Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall govern.
Appears in 79 contracts
Samples: Stock Purchase Agreement (NI Holdings, Inc.), Stock Purchase Agreement (American International Holdings Corp.), Agreement and Plan of Merger (AIRO Group, Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article ARTICLE VIII may overlap with an obligation or responsibility pursuant to this Article ARTICLE VI, the provisions of this Article ARTICLE VI shall govern.
Appears in 47 contracts
Samples: Stock Purchase Agreement (Unitil Corp), Stock Purchase Agreement (Flora Growth Corp.), Acquisition Agreement (Fdctech, Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII IX may overlap with an obligation or responsibility pursuant to this Article VIVII, the provisions of this Article VI VII shall govern.
Appears in 25 contracts
Samples: Membership Interest Purchase Agreement (GameSquare Holdings, Inc.), Membership Interest Purchase Agreement (Planet 13 Holdings Inc.), Membership Interest Purchase Agreement (Planet 13 Holdings Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap with an obligation or responsibility pursuant to this Article VIVII, the provisions of this Article VI VII shall govern.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Duddell Street Acquisition Corp.), Membership Interest Purchase and License Agreement (Salt Blockchain Inc.), Agreement and Plan of Merger (Ennis, Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII ARTICLE IX may overlap with an obligation or responsibility pursuant to this Article VIARTICLE VII, the provisions of this Article VI ARTICLE VII shall govern.
Appears in 7 contracts
Samples: Membership Interest Purchase Agreement (Limbach Holdings, Inc.), Share Purchase Agreement (Super League Gaming, Inc.), Stock Purchase Agreement (Brady Corp)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII IX may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall govern.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Edgar Express, Inc.), Agreement and Plan of Merger (Acreage Holdings, Inc.), Assignment and Assumption Agreement (Heska Corp)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII VII may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall govern.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Erasca, Inc.), Share Purchase Agreement (Eyegate Pharmaceuticals Inc), Purchase Agreement (Taronis Fuels, Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII ARTICLE VII may overlap with an obligation or responsibility pursuant to this Article ARTICLE VI, the provisions of this Article ARTICLE VI shall govern.
Appears in 4 contracts
Samples: Employment Agreement (LIVE VENTURES Inc), Share Purchase Agreement (Allied Motion Technologies Inc), Stock Purchase Agreement (Intellinetics, Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII ARTICLE VI may overlap with an obligation or responsibility pursuant to this Article VIARTICLE V, the provisions of this Article VI ARTICLE V shall govern.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Orthopediatrics Corp), Membership Interest Purchase Agreement (Sunworks, Inc.), Securities Purchase Agreement (Telanetix,Inc)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall govern, with the exception of Section 8.05 which shall govern procedures for indemnification pursuant to this Article VI.
Appears in 2 contracts
Samples: Asset Purchase Agreement (CompuCredit Holdings Corp), Asset Purchase Agreement (Advance America, Cash Advance Centers, Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII VI may overlap with an obligation or responsibility pursuant to this Article VIVII, the provisions of this Article VI VII shall govern.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Tecogen Inc.), Membership Interest Purchase Agreement (Tecogen Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article ARTICLE VIII may overlap with an obligation or responsibility pursuant to this Article ARTICLE VI, the provisions of this Article ARTICLE VI shall governgovern provided that the limitations on liability set forth in ARTICLE VIII shall apply.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Q2Earth Inc.), Stock Purchase Agreement (Q2Earth Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article ARTICLE VIII may overlap with an obligation or responsibility pursuant to this Article ARTICLE VI, the provisions of this Article ARTICLE VI shall governgovern and the corresponding provision in ARTICLE VIII shall not apply.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Abeona Therapeutics Inc.), Agreement and Plan of Merger (Abeona Therapeutics Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII VII may overlap with an obligation or responsibility pursuant to this Article VIVIII, the provisions of this Article VI VIII shall govern.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Membership Interest Purchase Agreement (Versar Inc)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall will govern.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Gas Natural Inc.), Stock Purchase Agreement (Gas Natural Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII VII may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall govern.. EXECUTION VERSION
Appears in 1 contract
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap conflicts with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall govern.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cross Country Healthcare Inc)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap with an obligation or responsibility pursuant to this Article VI, as it relates to Taxes or Tax Returns, the provisions of this Article VI shall govern.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Evi Industries, Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article ARTICLE VIII may overlap with an obligation or responsibility pursuant to this Article ARTICLE VI, the provisions of this Article ARTICLE VI shall governgovern with respect to any inconsistency between this ARTICLE VI and ARTICLE VIII.
Appears in 1 contract
Samples: Escrow Agreement (LIVE VENTURES Inc)
Overlap. To the extent that any obligation or responsibility pursuant to Article ARTICLE VIII may overlap with an obligation or responsibility pursuant to this Article ARTICLE VI, the provisions of this Article ARTICLE VI shall govern.. 55
Appears in 1 contract
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII VII may overlap with an obligation or responsibility pursuant to this Article VIV, the provisions of this Article VI V shall govern.
Appears in 1 contract
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall governgovern to the exclusion of the provisions of Article VIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Meridian Bioscience Inc)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII may overlap with an obligation or responsibility pursuant to this Article VI or otherwise conflict with any provision of this Article VI, the provisions of this Article VI shall govern.
Appears in 1 contract
Overlap. To the extent that any obligation or responsibility pursuant to Article ARTICLE VIII may overlap with an obligation or responsibility pursuant to this Article VI, the provisions of this Article VI shall govern.
Appears in 1 contract
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII VI may overlap with an obligation or responsibility pursuant to this Article VIV, the provisions of this Article VI V shall govern.
Appears in 1 contract
Overlap. To Other than as described in this ARTICLE VI, to the extent that any obligation or responsibility pursuant to Article ARTICLE VIII may overlap with an obligation or responsibility pursuant to this Article ARTICLE VI, the provisions of this Article ARTICLE VI shall govern.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Freedom Holding Corp.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII VI may overlap with an obligation or responsibility pursuant to this Article VIVII, the provisions of this Article VI VII shall govern.. ARTICLE VIII MISCELLANEOUS 8.01
Appears in 1 contract
Samples: Agreement (Tecogen Inc.)
Overlap. To the extent that any obligation or responsibility pursuant to Article VIII (Indemnification) may overlap with an obligation or responsibility pursuant to this Article VIVI (Tax Matters), the provisions of this Article VI (Tax Matters) shall govern.
Appears in 1 contract
