Schedule Supplements. Investor, Sub and MEI agree that during the period between the date hereof and the Closing Date, the schedules to this Agreement relating to Article II may be supplemented in order for MEI, Sub and the Company to bring down the representations and warranties contained in Article II to the Closing Date (but not to change any representations and warranties made by MEI, Sub and the Company as of the date hereof). Notwithstanding the foregoing, no such schedule shall be so amended without the review and approval of Investor, which review and approval shall not be arbitrarily withheld.
Appears in 2 contracts
Samples: Recapitalization Agreement (McMS Inc), Recapitalization Agreement (Micron Electronics Inc)
Schedule Supplements. Investor, Sub Investor and MEI agree that during the period between the date hereof and the Closing Date, the schedules to this Agreement relating to Article II may be supplemented in order for MEI, Sub MEI and the Company to bring down the representations and warranties contained in Article II to the Closing Date (but not to change any representations and warranties made by MEI, Sub MEI and the Company as of the date hereof). Notwithstanding the foregoing, no such schedule shall be so amended without the review and approval of Investor, which review and approval shall not be arbitrarily withheld.
Appears in 2 contracts
Samples: Recapitalization Agreement (McMS Inc), Recapitalization Agreement (Micron Electronics Inc)