Common use of No Knowledge of Seller's Breach Clause in Contracts

No Knowledge of Seller's Breach. Neither Buyer nor, to the best knowledge of Buyer, any of its Affiliates, has knowledge of any breach of any representation or warranty by MagneTek or of any other condition or circumstance that would excuse Buyer from its timely performance of its obligations hereunder. If any information relevant to the representations and warranties of MagneTek under this Agreement shall come to Buyer's attention before the Closing Date (whether through Sellers or otherwise), then for the purposes of MagneTek's liability under such representations and warranties the effect shall be as if the representations and warranties were so modified in this Agreement, and no claim for indemnification may be made under Article X hereof to the extent such claim would not arise under such modified representation or warranty.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Magnetek Inc), Asset Purchase Agreement (Magnetek Inc)

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No Knowledge of Seller's Breach. Neither Buyer nor, to the best knowledge of Buyer, any of its Affiliates, has knowledge of any breach of any representation or warranty by MagneTek or of any other condition or circumstance that would excuse Buyer from its timely performance of its obligations hereunder. If Buyer obtains actual knowledge of any information relevant to the representations and warranties of MagneTek under this Agreement shall come prior to Buyer's attention before the Closing Date (whether through Sellers or otherwise), then for the purposes of MagneTek's liability under such representations and warranties the effect shall be as if the representations and warranties were so modified in this Agreement, and no claim for indemnification may be made under Article X hereof to the extent such claim would not arise under such modified representation or warranty.

Appears in 1 contract

Samples: Asset and Stock Purchase Agreement (Magnetek Inc)

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No Knowledge of Seller's Breach. Neither Buyer nor, to the best knowledge of Buyer, any of its Affiliates, has knowledge of any breach of any representation or warranty by MagneTek or of any other condition or circumstance that would excuse Buyer from its timely performance of its obligations hereunder. If any information relevant to the representations and warranties of MagneTek under this Agreement shall come to Buyer's attention before the Closing Date (whether through Sellers Seller or otherwise), then for the purposes of MagneTek's liability under such representations and warranties the effect shall be as if the representations and warranties were so modified in this Agreement, and no claim for indemnification may be made under Article X hereof to the extent such claim would not arise under such modified representation or warranty.

Appears in 1 contract

Samples: Asset Purchase Agreement (Magnetek Inc)

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