Common use of Voluntary acts, etc Clause in Contracts

Voluntary acts, etc. in respect of any matter, act, omission or circumstance (or any combination thereof), including the aggravation of a matter or circumstance to the extent that the same would not have occurred but for: 5.9.1 any voluntary act, omission or transaction of NewCo, or its directors, officers, employees or agents or successors in title, after Completion done or omitted otherwise than in the ordinary course of business of NewCo and in the knowledge that such act, omission or transaction might give rise to, or increase the extent of, a claim under this Agreement or in circumstances where such claim was reasonably foreseeable as a result of such act, omission or transaction; 5.9.2 the passing of, or any change in, after the date of this Agreement any law, rule, regulation or administrative practice of any government, governmental department, agency or regulatory body or any change of any generally accepted interpretation or application of any of the same; 5.9.3 any change in accounting bases or policies in accordance with which the Company values its assets or calculates its liabilities or any other change in accounting practice from the treatment or application of the same used in preparing the Accounts (save to the extent that such changes are required to correct errors or because relevant generally accepted accounting principles have not been complied with).

Appears in 4 contracts

Samples: Investment and Shareholders Agreement (Xyratex LTD), Investment and Shareholders Agreement (Xyratex LTD), Investment and Shareholders Agreement (Xyratex LTD)

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