Common use of Supplement to Schedules Clause in Contracts

Supplement to Schedules. Seller shall, from time to time prior to the Closing by written notice to Buyer, supplement or amend the Schedules to this Agreement to correct any matter that would constitute a breach of any representation or warranty of Seller in Section 4.1 of this Agreement. For purposes of determining whether Buyer's condition set forth in Section 8.2(a) has been fulfilled, the Schedules shall be deemed to include only that information contained therein on the date of this Agreement and shall be deemed to exclude all information contained in any supplement or amendment thereto, but if Closing shall occur, then any matters disclosed to Buyer pursuant to any supplement or amendment at or prior to the Closing shall be deemed to be waived by Buyer and Buyer shall not be entitled to make a claim thereon under this Agreement.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Allegheny Energy Inc), Purchase and Sale Agreement (Allegheny Energy Supply Co LLC), Purchase and Sale Agreement (Allegheny Energy Inc)

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Supplement to Schedules. Seller shall, from time to time prior to the Closing by written notice to Buyer, supplement or amend the Schedules to this Agreement to correct any matter that would constitute a breach of any representation or warranty of Seller in Section 4.1 of this Agreement. For purposes of determining whether Buyer's ’s condition set forth in Section 8.2(a) has been fulfilled, the Schedules shall be deemed to include only that information contained therein on the date of this Agreement and shall be deemed to exclude all information contained in any supplement or amendment thereto, but if Closing shall occur, then any matters disclosed to Buyer pursuant to under any supplement or amendment at or prior to the Closing shall be deemed to be waived part of the applicable Schedule and accepted by Buyer and Buyer shall not be entitled to make a claim thereon under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Anr Pipeline Co)

Supplement to Schedules. |HiddenPara| . Seller shall, from time to time at or prior to the Closing by written notice to Buyer, supplement or amend the Schedules to this Agreement to correct any matter that would constitute a breach of any representation or warranty of Seller in Section 4.1 of this Agreement. For purposes of determining whether Buyer's condition set forth in Section 8.2(a) has been fulfilled, the Schedules shall be deemed to include only that information contained therein on the date of this Agreement Effective Date and shall be deemed to exclude all information contained in any supplement or amendment thereto, but if Closing shall occur, then any claim with respect to matters disclosed to Buyer pursuant to any Schedule (or supplement or amendment thereto) at or prior to the Closing shall be deemed to be waived by Buyer and Buyer shall not be entitled to make a any claim thereon under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Supplement to Schedules. Seller shallmay, from time to time prior to the Closing by written notice to Buyer, supplement or amend the Schedules any Schedule to this Agreement to correct any matter that would constitute a breach of any representation or warranty of Seller in Section 4.1 of this Agreement. For purposes of determining whether the condition to Buyer's condition ’s obligation to proceed with the Closing set forth in Section 8.2(a) has been fulfilled, the Schedules shall be deemed to include only that information contained therein on the date of this Agreement and shall be deemed to exclude all information contained in any supplement or amendment thereto, but if the Closing shall occur, then any all matters disclosed to Buyer pursuant to any such supplement or amendment at or prior to the Closing shall be deemed to be waived by Buyer and the Buyer shall not be entitled to make a any claim thereon under pursuant to this AgreementAgreement or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement

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