The Sellers. In the case of each Seller as an Indemnifying Party (i) any breach of any representation or warranty made by such Seller in Section 4 of this Agreement; (ii) any breach of any representation or warranty made by the Company in Section 5 of this Agreement (other than Section 5.11) or any breach or violation of any covenant or agreement made by the Company in this Agreement (other than with respect to Taxes which are covered by Section 11.6 hereof) to be performed at or prior to Closing; or (iii) any breach or violation of any covenant or agreement made by such Seller in this Agreement.
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Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (School Specialty Inc)
The Sellers. In the case of each Seller as an Indemnifying Party (i) any breach of any representation or warranty made by or on behalf of such Seller in Section 4 of this Agreement; (ii) any breach of any representation or warranty made by the Company in Section 5 or on behalf of this Agreement (other than Section 5.11) or any breach or violation of any covenant or agreement made by the Company in this Agreement (other than with respect to Taxes which are covered by Section 11.6 hereof) to be performed at or prior to ClosingAgreement; or (iii) any breach or violation of any covenant or agreement made by or on behalf of such Seller in this Agreement.
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The Sellers. In the case of each Seller as an Indemnifying ----------- Party (i) any breach of any representation or warranty made by such Seller in Section 4 of this Agreement; (ii) any breach of any representation or warranty made by the Company in Section 5 of this Agreement (other than Section 5.11) or any breach occurring on or violation before the Closing of any covenant or agreement made by the Company contained in this Agreement (other than with respect to Taxes which are covered by Section 11.6 hereof) is to be performed at or prior to Closingby the Company; or (iii) any breach or violation of any covenant or agreement made contained in this Agreement which is to be performed by such Seller in this AgreementSeller.
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