Common use of Supplement to Disclosure Schedules Clause in Contracts

Supplement to Disclosure Schedules. From time to time prior to the Closing, Seller shall have the right (but not the obligation) to supplement or amend the Disclosure Schedules hereto with respect to any matter hereafter arising after the Effective Date or of which Seller first becomes aware after the Effective Date (each a “Schedule Supplement”). Anything disclosed in a Schedule Supplement shall not be deemed to have cured any inaccuracy in or breach of any representation or warranty contained in this Agreement, including for purposes of the indemnification or termination rights contained in this Agreement or of determining whether or not the conditions set forth in Section 7.02(b) have been satisfied; provided, however, that if Buyer does not terminate this Agreement and nevertheless closes the transactions contemplated by this Agreement in accordance with Section 9.01 after receipt of a Schedule Supplement, the Disclosure Schedules shall be deemed to have been amended as set forth in such Schedule Supplement and Buyer shall be deemed to have irrevocably waived any right to indemnification under Section 10.02 based upon any breach or inaccuracy in a representation or warranty that is cured by such Schedule Supplement.

Supplement to Disclosure Schedules. From time to time prior Prior to the Closing, Seller shall have the right (but not the obligation) to supplement or amend the Disclosure Schedules hereto with respect to any matter hereafter arising after the Effective Date or of which Seller first it becomes aware after the Effective Date date hereof promptly after it obtains awareness thereof (each a “Schedule Supplement”). Anything disclosed Any disclosure in a any such Schedule Supplement shall not be deemed to have cured any inaccuracy in or breach of any representation or warranty contained in this Agreement, including Agreement for purposes of the indemnification or termination rights contained in this Agreement or of determining whether or not the conditions set forth in Section 7.02(b) 6.02 have been satisfied; provided, however, that if the disclosure made in such Schedule Supplement gives Buyer does not the right to terminate this Agreement pursuant to Section 9.01(b) and Seller irrevocably states in such Schedule Supplement that the supplement or amendment contained therein gives Buyer the unilateral right to terminate this Agreement and nevertheless closes the transactions contemplated by Buyer does not elect to terminate this Agreement in accordance with Section 9.01 after within ten Business Days of its receipt of a such Schedule Supplement, the Disclosure Schedules shall be deemed to have been amended as set forth in such Schedule Supplement and then Buyer shall be deemed to have irrevocably waived any right to terminate this Agreement with respect to such matter and, further, shall have irrevocably waived its right to indemnification under Section 10.02 based upon any breach or inaccuracy in a representation or warranty that is cured by 7.02 with respect to such Schedule Supplementmatter.

Supplement to Disclosure Schedules. From time to time prior to the Closing, Seller shall have the right (but not the obligation) to supplement or amend the Disclosure Schedules hereto with respect to any matter hereafter first arising after the Effective Date date hereof, which, if existing or occurring at the date of which Seller first becomes aware after this Agreement, would have been required to be set forth or described in the Effective Date Disclosure Schedules (each a “Schedule Supplement”). Anything disclosed Any disclosure in a any such Schedule Supplement shall not be deemed to have cured any inaccuracy in or breach of any representation or warranty contained in this Agreement, including for purposes of the indemnification or termination rights contained in this Agreement or of determining whether or not the conditions set forth in Section 7.02(b) 8.2 have been satisfied; provided, however, that if Buyer has the right as a result of any Schedule Supplement, or all Schedule Supplements in the aggregate, to, but does not elect to, terminate this Agreement and nevertheless closes the transactions contemplated by this Agreement in accordance with Section 9.01 after receipt of a Schedule SupplementClosing occurs, the Disclosure Schedules shall be deemed to have been amended as set forth in such Schedule Supplement and then Buyer shall be deemed to have irrevocably waived any its right to indemnification under Section 10.02 based upon any breach or inaccuracy 9.1 with respect to the matters disclosed in a representation or warranty that is cured by such Schedule SupplementSupplements.

Supplement to Disclosure Schedules. From time to time prior to the Closing, Seller Rentech and the Sellers shall have the right (but not the obligation) to supplement or amend the Disclosure Schedules hereto with respect to any matter hereafter arising after the Effective Date or of which Seller first becomes it becomes, or has become aware after the Effective Date date of any Disclosure Schedule (each each, a “Schedule Supplement”). Anything disclosed Any disclosure in a any such Schedule Supplement shall not be deemed to have cured any inaccuracy in or breach of any representation or warranty contained in this Agreement, including for purposes of the indemnification or termination rights contained in this Agreement or of determining whether or not the conditions set forth in Section 7.02(b7.2(a) have been satisfied; provided, however, that Buyer shall have the right to terminate this Agreement if the Schedule Supplement would result in a Material Adverse Effect, but if Buyer does not elect to terminate this Agreement and nevertheless closes the transactions contemplated by this Agreement in accordance with Section 9.01 after within five (5) Business Days of its receipt of a such Schedule Supplement, the Disclosure Schedules shall be deemed to have been amended as set forth in such Schedule Supplement and then Buyer shall be deemed to have irrevocably waived any right to terminate this Agreement with respect to such matter and, further, shall have irrevocably waived its right to indemnification under Section 10.02 based upon any breach or inaccuracy in a representation or warranty that is cured by Article VIII with respect to such Schedule Supplementmatter.