Timing of Representations and Warranties. The representations and warranties in Sections 6.1 - 6.4 shall be deemed to be given upon the execution of this Agreement and shall be repeated upon the Closing Date.
Timing of Representations and Warranties. Each representation and warranty made or given under clause 7.1 and clause 7.3 is given:
(a) at the date of the agreement and at 8.00am on the Second Court Date; or
(b) where expressed, at the time at which the representation or warranty is expressed to be given.
Timing of Representations and Warranties. The representations, warranties and agreements of the Buyer set forth in this Agreement and the Purchase Documents are made as of the Signing Date and shall be true, correct, complete and accurate on and as of the Closing Date (except to the extent such representations or warranties are expressly made as of another date, in which case as of such other date as if made on such other date).
Timing of Representations and Warranties. The representations and warranties in Sections 6.1 through 6.6 shall be deemed to be given upon the signature of this Agreement as well as at the Closing.
Timing of Representations and Warranties. The representations and warranties set forth in this Article IV shall be deemed to be given upon the execution of this Agreement as well as at the Closing.
Timing of Representations and Warranties. (a) Subject to clause 10.5(d), each Representation and Warranty (other than the Representations and Warranties referred to in clause 10.5(b)) is given at the date of this deed, the date of Equity Closing and at 8:00am on the Second Court Date (except where any statement is expressed to be made only at a particular date).
(b) Subject to clause 10.5(d), each Aurora Representation and Warranty in clauses 10.2(b)-(h), (k), (m), (o), (q)-(z) and (cc)-(jj) (inclusive) is given at the date of this deed and the date of Equity Closing (except where any statement is expressed to be made only at a particular date).
(c) For the purposes of clauses 10.5(a) and 10.5(b), a Representation and Warranty shall be read with any necessary adjustments to the tense used in the Representation and Warranty.
(d) The Representations and Warranties will not be given on the date of the Equity Closing if the relevant date does not occur prior to 31 March 2014.
Timing of Representations and Warranties. The representations and warranties contained in this Article III are given as of the date of this Agreement.
Timing of Representations and Warranties. Unless expressed to be given at a particular time (in which case it is given at that time), each Bidder Representation and Warranty and each Gloucester Representation and Warranty is given:
(a) at the date of this deed; and
(b) at all times up until 8am on the Second Court Date. 14103272 Merger Proposal Deed page 51 ME_97945566_1 (W2003x)
(a) is severable; and
(b) survives the termination of this deed (but does not survive, and will be taken to have no further force or effect following implementation of the Scheme).
Timing of Representations and Warranties. Each representation and warranty made or given under clauses 9.1, 9.3 or 9.4 is given at the date of this deed and repeated continuously thereafter until Implementation unless that representation or warranty is expressed to be given at a particular time, in which case it is given at that time.
Timing of Representations and Warranties. Notwithstanding anything to the contrary in this Section 4, the representations and warranties made by each Grantor pursuant to this Section 4 shall be deemed to be made on the date such Grantor becomes a party to this Agreement; provided that, during the Clean-up Period, each Grantor shall be entitled to amend or supplement any schedule to this Agreement in order to make the representations and warranties contained herein true and correct in all material respects. If a matter or circumstance exists which would constitute a breach of the representations and warranties or a breach of the covenants contained in this Agreement or any other Loan Document or a potential or actual Default, such matter or circumstance will not constitute a Default if such matter or circumstance arises solely from the failure of any Grantor to provide any information, or the inaccuracy of any information contained in any schedule to this Agreement, in each case prior to the end of the Clean-up Period.
