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. (a) Not less than three Business Days before the Closing Date, Seller will deliver an updated version of the Disclosure Schedule (the “Updated Disclosure Schedule”) to disclose any changes in its representations and warranties since the date of this Agreement.
Update of Disclosure Schedule. Prior to the Closing Date, Sellers shall supplement or amend all relevant Sections of the Disclosure Schedule 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 Section of the Disclosure Schedule or would have been required to be disclosed to Buyer under this Agreement. At the Closing Date, Sellers shall deliver to Buyer a complete Disclosure Schedule, marked to show all of the changes since the Effective Date (the "Updated Disclosure Schedule").
Update of Disclosure Schedule. Not less than three (3) Business Days prior to the contemplated Closing Date, Strata shall supplement or amend its Disclosure Schedule in writing to reflect any material matter which, if existing, occurring or known at the date of this Agreement, would have been required to be set forth or described in its Disclosure Schedule or that is necessary to correct any information in its Disclosure Schedule which has been rendered materially inaccurate thereby; provided, however, that Strata shall not be required to update its Disclosure Schedule to the extent such change is a result of any action taken at the request of Middlesex. In addition, at or prior to the MHC Effective Time, Strata shall provide Middlesex with a complete written copy of its Disclosure Schedule, marked to show any and all such supplements and amendments, and/or, if no such supplements or amendments were made to a particular Section of its Disclosure Schedule, Strata shall provide Middlesex with a certificate signed on behalf of them by a duly authorized officer to such effect. No supplement or amendment to Strata’s Disclosure Schedule shall have any effect for the purpose of determining satisfaction of the conditions set forth in Section 8.2(a) or Section 8.3(a) hereof or compliance by Strata with the covenants set forth in Article VII hereof.
Update of Disclosure Schedule. In the event the Company or any ----------------------------- Stockholder discovers any matter which would cause any of the representations and warranties made herein by the Company or any Stockholder to become inaccurate or untrue, or in the event any developments should occur between the date of this Agreement and the Closing Date which cause any representation or warranty made by the Company or any Stockholder herein to become inaccurate or untrue, then the Company and the Stockholders shall supplement the Disclosure Schedule to disclose such discovery or development, and shall notify Envirogen of the proposed change to the Disclosure Schedule in accordance with the notice provisions of Section 10.03 of this Agreement. If requested by Envirogen in writing within ten days of notice of the proposed change to the Disclosure Schedule, the Company and the Stockholders shall meet and discuss any such proposed change to the Disclosure Schedule with representatives of Envirogen. If the parties cannot resolve any differences regarding the proposed change to the Disclosure Schedule within a reasonable period of time (not to exceed 15 days), and the discovery or development described in the Company's and the Stockholders' notice would, or could reasonably be expected to, result in a Material Adverse Effect, individually or together with any other such discoveries and developments brought to the attention of Envirogen pursuant to this subsection (c) after the date of this Agreement, then Envirogen shall have the right, upon notice to the Company and the Stockholders, to terminate this Agreement pursuant to Section 9.01(b) hereof. If Envirogen does not make a request to meet with the Company and the Stockholders within ten days of Envirogen's receipt of their notice of a proposed change to the Disclosure Schedule, then the discovery or development described in such notice shall be deemed to be incorporated into and to become a part of the Disclosure Schedule as of the date hereof and this Agreement shall continue in full force and effect.
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. 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.
