Update of Disclosure Schedule Sample Clauses
Update of Disclosure Schedule. During the Investment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i). For purposes of this Section 5.14, any disclosure made in a schedule to the Compliance Certificate shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s remedies with respect thereto.
Update of Disclosure Schedule. WinWin shall have delivered to PBT an updated WinWin Disclosure Schedule, dated as of the date of such Closing.
Update of Disclosure Schedule. At each Closing at which PBT Shares are issued to WinWin, PBT shall have delivered to WinWin an updated PBT Disclosure Schedule, dated as of the date of such Closing.
Update of Disclosure Schedule. The Company shall promptly disclose to Parent and update the Disclosure Schedule to indicate any developments which make inaccurate any of the representations and warranties of the Company contained herein.
Update of Disclosure Schedule. Prior to the Closing Date, Seller shall supplement or amend all relevant Schedules and/or notify Buyer with respect to any matter thereafter arising or discovered which, if existing or known on the Effective Date of this Agreement, would have been required to be set forth or described in such Schedule(s) or would have been required to be disclosed to Buyer under this Agreement. At the Closing Date, Seller shall deliver to Buyer a complete Disclosure Schedule, marked to show all of the changes since the Effective Date (the “Updated Schedules”).
Update of Disclosure Schedule. The Sellers may, no later than five (5) Business Days prior to the Closing Date, by notice given in accordance with this Agreement, supplement or amend the Disclosure Schedule with respect to any change, event, development, circumstance or effect arising after the date of this Agreement that would otherwise constitute a breach of any representation, warranty, covenant or agreement contained herein. If, pursuant to and in accordance with Section 10.01(c), such a supplement or amendment of any section of the Disclosure Schedule materially and adversely affects the benefits to be obtained by the Purchaser upon consummation of the transactions contemplated by this Agreement or, absent such supplement or amendment, would result in a failure of the satisfaction of the conditions set forth in Section 8.02(a), the Purchaser’s sole right and remedy (including for purposes of indemnification or otherwise) with respect thereto shall be to terminate this Agreement pursuant to Section 10.01(c); but the Purchaser must exercise its termination right under this Section 5.08 within ten (10) days of receipt of the Sellers’ notice, otherwise such termination right shall be deemed waived. The Sellers shall promptly provide any information reasonably requested by the Purchaser relating to any such supplement or amendment.
Update of Disclosure Schedule. Prior to the Closing Date, Seller may, at its option, update the Disclosure Schedule with additional disclosures that have arisen since the Execution Date. If Seller chooses to exercise such option, Seller shall provide such additional disclosures to Purchaser by written notice no later than three (3) Business Days prior to Closing. The additional disclosures delivered by Seller shall be deemed to be part of the Disclosure Schedule as delivered to Purchaser on the date of this Agreement for all purposes of this Agreement.
Update of Disclosure Schedule. Warnaco may from time to time prior to or on the Closing Date by notice in accordance with this Agreement supplement or amend the Disclosure Schedule, including one or more supplements or amendments; provided however that no supplement to or amendment of the Disclosure Schedule made after the execution hereof by Purchaser shall affect any right of any Purchaser Indemnified Person to indemnification pursuant to ARTICLE 10 provided further that any such supplement or amendment shall be taken into consideration for purposes of Section 7.3(a) except if, absent such supplement or amendment, the failure of the representation to be true and correct would have a material adverse effect on the business, financial condition or operations of the Business taken as a whole.
Update of Disclosure Schedule. The Company shall have the right from time to time prior to the Closing to supplement or amend the Disclosure Schedule with respect to any matter hereafter arising or discovered which if existing or known at the date of this Agreement would have been required to be set forth or described in such Disclosure Schedule and also with respect to events or conditions arising after the date hereof and prior to Closing. Any such supplemental or amended disclosure shall be deemed to have cured any breach of any representation or warranty made in this Agreement for purposes of the indemnification provided for in Article VII hereof, but shall not be deemed to have cured any such breach of representation or warranty for purposes of determining whether or not the conditions set forth in Article VI have been satisfied. If prior to the Closing the Parent shall have reason to believe that any breach of a representation or warranty of the Company has occurred (other than through notice from the Company), the Parent shall promptly so notify the Company, in reasonable detail. Nothing in this Agreement, including this Section 5.10, shall imply that the Company is making any representation or warranty as of any date other than the date of this Agreement and the Closing Date.
Update of Disclosure Schedule. Company and Skae shall update the Disclosure Schedule to this Agreement as of the Closing Date to reflect any events occurring or matters discovered between the date hereof and the Closing Date, and any such updates shall not modify the representations and warranties of Company and Skae to which such updates relate except to the extent set forth in Section 5.5.