Common use of REPRESENTATIONS AND WARRANTIES OF ACQUIRER Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF ACQUIRER. The representations and warranties of Acquirer (i) in Article IV (other than those contained in Section 4.2, Section 4.5 and Section 4.8(a)) (x) which are qualified by “material,” “materially” or “Material Adverse Effect” shall be true and correct in all respects as of the Contribution Closing Date as if remade on the Contribution Closing Date (except for representations and warranties made as of a specific date, which shall be true and correct in all respects as of such specific date), and (y) which are not qualified by “material,” “materially” or “Material Adverse Effect” shall be true and correct in all material respects as of the Contribution Closing Date as if remade on the Contribution Closing Date (except for representations and warranties made as of a specific date, which shall be true and correct in all material respects as of such specific date), and (ii) in Section 4.2, Section 4.5 and Section 4.8(a) shall be true and correct in all respects as of the Contribution Closing Date as if remade on the Contribution Closing Date.

Appears in 3 contracts

Samples: Contribution Agreement (Suburban Propane Partners Lp), Contribution Agreement (Inergy L P), Contribution Agreement (Suburban Propane Partners Lp)

AutoNDA by SimpleDocs

REPRESENTATIONS AND WARRANTIES OF ACQUIRER. The representations and warranties of Acquirer (i) in Article IV (other than those contained in Section 4.24.2(c), Section 4.5 and Section 4.8(a)) (x) which are qualified by “material,” “materially” or “Material Adverse Effect” 4.8 shall be true and correct in all respects as of the Contribution Closing Date as if remade on the Contribution Closing Date (except for representations and warranties made as of a specific date, which shall be true and correct in all respects as of such specific date), with only such failures to be so true and (y) which are correct as had not qualified by “material,” “materially” or “had, and would not reasonably be expected to have, an AmeriGas Material Adverse Effect, (ii) in Section 4.2(c) and Section 4.5 shall be true and correct in all material respects as of the Contribution Closing Date as if remade on the Contribution Closing Date (except for representations and warranties contained therein made as of a specific date, which shall be true and correct in all material respects as of such specific date), ) and (iiiii) in Section 4.2, Section 4.5 and Section 4.8(a) 4.8 shall be true and correct in all respects as of the Contribution Closing Date as if remade on the Contribution Closing Daterespects.

Appears in 2 contracts

Samples: Contribution and Redemption Agreement (Energy Transfer Partners, L.P.), Contribution and Redemption Agreement (Amerigas Partners Lp)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!