Update Disclosure. From and after the date hereof until the Acquisition Merger Effective Time, the Company shall promptly, but not less frequently than monthly, update Schedule I hereto by notice to Commercial to reflect any matters which have occurred from and after the date hereof which, if existing on the date hereof, would have been required to be described therein and which, in the case of all such updates other than the last such update prior to the Acquisition Merger Effective Time, reflect a material change from the information provided in Schedule I as of the date hereof; provided, however, that no such update shall affect the conditions to the obligation of Company and Savings to consummate the transactions contemplated hereby, and any and all changes reflected in any such update shall be considered in determining whether such conditions have been satisfied.
Update Disclosure. From and after the date hereof until the ----------------- Acquisition Merger Effective Time, the parties hereto shall promptly update Schedules I and II hereto by notice to the other party to reflect any matters which have occurred from and after the date hereof which, if existing on the date hereof, would have been required to be described therein and which, in the case of all such updates other than the last such update prior to the Acquisition Merger Effective Time, reflect a material change from the information provided in Schedule I or Schedule II, as applicable, as of the date hereof; provided, however, that no such update shall affect the conditions to the obligation of either party to consummate the transactions contemplated hereby, and any and all changes reflected in any such update shall be considered in determining whether such conditions have been satisfied.
Update Disclosure. 34 4.16 Company's Employee Plans and Benefit Arrangements . 34 4.17 Amendment of Savings' Federal Stock Charter . . . . 35 4.18
Update Disclosure. 34 4.16 Company's Employee Plans and Benefit Arrangements..............34 4.17 Amendment of Savings' Federal Stock Charter....................36 4.18 Commercial Goodwill Claim......................................36 4.19
Update Disclosure. From and after the date of this Agreement until ----------------- the Closing Date, each party shall promptly notify the other party hereto by written update to its disclosure schedules ("Update Schedule") of (i) the occurrence or non-occurrence of any event the occurrence or non-occurrence of which would be reasonably likely to cause any condition to the obligations of any party to effect the Asset Sale and the other transactions contemplated by this Agreement not to be satisfied, (ii) the failure of Seller or Purchaser, as the case may be, to comply with or satisfy any covenant, condition or agreement to be complied with or satisfied by it pursuant to this Agreement which would be reasonably likely to result in any condition to the obligations of any party to effect the Asset Sale and the other transactions contemplated by this Agreement not to be satisfied, or (iii) of any changes to the information contained in its disclosure schedules (including any change to any representations or warranties herein as to which no schedule has been created as of the date hereof but as to which a schedule would have been required hereunder to have been created on or before the date hereof if such change had existed on the date hereof). No disclosure by any party pursuant to this Section 7.04, however, shall cure any breach of any representation or warranty made by such party as of the date of this Agreement.
Update Disclosure. 26 ARTICLE VII
Update Disclosure. 34 ----------------- SECTION 5.4 Breaches............................................................................................34 -------- SECTION 5.5
Update Disclosure. (a) From and after the date of this Agreement until the Effective Time, Company shall update the Company Disclosure Statement on a regular basis by written notice to the Seller to reflect any matters which have occurred from and after the date of this Agreement which, if existing on the date of this Agreement, would have been required to be described therein; provided, that (i) to the extent that any information that would be required to be included in an update under this Section 5.3 would have in the past been contained in internal reports prepared by the Company or any Company Subsidiary in the ordinary course, such update may occur by delivery of such internal reports prepared in accordance with past practice, with appropriate steps taken by the Company to identify relevant information contained therein, and (ii) to the extent that updating required under this Section 5.3 is unduly burdensome to the Company, the Company and the Seller will use their reasonable efforts to develop alternate updating procedures using, wherever possible, existing reporting systems.
Update Disclosure. From and after the date of this Agreement until the Effective Time, each party hereto shall promptly notify the other parties hereto in writing, of (a) any representation or warranty made by it in connection with this Agreement becoming untrue or inaccurate in any material respect, (b) the occurrence, or non-occurrence, of any event the occurrence, or non-occurrence, of which would be likely to cause any condition to the obligations of any party to effect the Merger and the other transactions contemplated by this Merger Agreement not to be satisfied, or (c) the failure of the Company or Parent or Merger Sub, as the case may be, to comply with or satisfy any covenant, condition or agreement to be complied with or satisfied by it pursuant to this Agreement which would be likely to result in any condition to the obligations of any party to effect the Merger and the other transactions contemplated by this Agreement not to be satisfied; provided, however, that the delivery of any notice pursuant to this Section 5.22 shall not cure any breach of any representation or warranty requiring disclosure of such matter prior to the date of this Agreement or otherwise limit or affect the rights and remedies available hereunder to the party receiving such notice. The Company shall attach to the closing certificate contemplated by Section 6.3(a) below an updated version of the Company Schedules as of the Closing Date solely to reflect events occurring between the date of this Agreement and the Closing Date, or shall notify Parent that no changes to the Company Schedules are required. Parent shall attach to the closing certificate contemplated by Section 6.2(a) below an updated version of the Parent Schedules as of the Closing Date solely to reflect events occurring between the date of this Agreement and the Closing Date, or shall notify the Company that no changes to the Parent Schedules are required.
Update Disclosure. From and after the date hereof until the Closing Date, Seller and in all material respects, except that any such representation and warranties qualified as to materiality shall be true and correct, Buyers shall update each other on a regular basis by written notice to the other party to reflect any matters that have occurred from and after the date hereof, that if existing on the date hereof, would have been required to be described under this Agreement.
