Representations and Warranties of Xxxxxx. Except (i) as set forth in the Xxxxxx Disclosure Letter (it being agreed that, except as otherwise expressly provided in the Disclosure Letter, disclosure of any item in any section of a Party’s Disclosure Letter shall be deemed disclosure with respect to any other section to such Party’s Disclosure Letter to which the relevance of such item is reasonably apparent on its face), (ii) as disclosed in the Xxxxxx SEC Documents (other than any disclosures included in such filings that are predictive, speculative or forward-looking in nature, including any disclosures in any “Risk Factors” sections thereof) or (iii) as expressly contemplated by the Executed Transaction Agreements, Xxxxxx represents and warrants to Hanover as follows:
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Samples: Agreement and Plan of Merger (Walter Industries Inc /New/), Agreement and Plan of Merger (Hanover Capital Mortgage Holdings Inc), Merger Agreement (Walter Industries Inc /New/)
Representations and Warranties of Xxxxxx. Except (i) as set forth in the Xxxxxx Disclosure Letter (it being agreed that, except as otherwise expressly provided in the Disclosure Letter, disclosure of any item in any section of a Party’s 's Disclosure Letter shall be deemed disclosure with respect to any other section to such Party’s 's Disclosure Letter to which the relevance of such item is reasonably apparent on its face), (ii) as disclosed in the Xxxxxx SEC Documents (other than any disclosures included in such filings that are predictive, speculative or forward-looking in nature, including any disclosures in any “"Risk Factors” " sections thereof) or (iii) as expressly contemplated by the Executed Transaction Agreements, Xxxxxx represents and warrants to Hanover Hanover, as of each of the date of the Amended and Restated Merger Agreement and, subject to Section 8.3(a), the Effective Time (except to the extent such representations and warranties address matters as of a particular date), as follows:
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