Representations and Warranties; Performance of Covenants. All -------------------------------------------------------- covenants, terms and conditions of this Agreement to be complied with and performed by the Partnership at or before the Closing Date shall have been complied with and performed in all material respects; and the representations and warranties of the Partnership contained herein shall have been true and correct in all material respects on and as of the date of this Agreement (or on the date when made in the case of a representation or warranty which by its express provisions is made with respect to a date prior to the date of this Agreement), and on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of the Closing Date, provided that representations and warranties that are made as of a specific date need be true in all material respects only as of such date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Brewer C Homes Inc), Agreement and Plan of Merger (Mauna Loa Macadamia Partners Lp)
Representations and Warranties; Performance of Covenants. All -------------------------------------------------------- the covenants, terms terms, and conditions of this Agreement to be complied with and performed by the Partnership Corporation at or before the Closing Date shall have been complied with and performed in all material respects; and the representations and warranties of the Partnership Corporation contained herein shall have been true and correct in all material respects on and as of the date of this Agreement (or on the date when made in the case of a representation or warranty which by its express provisions is made with respect to a date prior to the date of this Agreement), and on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of the Closing Date, provided that representations and warranties that are made as of a specific date need be true in all material respects only as of such date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mauna Loa Macadamia Partners Lp), Agreement and Plan of Merger (Brewer C Homes Inc)