Product Liability and Recalls. (a) Except as disclosed in the Company Securities Filings filed prior to the date of this Agreement or Section 2.25 of the Company Disclosure Letter, there is no claim, pending or overtly threatened, against the Company or any Company Subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product or performance of any service by the Company or any Company Subsidiaries, including claims arising out of the defective or unsafe nature of its products or services, which would reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (SMC Corp), Agreement and Plan of Merger (Monaco Coach Corp /De/)
Product Liability and Recalls. (a) Except as disclosed set forth in the Company Securities Filings filed prior to the date of this Agreement or Section 2.25 2.22(a) of the Company Disclosure LetterSchedule or the Company SEC Documents, to the Company's knowledge, there is no claim, pending or overtly threatened, against the Company or any Company Subsidiaries of its subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product currently manufactured, sold or produced by the Company or any of its Subsidiaries or performance of any service currently performed by the Company or any Company Subsidiariesof its subsidiaries, including claims arising out of the defective or unsafe nature of its current products or services, which would reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Scott Technologies Inc), Agreement and Plan of Merger (Scott Technologies Inc)
Product Liability and Recalls. (a) Except as disclosed in the Company Securities Filings filed prior to the date of this Agreement or Section 2.25 2.22(a) of the Company Disclosure LetterSchedule or the Company SEC Reports, there the Company is no not aware of any claim, pending or overtly threatened, against the Company or any Company Subsidiaries of its subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product or performance of any service by the Company or any Company Subsidiariesof its subsidiaries, including claims arising out of the defective or unsafe nature of its products or services, which would reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tyco International LTD /Ber/), Agreement and Plan of Merger (Amp Inc)
Product Liability and Recalls. (a) Except as disclosed set forth in the Company Securities Filings filed prior to the date of this Agreement or Section 2.25 2.22 (a) of the Company Disclosure LetterSchedule, there is no claim, pending or overtly or, to the Company's knowledge, threatened, against the Company or any Company Subsidiaries of its subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product or performance of any service by the Company or any Company Subsidiariesof its subsidiaries, including claims arising out of the defective or unsafe nature of its products or services. To the knowledge of the Company, there is no basis for such a claim, which would reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Novametrix Medical Systems Inc)
Product Liability and Recalls. (a) Except as disclosed in the Company Securities Filings filed prior to the date of this Agreement or Section 2.25 2.22(a) of the Company Disclosure LetterSchedule or the Company SEC Documents, to the Company's knowledge, there is no claim, pending or overtly threatened, against the Company or any Company Subsidiaries of its subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product or performance of any service by the Company or any Company Subsidiariesof its subsidiaries, including claims arising out of the defective or unsafe nature of its products or services, which would reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mallinckrodt Inc /Mo)