Updating of Schedules. Borrowers hereby reaffirm the warranties and representations made in Article 5 of the Loan Agreement as true and correct given as of the date hereof, subject to (i) matters therein that were expressly disclosed as of a particular date other than the Closing Date, and (ii) the matters disclosed in the updated complete set of Schedules to the Loan Agreement attached hereto as Exhibit A.
Updating of Schedules. From time to time prior to the Closing Date, Newco, Purchaser, REG and the Company shall promptly amend or supplement the Disclosure Schedules to reflect any events or circumstances that occur or arise between the date hereof and the Closing Date and that, if existing or occurring on the date of this Agreement, would have been required to be disclosed on such Schedule in order to make the representations and warranties of the respective party true and correct; provided, however, that no such amendment or supplement made by a party shall have any effect for the purpose of determining the satisfaction of the conditions to the obligations of the other party hereunder or excuse the breach of a covenant by a party hereunder.
Updating of Schedules. There has been no material adverse change in any of the matters reflected in any Schedule made a part of this Agreement from the respective dates thereof to and including the date of this Agreement, nor will there be any material adverse change in such matters from the date hereof to and including the Closing Date. All Schedules attached hereto are true, accurate and complete in all material respects and will be updated by the Company to include information as of such date as may be requested by Nanotailor and delivered to Nanotailor prior to Closing Date with any and all changes marked so that all such Schedules are true, accurate and complete in all respects.
Updating of Schedules. From time to time prior to the Closing, Seller --------------------- will supplement or amend the Schedules delivered in connection herewith with respect to any matter which exists or occurs after the date of this Agreement and which, if existing or occurring at or prior to the date of this Agreement, would have been required to be set forth or described in such Schedules or which is necessary to correct any information in such Schedules which has been rendered inaccurate thereby. The provisions of this Section are informational only and Buyer shall not be bound to the terms of any changed Schedules unless they are incorporated into this Agreement by a written amendment signed by Buyer.
Updating of Schedules. 28 3.23 Ownership of MCSC Common Stock. . . . . . . . . . . . . . 28 3.24 Transactions with Affiliates. . . . . . . . . . . . . . . 28 3.25
Updating of Schedules. MW and the Stockholders shall notify MCSC of any changes, additions or events which may cause any change in or addition to any Schedules delivered by them under this Agreement, promptly after the occurrence of same and no later than the Closing Date by delivery of updates of all Schedules, including future quarterly and annual Financial Statements. No notification made pursuant to this Section 3.22 shall be deemed to cure any breach of any representation or warranty made in this Agreement or any Schedule unless MCSC shall specifically agree thereto in writing, nor shall any such notification be considered to constitute or give rise to a waiver by MCSC of any condition set forth in this Agreement unless specifically waived in writing by MCSC.
Updating of Schedules. Between the date of this agreement and the Closing Date, Seller shall deliver to Purchaser updated schedules to reflect any material changes in the schedules delivered to Purchaser pursuant to section 3.4 of this agreement. On the Closing Date, Seller shall deliver to Purchaser an officer's certificate confirming the accuracy, as of the Closing Date, of each of the schedules delivered to Purchaser pursuant to this agreement; provided, however, that Purchaser shall not be obligated to proceed with the closing of the transactions contemplated by this agreement if there are material changes in the schedules initially delivered to Purchaser.
Updating of Schedules. From the date hereof until the Closing Date, Corporation shall keep up to date all of the schedules, exhibits and certificates furnished (or to be furnished) under this Agreement, and shall promptly notify Buyer of any changes, additions or events which may, after the lapse of time, cause any change or addition thereto.
Updating of Schedules. The parties acknowledge that the schedules attached to this Agreement were prepared in haste and may need to be updated prior to Closing based on due diligence results. Sellers or Buyer may, at least three (3) days prior to the Closing, deliver updated schedules, if applicable, to reflect changes to the schedules, which schedules must be reasonably acceptable to the other party, such acceptance not to be unreasonably withheld, prior to Closing.
Updating of Schedules. AFC and CFC shall, at the Effective Time, prepare and deliver to each other such supplements to the schedules attached hereto as may be necessary or appropriate to ensure the accuracy and completeness of the information required to be disclosed in such schedules at all times prior to the Effective Time, provided that the furnishing of any such supplement to such Schedules shall not modify, limit, or otherwise affect any representations or warranties of AFC or CFC contained herein or any right of AFC or CFC to terminate this Reorganization Agreement. AFC and CFC shall provide to each other drafts of such supplemental Schedules at least three (3) business days prior to the Closing Date.
