REPRESENTATIONS AND WARRANTIES OF POST. Post hereby represents, warrants and covenants to the Company that as of the date of its execution of this Agreement:
REPRESENTATIONS AND WARRANTIES OF POST. Except as set forth in the correspondingly identified subsection of the disclosure schedule delivered by Post to BellRing simultaneously with the execution of this Agreement (the “Post Disclosure Schedule”), Post hereby represents and warrants to BellRing:
REPRESENTATIONS AND WARRANTIES OF POST. Except (a) as set forth in the disclosure letter that has been prepared by the Post Parties and delivered by the Post Parties to the MAA Parties in connection with the execution and delivery of this Agreement (the “Post Disclosure Letter”) (it being agreed that (i) disclosure of any item in any section of the Post Disclosure Letter with respect to any Section or subsection of Article IV of this Agreement shall be deemed disclosed with respect to any other Section or subsection of Article IV of this Agreement to the extent such relationship is reasonably apparent; provided, that nothing in the Post Disclosure Letter is intended to broaden the scope of any representation or warranty of the Post Parties made herein and (ii) no reference to or disclosure of any item or other matter in the Post Disclosure Letter shall be construed as an admission or indication that (A) such item or other matter is material, (B) such item or other matter is required to be referred to or disclosed in the Post Disclosure Letter or (C) any breach or violation of applicable Laws or any contract, agreement, arrangement or understanding to which Post or any of the Post Subsidiaries is a party exists or has actually occurred), or (b) other than with respect to representations or warranties set forth in Section 4.12, as disclosed in publicly available Post SEC Documents filed with, or furnished to, as applicable, the SEC on or after January 1, 2013 and prior to the date of this Agreement (excluding any risk factor disclosures contained in such documents under the heading “Risk Factors” (but including any description of historic facts or events included therein) and any disclosure of risks or other matters included in any “forward-looking statements” disclaimer (but including any description of historic facts or events included therein) or other statements that are predictive or forward-looking in nature), the Post Parties hereby jointly and severally represent and warrant to the MAA Parties that:
REPRESENTATIONS AND WARRANTIES OF POST. Except as disclosed in the disclosure schedules delivered by Post in connection with this Agreement (the “Disclosure Schedules”), Post hereby makes, both as of the date hereof and as of the Closing Date, the representations and warranties to the Investor as set forth in this Article IV. The Disclosure Schedules have been arranged, for purposes of convenience only, in sections corresponding to the Sections of this Article IV. Each section of the Disclosure Schedules shall be deemed to incorporate by reference all information disclosed in any other section of the Disclosure Schedules if the relevance of such disclosure to such other section is readily apparent on the face of such disclosure (whether by applicable cross-reference or otherwise).
REPRESENTATIONS AND WARRANTIES OF POST. NEWSWEEK ----------------------------------------------- Post-Newsweek represents and warrants to Meredith as follows:
REPRESENTATIONS AND WARRANTIES OF POST. 34 6.2 KNOWLEDGE OF POST DEFINED................................................................. 38 6.3 SURVIVAL OF POST'S REPRESENTATIONS AND WARRANTIES......................................... 38 6.4 COVENANTS OF POST......................................................................... 39
REPRESENTATIONS AND WARRANTIES OF POST. Post hereby makes the following representations and warranties to Jupiter as of the Effective Date. Such representations and warranties are subject to (i) those matters, if any, disclosed in Post's disclosure statements attached hereto as Schedules 6.1-1 through 6.1-7 and made a part hereof by this reference (collectively, "POST'S DISCLOSURE STATEMENT"), (ii) the Permitted Exceptions, and (iii) all other applicable provisions of this Agreement, including without limitation ARTICLE 10. In addition, each individual representation and warranty is qualified to the extent of any applicable information or exception which is otherwise expressly disclosed in another representation or warranty specifically set forth in this Agreement.
