SmartFinancial Disclosure Memorandum Sample Clauses
SmartFinancial Disclosure Memorandum. Prior to the Parties’ execution and delivery of this Agreement, SmartFinancial and SmartBank have delivered to the Cornerstone Parties a confidential memorandum (the “SmartFinancial Disclosure Memorandum”) setting forth, among other things, items the disclosure of which is necessary either in response to an express disclosure requirement contained in a provision of this Agreement or as an exception to one or more representations or warranties of the SmartFinancial Parties contained in this Article V or to one or more of their covenants contained in Article VI, making specific reference in such SmartFinancial Disclosure Memorandum to the Section(s) of this Agreement to which such items relate.
SmartFinancial Disclosure Memorandum. Prior to or simultaneously with the Parties’ execution and delivery of this Agreement, the SmartFinancial Parties have delivered to the Company a confidential memorandum (the “SmartFinancial Disclosure Memorandum”) setting forth, among other things, items the disclosure of which is necessary either in response to an express disclosure requirement contained in a provision of this Agreement or as an exception to one or more representations or warranties of the SmartFinancial Parties contained in this Article V or to one or more covenants of the SmartFinancial Parties contained in Article VI (and in the case of any such exception, whether or not the subject representation, warranty, or covenant expressly makes reference to the SmartFinancial Disclosure Memorandum), making specific reference in such SmartFinancial Disclosure Memorandum to the Section(s) of this Agreement to which such items relate.