Survival of Representations and Warranties of Purchaser. The representations and warranties of Purchaser in this Agreement and the Purchaser Related Documents shall survive the Closing until the expiration of 24 months after the Closing.
Survival of Representations and Warranties of Purchaser. All representations, warranties, agreements, covenants and obligations made or undertaken by Purchaser in this Agreement or in any document or instrument executed and delivered pursuant hereto are material, have been relied upon by Seller and Shareholder and shall survive the Closing hereunder for a period of twelve (12) months and shall not merge in the performance of any obligation by any party hereto. Purchaser agrees to and shall indemnify and hold harmless Seller and Shareholder at all times after the date of this Agreement from and against and in respect of, any liability, claim, deficiency, loss, damage or injury and all reasonable costs and expenses (including reasonable counsel fees and costs of any suit related thereto) suffered or incurred by Seller or Shareholder arising from (i) any misrepresentation, or breach of any covenant or warranty of Purchaser contained in this Agreement or any certificate or other instrument furnished or to be furnished by Purchaser hereunder, or any claim by a third party (regardless of whether the claimant is ultimately successful) which if true would be such a misrepresentation or breach, or (ii) any nonfulfillment of any agreement on the part of Purchaser under this Agreement or from any misrepresentation in or omission from, any certificate or other instrument furnished or to be furnished to Seller or Shareholder hereunder.
Survival of Representations and Warranties of Purchaser. No investigation made by or on behalf of the BHP Billiton Parties at any time, including for greater certainty the BHP Billiton Parties' review of Purchaser's financing commitment documents, shall have the effect of waiving, diminishing the scope of or otherwise affecting any representation or warranty made by the Purchaser in this Agreement. For greater certainty, the BHP Billiton Parties shall be entitled to rely on the representation and warranty contained in Section 6.6 notwithstanding that the BHP Billiton Parties have reviewed and commented on Purchaser's financing commitment documents. The representations and warranties of Purchaser contained in this Agreement or in any document, certificate or undertaking given pursuant hereto shall survive the closing of the Transaction for a period of eighteen (18) months following the Closing Date and, notwithstanding such closing nor any investigation made by or on behalf of the BHP Billiton Parties, shall continue in full force and effect for the benefit of each BHP Billiton Party during such period.
Survival of Representations and Warranties of Purchaser. The representations and warranties of the Purchaser contained in this Agreement shall survive the Closing and the purchase of the Shares and, notwithstanding the Closing and the purchase of the Shares and the representations and warranties of the Purchaser shall continue in full force and effect for the benefit of the Vendors for a period of eighteen (18) months from the Closing Date.
Survival of Representations and Warranties of Purchaser. The representations and warranties of Purchaser contained in this Agreement shall not survive the consummation of the Arrangement and shall expire and be terminated on the earlier of the Effective Time and the date on which this Agreement is terminated in accordance with its terms.
Survival of Representations and Warranties of Purchaser. The representations and warranties of Purchaser contained in this Agreement shall survive the completion of the transactions contemplated by this Agreement and, notwithstanding such completion or any investigation made by or on behalf of Vendor, shall continue in full force and effect for the benefit of Vendor.
Survival of Representations and Warranties of Purchaser. All representations, warranties, agreements, covenants and obligations made or undertaken by Purchaser in this Agreement or in any document or instrument executed and delivered pursuant hereto are material, have been relied upon by the Seller and Keebler, shall survive the Closing hereunder and shall not merge in the performance of any obligation by any party hereto.
Survival of Representations and Warranties of Purchaser. All representations, warranties, agreements, covenants and obligations made or undertaken by Purchaser in this Agreement or in any document or instrument executed and delivered pursuant hereto are material, have been relied upon by Xxxxxx Mortgage and the Shareholders, shall survive the Closing hereunder and shall not merge in the performance of any obligation by any party hereto. Purchaser agrees to indemnify and hold Xxxxxx Mortgage and the Shareholders harmless from and against all liability, loss, damage or injury and all reasonable costs and expenses (including reasonable counsel fees and costs of any suit related thereto) suffered or incurred by Xxxxxx Mortgage or the Shareholders arising from any misrepresentation by, or breach of any covenant or warranty of, Purchaser contained in this Agreement or any certificate or instrument furnished or to be furnished by Purchaser hereunder, or any claim by a third party (regardless of whether the claimant is ultimately successful) which if true would be such a misrepresentation or breach.
Survival of Representations and Warranties of Purchaser. The representations and warranties of Purchaser contained in Article 6 of this Agreement or any document or certificate given pursuant to this Agreement shall survive the completion of the Transaction for the benefit of the Vendors’ Representative, on behalf of the JDS Silver Shareholders, as follows:
Survival of Representations and Warranties of Purchaser. The ------------------------------------------------------- representations and warranties of Purchaser contained in this Agreement or in any certificate or other document delivered or given pursuant to this Agreement are given and are effective as of the date hereof notwithstanding that the Closing Date occurs after such date and shall survive the completion of the transactions contemplated by this Agreement, and notwithstanding such completion or any investigation made by or on behalf of Vendors or any knowledge by Vendors of any incorrectness in, or breach of, such representations or warranties, shall continue in full force and effect for the benefit of Vendors for a period ending one (1) year after the date the Second Payment is actually made or, if no Second EBIT Payment is required to be made or the Second EBIT Payment is not being made because of an unresolved dispute among the Parties, then one (1) year after the date the Second EBIT Payment last could have been made had it been payable or had there been no dispute among the Parties; except for any representation and warranty in respect of which a claim based on fraud is made which shall be unlimited as to duration.
