Update Information. Each party hereto will promptly disclose to the other any information contained in its representations and warranties that because of an event occurring after the date hereof is incomplete or no longer correct; provided, however, that none of such disclosures will be deemed to modify, amend, or supplement the representations and warranties of such party, unless the other party consents to such modification, amendment, or supplement in writing.
Update Information. At any time prior to the Closing, Sellers may supplement in writing any information furnished on the Disclosure Schedules to reflect post-signing developments and matters (which if not included on a Disclosure Schedule would constitute a breach of this Agreement by Sellers) by furnishing such supplemented information to Buyer pursuant to the notice provisions hereof. If (i) Sellers so furnish supplemental information, (ii) the absence of such information would have resulted in a breach of any representation or warranty under this Agreement and (iii) the Closing occurs, then such information shall be deemed to amend this Agreement and the Disclosure Schedules for all purposes hereunder, provided if such supplemental disclosure would result in Losses to the Companies in excess of $5,000,000 in the aggregate then Buyer may elect, by written notice to Sellers, to terminate this Agreement.
Update Information. If there should be any change in the information provided by the Investor to the Company (whether pursuant to this Agreement or otherwise) prior to the Investor’s purchase of the Shares, the Investor will immediately furnish such revised or corrected information to the Company.
Update Information. All information, including without limitation additional and/or replacement Source Code and Documentation, necessary to bring the Information in escrow prior to an Update Event into compliance with the definition of Information contained in Section 2(d) after the occurrence of such Update Event. The term "Information" shall be deemed to include any such Update Information for the purposes of this Agreement.
Update Information. Each party hereto will promptly disclose to the other any information contained in its representations and warranties that because of an event occurring after the date hereof is incomplete or no longer correct; provided, however, that except as contemplated by Sections 6.4, 6.13 and 7.1(l) hereof relative to Section 3.1 of the Cardinal Disclosure Schedules, none of such disclosures will be deemed to modify, amend, or supplement the representations and warranties of such party, unless the other party consents to such modification, amendment, or supplement in writing. Each party shall promptly advise the other party orally and in writing of any change or event having or which insofar as reasonably can be foreseen would have, a Material Adverse Effect on the party providing such notification.
Update Information. Not earlier than ten (10) and not less than five (5) days before the date scheduled for Closing, PCI shall correct and supplement in writing any information furnished on Schedules that, to the knowledge of PCI, is incorrect or incomplete (or otherwise expressly contemplated by Article II of this Agreement), and shall promptly furnish such corrected and supplemented information to Nextel, so that such information shall be correct and complete at the time such updated information is so provided. Thereafter, to the Closing, PCI shall notify Nextel in writing of any changes or supplements to the updated information needed, to the knowledge of PCI, to make such information correct and complete at all times to the Closing. It is agreed that the furnishing of such corrected and supplemental information, in and of itself, shall not create any presumption that such information constitutes or evidences the existence of a material change or any breach or violation by PCI of any provision of this Agreement.
Update Information. At any time up to 10 days before the Closing, SE Transmission and MLP GP shall supplement in writing any information furnished on the Disclosure Schedule to reflect post-signing developments and matters that have come to the Knowledge of SE Transmission and MLP GP (which if not included on a Schedule would constitute a breach of this Agreement by SE Transmission or MLP GP, as applicable) by furnishing such supplemented information to Spectra MLP pursuant to the notice provisions hereof. If (a) SE Transmission or MLP GP so furnishes supplemental information, (b) the absence of such information would have resulted in a breach of any representation or warranty under this Agreement and (c) the Closing occurs, then such information shall be deemed to amend this Agreement and the Disclosure Schedule for all purposes hereunder; provided, however, that if such supplemental disclosure would or would reasonably be expected to result in Losses to the Saltville Companies in excess of $2,500,000 in the aggregate, then Spectra MLP may elect, by written notice delivered to SE Transmission and MLP GP to terminate this Agreement no later than two Business Days before Closing.
Update Information. Not earlier than ten (10) and not less than five (5) calendar days before the date scheduled for Closing, Seller and Purchaser shall correct and supplement in writing any information furnished on Schedules that, to the knowledge of Seller or Purchaser, respectively, is incorrect or incomplete, and shall promptly furnish such corrected and supplemented information to the other, so that such information shall be correct and complete to the knowledge of such party at the time such updated information is so provided. Thereafter, prior to the Closing, Seller and Purchaser shall each notify the other in writing of any changes or supplements to the updated information needed, to the knowledge of Seller or Purchaser, respectively, to make such information correct and complete to the knowledge of such party as of the Closing. It is agreed that the furnishing of such corrected and supplemental information, in and of itself, shall not create any presumption that such information constitutes or evidences the existence of a material change or any breach or violation by Seller or Purchaser of any provision of this Agreement, it being understood that any determination as to whether such a breach or violation exists shall be made on the basis of any and all relevant information, which may include information as is so furnished under this Section 6.2.
Update Information. At any time up to 10 days before the Closing, MLP GP shall supplement in writing any information furnished on the Disclosure Schedule to reflect post-signing developments and matters that have come to the Knowledge of MLP GP (which if not included on a Schedule would constitute a breach of this Agreement by MLP GP) by furnishing such supplemented information to Spectra MLP pursuant to the notice provisions hereof. If (a) MLP GP so furnishes supplemental information, (b) the absence of such information would have resulted in a breach of any representation or warranty under this Agreement and (c) the Closing occurs, then such information shall be deemed to amend this Agreement and the Disclosure Schedule for all purposes hereunder; provided, however, that if such supplemental disclosure relates to matters that would or would reasonably be expected to result in Losses to Spectra MLP in excess of $10,000,000 in the aggregate, then such information shall not be deemed to amend this Agreement and the Disclosure Schedule for purposes of indemnification hereunder.
Update Information. Not earlier than ten (10) and not less than three (3) days before the date scheduled for Closing, the Sellers shall correct and supplement in writing any information furnished on the Schedules that, to the knowledge of the Sellers, is incorrect or incomplete, and shall promptly furnish such corrected and supplemented information to the other, so that such information shall be correct and complete to the knowledge of such party at the time such updated information is so provided. Thereafter, prior to the Closing, the Sellers shall notify Purchaser in writing of any changes or supplements to the updated information needed, to the knowledge of Sellers, to make such information correct and complete to the knowledge of such party as of the Closing. It is agreed that the furnishing of such corrected and supplemental information, in and of itself, shall not create any presumption that such information constitutes or evidences the existence of a material change or any breach or violation by Seller of any provision of this Agreement. For purposes of determining the fulfillment of the conditions precedent set forth in Article 6, no such amendment or supplement shall be given effect; for all other purposes, including, without limitation, Article 8, each such amendment or supplement shall be given full effect.
