REPRESENTATIONS AND WARRANTIES OF TENET Sample Clauses

REPRESENTATIONS AND WARRANTIES OF TENET. Except as (x) disclosed in the Tenet SEC Documents filed with or furnished to the SEC on or prior to the second Business Day preceding the date hereof and on or after January 1, 2013 that are publicly available one Business Day prior to the date hereof on the SEC’s Electronic Data Gathering, Analysis and Retrieval System (excluding disclosure contained in the “risk factors” section or constituting “forward-looking statements,” in each case, to the extent such disclosure is cautionary, predictive or speculative in nature) or (y) set forth in the corresponding sections or subsections of the Tenet Disclosure Schedules attached hereto (collectively, the “Tenet Disclosure Schedules”; provided, that for the purposes of the representations and warranties of Tenet contained herein, disclosure in any section of the Tenet Disclosure Schedules of any facts or circumstances shall be deemed to be disclosure of such facts or circumstances with respect to all representations or warranties by Tenet to which the relevance of such disclosure to the applicable representation and warranty is reasonably apparent on the face thereof), Tenet hereby represents and warrants to Ulysses Holdings and NewCo as follows:

REPRESENTATIONS AND WARRANTIES OF TENET. (i) The representations and warranties of Tenet set forth in Section 5.1, Section 5.2, Section 5.3 and Section 5.19 of this Agreement shall be true and correct on the date of this Agreement and as of the Closing Date as if made at and as of such date (except to the extent that any such representation or warranty speaks as of an earlier date, in which case such representation or warranty shall be true and correct as of such earlier date), and (ii) the other representations and warranties of Tenet set forth in this Agreement shall be true and correct in all respects on the date of this Agreement, and as of the Closing Date, as if made at and as of such date (except to the extent that any such representation or warranty speaks as of an earlier date, in which case such representation or warranty shall be true and correct as of such earlier date), except where the failure of such representations and warranties to be so true and correct (without giving effect to any limitation as to “materiality” or “Tenet Material Adverse Effect” set forth therein, except as set forth in Section 5.6(b)), individually or in the aggregate, has not had, and would not reasonably be expected to have, a Tenet Material Adverse Effect.