Common use of REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES. Except (x) as disclosed in the disclosure schedule delivered by the Company to Parent prior to the execution of this Agreement (it being acknowledged and agreed that disclosure of any item in any Section or subsection of the Company Disclosure Schedule shall be deemed disclosed with respect to any other Section or subsection of the Company Disclosure Schedule to the extent that the relevance of any disclosed event, item or occurrence in the Company Disclosure Schedule to such other Section or subsection is reasonably apparent on its face as to matters and items that are the subject of the corresponding representation or warranty in this Agreement), and (y) as set forth in the Company SEC Documents furnished or filed prior to the date of this Agreement to the extent it is reasonably apparent that any such disclosure set forth in the Company SEC Documents would qualify the representations and warranties contained herein, and further excluding from the Company SEC Documents any risk factor disclosures, disclosures about market risk or other cautionary, predictive or forward-looking disclosures contained therein (other than those disclosures which relate to specific historical events or circumstances affecting the Company), the Company and the Operating Partnership, jointly and severally, represent and warrant to Parent as follows:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wheeler Real Estate Investment Trust, Inc.), Agreement and Plan of Merger (Cedar Realty Trust, Inc.)

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REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES. Except (x) as disclosed in the disclosure schedule delivered by the Company to Parent prior to the execution of this Agreement Disclosure Schedule (it being acknowledged and agreed that disclosure of any item in any Section Part or subsection sub-Part of the Company Disclosure Schedule shall be deemed disclosed with respect to any other Section Part or subsection sub-Part of the Company Disclosure Schedule to the extent that the relevance of any disclosed event, item or occurrence in the Company Disclosure Schedule to such other Section Part or subsection sub-Part is reasonably apparent on its face as to matters and items that are the subject of the corresponding representation or warranty in this Agreement), and (y) as set forth in the Company SEC Documents furnished or filed with the SEC prior to the date of this Agreement hereof to the extent it is reasonably apparent that any such disclosure set forth in the such Company SEC Documents would qualify the representations and warranties contained herein, and further excluding from the Company SEC Documents any risk factor disclosures, disclosures about market risk or other cautionary, predictive or forward-looking disclosures contained therein (other than those disclosures which relate to specific historical events or circumstances affecting the Company), the Company and the Operating Partnership, Parties jointly and severally, severally represent and warrant to the Parent Parties as follows:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pebblebrook Hotel Trust), Agreement and Plan of Merger (LaSalle Hotel Properties)

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REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES. Except (x) as disclosed in the disclosure schedule delivered by the Company to Parent prior to the execution of this Agreement Disclosure Schedule (it being acknowledged and agreed that disclosure of any item in any Section Part or subsection sub-Part of the Company Disclosure Schedule shall be deemed disclosed with respect to any other Section Part or subsection sub-Part of the Company Disclosure Schedule to the extent that the relevance of any disclosed event, item or occurrence in the Company Disclosure Schedule to such other Section Part or subsection sub-Part is reasonably apparent on its face as to matters and items that are the subject of the corresponding representation or warranty in this Agreement), and (y) as set forth in the Company SEC Documents furnished or filed prior to the date of this Agreement hereof to the extent it is reasonably apparent that any such disclosure set forth in the Company SEC Documents would qualify the representations and warranties contained herein, and further excluding from the Company SEC Documents any risk factor disclosures, disclosures about market risk or other cautionary, predictive or forward-looking disclosures contained therein (other than those disclosures which relate to specific historical events or circumstances affecting the Company), the Company and the Operating Partnership, Parties jointly and severally, severally represent and warrant to the Parent Parties as follows:

Appears in 1 contract

Samples: Agreement and Plan of Merger (LaSalle Hotel Properties)

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