No Other Representations; Disclaimer. (a) Except for the representations and warranties made by Foundation in this Agreement, neither Foundation nor any other Person makes any express or implied representation or warranty with respect to Foundation or its Subsidiaries or their respective business, operations, assets, liabilities, condition (financial or otherwise) or prospects, and Foundation hereby disclaims any such other representations or warranties, including any representation or warranty regarding merchantability or fitness for a particular purpose. In particular, without limiting the foregoing disclaimer, except for the representations and warranties made by Foundation in this Agreement, neither Foundation nor any other Person makes or has made any representation or warranty to Alpha or any of its Affiliates or representatives with respect to (i) any financial projection, forecast, estimate, budget or prospect information relating to Foundation, any of its Subsidiaries or their respective businesses, or (ii) any oral or written information presented to Alpha or any of its Affiliates or representatives in the course of their due diligence investigation of Foundation, the negotiation of this Agreement or in the course of the transactions contemplated hereby.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Foundation Coal Holdings, Inc.), Agreement and Plan of Merger (Alpha Natural Resources, Inc.)
No Other Representations; Disclaimer. (a) Except for the representations and warranties made by Foundation Alpha in this Agreement, neither Foundation Alpha nor any other Person makes any express or implied representation or warranty with respect to Foundation Alpha or its Subsidiaries or their respective business, operations, assets, liabilities, condition (financial or otherwise) or prospects, and Foundation Alpha hereby disclaims any such other representations or warranties, including any representation or warranty regarding merchantability or fitness for a particular purpose. In particular, without limiting the foregoing disclaimer, except for the representations and warranties made by Foundation Alpha in this Agreement, neither Foundation Alpha nor any other Person makes or has made any representation or warranty to Alpha Foundation or any of its Affiliates or representatives with respect to (i) any financial projection, forecast, estimate, budget or prospect information relating to FoundationAlpha, any of its Subsidiaries or their respective businesses, or (ii) any oral or written information presented to Alpha Foundation or any of its Affiliates or representatives in the course of their due diligence investigation of FoundationAlpha, the negotiation of this Agreement or in the course of the transactions contemplated hereby.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alpha Natural Resources, Inc.), Agreement and Plan of Merger (Foundation Coal Holdings, Inc.)
