Common use of Specific Breaches Clause in Contracts

Specific Breaches. The breach of a specific representation, warranty, or agreement by Sellers or Purchaser, as applicable, shall be determined independently of any other representation, warranty or agreement made by Sellers or Purchaser, as applicable, whether or not, apart from such specific representation, warranty or agreement, the transactions provided for in this Agreement prove to be more favorable to Purchaser or Sellers, as applicable, and whether or not the facts and circumstances covered by any one or more of the other representations, warranties or agreements made by Sellers or Purchaser, as applicable, prove to be more favorable than so represented and warranted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Symbollon Corp)

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Specific Breaches. The breach of a specific representation, warranty, or agreement by Sellers or PurchaserBuyer, as applicable, shall be determined independently of any other representation, warranty or agreement made by Sellers or PurchaserBuyer, as applicable, whether or not, apart from such specific representation, warranty or agreement, the transactions provided for in this Agreement prove to be more favorable to Purchaser Buyer or SellersSeller, as applicable, and whether or not the facts and circumstances covered by any one or more of the other representations, warranties or agreements made by Sellers or PurchaserBuyer, as applicable, prove to be more favorable than so represented and warranted.

Appears in 1 contract

Samples: Asset Purchase Agreement (NightCulture, Inc.)

Specific Breaches. The breach of a specific representation, warranty, or agreement by Sellers Seller or Purchaser, as applicable, shall be determined independently of any other representation, warranty or agreement made by Sellers Seller or Purchaser, as applicable, whether or not, apart from such specific representation, warranty or agreement, the transactions provided for in this Agreement prove to be more favorable to Purchaser or SellersSeller, as applicable, and whether or not the facts and circumstances covered by any one or more of the other representations, warranties or agreements made by Sellers Seller or Purchaser, as applicable, prove to be more favorable than so represented and warranted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Barr Laboratories Inc)

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Specific Breaches. The breach of a specific representation, warranty, or agreement by Sellers or PurchaserPurchasers, as applicable, shall be determined independently of any other representation, warranty or agreement made by Sellers or PurchaserPurchasers, as applicable, whether or not, apart from such specific representation, warranty or agreement, the transactions provided for in this Agreement prove to be more favorable to Purchaser Purchasers or Sellers, as applicable, and whether or not the facts and circumstances covered by any one or more of the other representations, warranties or agreements made by Sellers or PurchaserPurchasers, as applicable, prove to be more favorable than so represented and warranted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Metris Companies Inc)

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