Common use of RIGHT TO AMEND REPRESENTATIONS Clause in Contracts

RIGHT TO AMEND REPRESENTATIONS. Seller shall have the right from time to time prior to the Closing by notice to Purchaser to amend or supplement its qualifications to the representations and warranties in this Article IV, by amendment of the Schedules in the Disclosure Schedule or otherwise to reflect changes in facts or conditions or to correct any immaterial factual inaccuracies; provided, however, that no such amendment or supplement will be deemed to cure any breach of any representation or warranty made in this Article IV or have any effect on the conditions in Section 9.4(a) or remedies set forth in Section 11.2 with respect to any factual inaccuracy that existed when this Agreement was entered into but will be deemed to cure any breach or inaccuracy for all purposes under this Agreement arising from a change in facts or conditions after this Agreement was entered into so long as the change was not caused by Seller's breach of Articles VI and VII other than Section 6.5.

Appears in 2 contracts

Samples: Purchase Agreement (New Plan Excel Realty Trust Inc), Purchase Agreement (New Plan Excel Realty Trust Inc)

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RIGHT TO AMEND REPRESENTATIONS. Seller shall have the right from time to time prior to the Closing by notice to Purchaser to amend or supplement its qualifications to the representations and warranties in this Article IV, by amendment of the Schedules in the Disclosure Schedule hereto or otherwise to reflect changes in facts or conditions or to correct any immaterial factual inaccuracies; provided, however, that no such amendment or supplement will be deemed to cure any breach of any representation or warranty made in this Article IV or have any effect on the conditions in Section 9.4(a) or remedies set forth in Section 11.2 with respect to any factual inaccuracy that existed when this Agreement was entered into but will be deemed to cure any breach or inaccuracy for all purposes under this Agreement arising from a change in facts or conditions after this Agreement was entered into so long as the change was not caused by Seller's breach of Articles VI and VII other than Section 6.5.

Appears in 2 contracts

Samples: Purchase Agreement (New Plan Excel Realty Trust Inc), Purchase Agreement (New Plan Excel Realty Trust Inc)

RIGHT TO AMEND REPRESENTATIONS. Seller Purchaser shall have the right from time to time prior to the Closing by notice to Purchaser Seller to amend or supplement its qualifications to the representations and warranties in this Article IVV, by amendment of the Schedules in of the Disclosure Schedule or otherwise otherwise, to reflect changes in facts or conditions or to correct any immaterial factual inaccuracies; provided, however, that no such amendment or supplement will be deemed to cure any breach of any representation or warranty made in this Article IV V or have any effect on the conditions in Section 9.4(a9.3(a) or remedies set forth in Section 11.2 with respect to any factual inaccuracy that existed when this Agreement was entered into but will be deemed to cure any breach or inaccuracy for all purposes under this Agreement arising from a change in facts or conditions after this Agreement was entered into so long as the change was not caused by SellerPurchaser's breach of Articles VI Sections 3.2 and VII other than Section 6.56.4 and Article VII.

Appears in 2 contracts

Samples: Purchase Agreement (New Plan Excel Realty Trust Inc), Purchase Agreement (New Plan Excel Realty Trust Inc)

RIGHT TO AMEND REPRESENTATIONS. Seller Purchaser shall have the right from time to time prior to the Closing by notice to Purchaser Seller to amend or supplement its qualifications to the representations and warranties in this Article IVV, by amendment of the Schedules in the Disclosure Schedule hereto or otherwise otherwise, to reflect changes in facts or conditions or to correct any immaterial factual inaccuracies; provided, however, that no such amendment or supplement will be deemed to cure any breach of any representation or warranty made in this Article IV V or have any effect on the conditions in Section 9.4(a9.3(a) or remedies set forth in Section 11.2 with respect to any factual inaccuracy that existed when this Agreement was entered into but will be deemed to cure any breach or inaccuracy for all purposes under this Agreement arising from a change in facts or conditions after this Agreement was entered into so long as the change was not caused by SellerPurchaser's breach of Articles VI Sections 3.2 and VII other than Section 6.56.4 and Article VII.

Appears in 1 contract

Samples: Purchase Agreement (New Plan Excel Realty Trust Inc)

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RIGHT TO AMEND REPRESENTATIONS. Seller shall have the right from time to time prior to the Closing by notice to Purchaser to amend or supplement its qualifications to the representations and warranties in this Article IV, by amendment of the Schedules in the Disclosure Schedule hereto or otherwise to reflect changes in facts or conditions or to correct any immaterial factual inaccuracies; provided, however, that no such amendment or supplement will be deemed to cure any intentional breach of any representation or warranty made in this Article IV or have any effect on the conditions in Section 9.4(a9.6(a) or remedies set forth in Section 11.2 with respect to any factual inaccuracy of a material nature made intentionally that existed when this Agreement was entered into but will be deemed to cure any breach or inaccuracy for all purposes under this Agreement arising from a change in facts or conditions after this Agreement was entered into so long as the change was not caused by Seller's breach of Articles VI and VII other than Section 6.5. Notwithstanding the foregoing, any such amendments or supplements shall be treated in the same manner as a Title Objection pursuant to Section 3.3.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Developers Diversified Realty Corp)

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