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 31 contracts
Samples: Agreement and Plan of Merger (Thoughtworks Holding, Inc.), Agreement and Plan of Merger (HireRight Holdings Corp), Agreement and Plan of Merger (Restaurant Brands International Limited Partnership)
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 19 contracts
Samples: Agreement and Plan of Merger (Everbridge, Inc.), Agreement and Plan of Merger (Everbridge, Inc.), Agreement and Plan of Merger (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 4 contracts
Samples: Agreement and Plan of Merger (Activision Blizzard, Inc.), Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Linkedin Corp)
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: Agreement and Plan of Merger (API Technologies Corp.), Agreement and Plan of Merger (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: Agreement and Plan of Merger (MINDBODY, Inc.), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Marketo, Inc.), Agreement and Plan of Merger (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 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: Agreement and Plan of Merger (Shamir Optica Holdings A.C.S. Ltd.), Agreement and Plan of Merger (Essilor International /Fi)
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: Agreement and Plan of Merger (Essilor International /Fi), Agreement and Plan of Merger (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 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
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Apigee Corp)
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 103 herein 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 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
Samples: Agreement and Plan of Merger (M.D.C. Holdings, 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 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 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
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
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 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. [Signature page follows.]
Appears in 1 contract
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
