Common use of Update and Supplement to Disclosure Letters Clause in Contracts

Update and Supplement to Disclosure Letters. Allegiant and National City shall be permitted to update and supplement their respective Disclosure Letters so as to disclose exceptions to one or more representations or warranties contained in Article III hereof in the case of National City and Article IV hereof in the case of Allegiant which are a result of events which occur after the date hereof; provided, however, that, anything herein to the contrary notwithstanding, (i) no exceptions or other information set forth on any such updated or supplemented Disclosure Letter shall be deemed to cure any representation or warranty which was not true and correct as of the date of this Agreement, and (ii) the exceptions and other information set forth on any such updated or supplemented Disclosure Letter shall not be taken into consideration in determining, for purposes of this Agreement, whether the conditions set forth in Section 7.3 in the case of National City, and Section 7.2 hereof in the case of Allegiant shall have been satisfied, and (iii) this Section 8.13 shall not relieve any party of its obligations under any covenant set forth herein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (National City Corp)

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Update and Supplement to Disclosure Letters. Allegiant Company and National City shall be permitted to update and supplement their respective Disclosure Letters so as to disclose other information or exceptions to one or more representations or warranties contained in Article III hereof in the case of National City and Article IV hereof in the case of Allegiant Company which are a result of events which occur occur, or knowledge first obtained, after the date hereof; provided, however, that, anything herein to the contrary notwithstanding, (i) no exceptions or other information set forth on any such updated or supplemented Disclosure Letter shall be deemed to cure any representation or warranty which was not true and correct as of the date of this Agreementhereof, and (ii) the exceptions and other information set forth on any such updated or supplemented Disclosure Letter shall not be taken into consideration in determining, for purposes of this Agreement, whether the conditions set forth in Section 7.3 hereof in the case of National City, and Section 7.2 hereof in the case of Allegiant Company shall have been satisfied, and (iii) this Section 8.13 5.20 shall not relieve any party of its obligations under any covenant set forth herein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (National City Corp)

Update and Supplement to Disclosure Letters. Allegiant and ------------------------------------------- National City shall be permitted to update and supplement their respective Disclosure Letters so as to disclose exceptions to one or more representations or warranties contained in Article III hereof in the case of National City and Article IV hereof in the case of Allegiant which are a result of events which occur after the date hereof; provided, however, that, anything herein to the contrary notwithstanding, (i) no exceptions or other information set forth on any such updated or supplemented Disclosure Letter shall be deemed to cure any representation or warranty which was not true and correct as of the date of this Agreement, and (ii) the exceptions and other information set forth on any such updated or supplemented Disclosure Letter shall not be taken into consideration in determining, for purposes of this Agreement, whether the conditions set forth in Section 7.3 in the case of National City, and Section 7.2 hereof in the case of Allegiant shall have been satisfied, and (iii) this Section 8.13 shall not relieve any party of its obligations under any covenant set forth herein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Allegiant Bancorp Inc/Mo/)

Update and Supplement to Disclosure Letters. Allegiant Fidelity and National City shall be permitted to update and supplement their respective Disclosure Letters so as to disclose other information or exceptions to one or more representations or warranties contained in Article III IV hereof in the case of National City and Article IV V hereof in the case of Allegiant Fidelity which are a result of events which occur occur, or knowledge first obtained, after the date hereof; provided, however, that, anything herein to the contrary notwithstanding, (i) no exceptions or other information set forth on any such updated or supplemented Disclosure Letter shall be deemed to cure any representation or warranty which was not true and correct as of the date of this Agreementhereof, and (ii) the exceptions and other information set forth on any such updated or supplemented Disclosure Letter shall not be taken into consideration in determining, for purposes of this Agreement, whether the conditions set forth in Section 7.3 8.3 in the case of National City, and Section 7.2 8.2 hereof in the case of Allegiant Fidelity shall have been satisfied, and (iii) this Section 8.13 10.10 shall not relieve any party of its obligations under any covenant set forth herein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (National City Corp)

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Update and Supplement to Disclosure Letters. Allegiant Harbor and National City shall be permitted to update and supplement their respective Disclosure Letters so as to disclose other information or exceptions to one or more representations or warranties contained in Article III IV hereof in the case of National City and Article IV V hereof in the case of Allegiant Harbor which are a result of events which occur occur, or knowledge first obtained, after the date hereof; provided, however, that, anything herein to the contrary notwithstanding, (ia) no exceptions or other information set forth on any such updated or supplemented Disclosure Letter shall be deemed to cure any representation or warranty which was not true and correct as of the date of this Agreementhereof, and (iib) the exceptions and other information set forth on any such updated or supplemented Disclosure Letter shall not be taken into consideration in determining, for purposes of this Agreement, whether the conditions set forth in Section 7.3 8.2 in the case of National City, and Section 7.2 8.3 hereof in the case of Allegiant Harbor shall have been satisfied, and (iiic) this Section 8.13 10.10 shall not relieve any party Party of its obligations under any covenant set forth herein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Harbor Florida Bancshares Inc)

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