Common use of Schedules/Exhibits Clause in Contracts

Schedules/Exhibits. Each Disclosure Schedule, schedule and exhibit delivered pursuant to the terms of this Agreement shall be in writing and shall qualify this Agreement, although schedules need not be attached to each copy of this Agreement. The mere inclusion of an item in a Disclosure Schedule as an exception to a representation or warranty shall not be deemed an admission by Seller that such item represents an exception or material fact, event or circumstance or that such item is reasonably likely to constitute a Material Adverse Circumstance. Subject to the last sentence of Section 4.10(a), any fact or item which is clearly disclosed in any Section of the Seller Disclosure Schedule or in the Financial Statements in a way as to make its relevance or applicability to information called for by any other Section or Sections of the Seller Disclosure Schedule reasonably apparent shall be deemed to be disclosed in such other Section or Sections of the Seller Disclosure Schedule, notwithstanding the omission of a reference or cross-reference thereto.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Tsi Finance Inc), Agreement of Merger (Tsi Finance Inc)

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Schedules/Exhibits. Each The Seller Disclosure Schedule, schedule Schedule and exhibit each Exhibit delivered pursuant to the terms of this Agreement shall be in writing and shall qualify this Agreement, although schedules need shall not be attached to each copy of this Agreement. The mere inclusion of an item in a the Seller Disclosure Schedule as an exception to a representation or warranty shall not be deemed an admission by Seller that such item represents an exception or material fact, event or circumstance or an admission of liability to any third Person or that such item is has or would reasonably likely be expected to constitute have a Material Adverse CircumstanceEffect. Subject to the last sentence of Section 4.10(a)Further, any fact or item which is clearly disclosed in on any Section of the Seller Disclosure Schedule schedule or in the Financial Statements in such a way as to make its relevance or applicability to information called for by any another schedule or other Section or Sections of the Seller Disclosure Schedule schedules to this Agreement reasonably apparent shall be deemed to be disclosed in on such other Section schedule or Sections of schedules, as the Seller Disclosure Schedulecase may be, notwithstanding the omission of a reference or cross-reference thereto. Each Exhibit and Schedule to this Agreement is a part of this Agreement, but, in the event of any conflict or inconsistency between the main body of this Agreement and any Exhibit or Schedule, the provisions of the main body of this Agreement shall prevail.

Appears in 1 contract

Samples: Agreement of Merger (Hawaiian Telcom Communications, Inc.)

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Schedules/Exhibits. Each The Seller Disclosure Schedule, schedule Schedule and exhibit each Exhibit delivered pursuant to the terms of this Agreement shall be in writing and shall qualify this Agreement, although schedules need shall not be attached to each copy of this Agreement. The mere inclusion of an item or information in a the Seller Disclosure Schedule as an exception to a representation or warranty shall not be deemed an admission by Seller that such item or information represents an exception or material fact, event or circumstance or an admission of liability to any third Person or that such item is has or would reasonably likely be expected to constitute have a Material Adverse CircumstanceEffect. Subject to the last sentence of Section 4.10(a)Further, any fact or item which is clearly disclosed in on any Section of the Seller Disclosure Schedule schedule or in the Business Audited Financial Statements in such a way as to make its relevance or applicability to information called for by any another schedule or other Section or Sections of the Seller Disclosure Schedule schedules to this Agreement reasonably apparent shall be deemed to be disclosed in on such other Section schedule or Sections of schedules, as the Seller Disclosure Schedulecase may be, notwithstanding the omission of a reference or cross-reference thereto.

Appears in 1 contract

Samples: Purchase Agreement (Hawaiian Telcom Communications, Inc.)

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