No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 33 contracts
Samples: Merger Agreement (Thoughtworks Holding, Inc.), Merger Agreement (HireRight Holdings Corp), Merger Agreement (Carrols Restaurant Group, Inc.)
No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, (a) the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that cumulative; (b) each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect effect; and (c) nothing set forth in any provision herein in this Agreement will (except to the extent expressly stated) in any way be deemed to limit the scope, applicability or effect of any other provision hereofof this Agreement.
Appears in 22 contracts
Samples: Agreement and Plan of Merger (Everbridge, Inc.), Merger Agreement (Everbridge, Inc.), Merger Agreement (Transphorm, Inc.)
No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will (except to the extent expressly stated) in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 5 contracts
Samples: Merger Agreement (Activision Blizzard, Inc.), Agreement and Plan of Merger, Merger Agreement (Nuance Communications, Inc.)
No Limitation. It is the intention of the Parties parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions agreements in this Agreement will shall be construed to be cumulative and that each representation, warranty, covenant and closing condition agreement in this Agreement will shall be given full, separate and independent effect and nothing set forth in any provision herein will in this Agreement shall in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 2 contracts
Samples: Merger Agreement (API Technologies Corp.), Merger Agreement (Spectrum Control Inc)
No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will in any way be deemed to limit the scope, applicability or effect of any other provision hereof.. Table of Contents
Appears in 2 contracts
Samples: Merger Agreement (MINDBODY, Inc.), Merger Agreement (Apptio Inc)
No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will in any way be deemed to limit the scope, applicability or effect of any other provision hereof. [Signature page follows.]
Appears in 2 contracts
Samples: Merger Agreement (Marketo, Inc.), Merger Agreement (Tibco Software Inc)
No Limitation. It is the intention of the Parties parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will (except to the extent expressly stated) in any way be deemed to limit the scope, applicability or effect of any other provision hereof.. Table of Contents
Appears in 2 contracts
No Limitation. It is the intention of the Parties parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will shall be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will shall be given full, separate and independent effect and nothing set forth in any provision herein will shall in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 2 contracts
Samples: Merger Agreement (Essilor International /Fi), Merger Agreement (FGX International Holdings LTD)
No Limitation. It is the intention of the Parties parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants covenants, agreements and closing conditions in this Agreement will shall be construed to be cumulative and that each representation, warranty, covenant covenant, agreement and closing condition in this Agreement will shall be given full, separate and independent effect and nothing set forth in any provision herein will shall in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 2 contracts
Samples: Merger Agreement (Essilor International /Fi), Merger Agreement (Shamir Optica Holdings A.C.S. Ltd.)
No Limitation. It is the intention of the Parties parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, warranties and covenants and closing conditions in this Agreement will shall be construed to be cumulative and that each representation, warranty, warranty and covenant and closing condition in this Agreement will shall be given full, separate and independent effect and nothing set forth in any provision herein will shall in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 1 contract
No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing Closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing Closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 1 contract
Samples: Merger Agreement (Mobileiron, Inc.)
No Limitation. It is the intention of the Parties parties hereto that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, (a) the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that cumulative; (b) each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect effect; and (c) nothing set forth in any provision herein in this Agreement will (except to the extent expressly stated) in any way be deemed to limit the scope, applicability or effect of any other provision hereofof this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Bravo Brio Restaurant Group, Inc.)
No Limitation. It is the intention of the Parties parties hereto that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants covenants, obligations, agreements and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant covenant, obligation, agreement and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 1 contract
Samples: Merger Agreement (ZAGG Inc)
No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein (except to the extent expressly stated) will in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 1 contract
No Limitation. It is the intention of the Parties parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and nothing set forth in any provision herein will in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 1 contract
Samples: Merger Agreement (Resonant Inc)
No Limitation. It is the intention of the Parties that, to the extent possible, unless provisions are mutually exclusive and effect cannot be given to both or all such provisions, the representations, warranties, covenants and closing conditions in this Agreement will be construed to be cumulative and that each representation, warranty, covenant and closing condition in this Agreement will be given full, separate and independent effect and and, except as provided by the express terms thereof, nothing set forth in any provision herein will in any way be deemed to limit the scope, applicability or effect of any other provision hereof.
Appears in 1 contract
Samples: Merger Agreement (Augmedix, Inc.)
