Common use of REPRESENTATIONS AND WARRANTIES OF MERGER PARTNER Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF MERGER PARTNER. Merger Partner represents and warrants to Public Company and Merger Sub that the statements contained in this ARTICLE III are true and correct, except as set forth herein or in the disclosure schedule delivered and/or otherwise made available by Merger Partner to Public Company and Merger Sub as of the date of this Agreement (the “Merger Partner Disclosure Schedule”). For purposes hereof, the phrase “to the knowledge of Merger Partner” and similar expressions mean the actual knowledge of the persons identified on Section K of the Merger Partner Disclosure Schedule for this purpose, and such knowledge as such persons would reasonably be expected to have obtained in the course of their performance of their positions at Merger Partner (after due inquiry).

Appears in 4 contracts

Samples: Agreement and Plan of Merger (SRAX, Inc.), Agreement and Plan of Merger (Boston Therapeutics, Inc.), Agreement and Plan of Merger (Amergent Hospitality Group, Inc)

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REPRESENTATIONS AND WARRANTIES OF MERGER PARTNER. Merger Partner represents and warrants to Public Company and Merger Sub that the statements contained in this ARTICLE Article III are true and correct, except as expressly set forth herein or in the disclosure schedule delivered and/or otherwise or made available by Merger Partner to Public Company and Merger Sub as of on the date of this Agreement (the “Merger Partner Disclosure Schedule”). For purposes hereof, the phrase “to the knowledge of Merger Partner” and similar expressions mean the actual knowledge of the persons identified on Section K of the Merger Partner Disclosure Schedule for this purpose, and such knowledge as such persons would reasonably be expected to have obtained in the course of their performance of their positions at Merger Partner (after due inquiry).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Arsanis, Inc.)

REPRESENTATIONS AND WARRANTIES OF MERGER PARTNER. Merger Partner represents and warrants to Public Company and Merger Sub that the statements contained in this ARTICLE Article III are true and correct, except as expressly set forth herein or in the disclosure schedule delivered and/or otherwise or made available by Merger Partner to Public Company and Merger Sub as of on the date of this Agreement (the “Merger Partner Disclosure Schedule”). For purposes hereof, the phrase “to the knowledge of Merger Partner” and similar expressions mean the actual knowledge of the persons identified on Section K of the Merger Partner Disclosure Schedule for this purpose, and such knowledge as such persons would reasonably be expected to have obtained in the course of their performance of their positions at Merger duties to Xxxxxx Partner (after due inquiry).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Akerna Corp.)

REPRESENTATIONS AND WARRANTIES OF MERGER PARTNER. Merger Partner represents and warrants to Public Company and Merger Sub that the statements contained in this ARTICLE Article III are true and correct, except as expressly set forth herein or in the disclosure schedule delivered and/or otherwise or made available by Merger Partner to Public Company and Merger Sub as of on the date of this Agreement (the “Merger Partner Disclosure Schedule”). For purposes hereof, the phrase “to the knowledge of Merger Partner” and similar expressions mean the actual knowledge of the persons identified on Section K of the Merger Partner Disclosure Schedule for this purpose, and such knowledge as such persons would reasonably be expected to have obtained in the course of their performance of their positions at duties to Merger Partner (after due inquiry).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Millendo Therapeutics, Inc.)

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REPRESENTATIONS AND WARRANTIES OF MERGER PARTNER. Merger Partner represents and warrants to Public Company and Merger Sub that the statements contained in this ARTICLE Article III are true and correct, except as expressly set forth herein or in the disclosure schedule delivered and/or otherwise or made available by Merger Partner to Public Company and Merger Sub as of on the date of this Agreement (the "Merger Partner Disclosure Schedule"). For purposes hereof, the phrase "to the knowledge of Merger Partner" and similar expressions mean the actual knowledge of the persons identified on Section K of the Merger Partner Disclosure Schedule for this purpose, and such knowledge as such persons would reasonably be expected to have obtained in the course of their performance of their positions at duties to Merger Partner (after due inquiry).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sphere 3D Corp)

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