Warranty Obligations. (a) Except as set forth on Xxxxxxx Disclosure Schedule Section 5.18, none of the Xxxxxxx Entities, to the knowledge of the Xxxxxxx Entities, has any warranty claims that are not covered by Homebuyers Warranty Corporation, National Home Insurance Company or warranties from subcontractors that materially exceed the amounts reserved therefor on the Xxxxxxx Balance Sheet or any aggregate amounts properly accrued on the books and records of any of the Xxxxxxx Entities since the date of the Xxxxxxx Balance Sheet. (b) Except as set forth on Xxxxxxx Disclosure Schedule Section 5.18, to the knowledge of the Xxxxxxx Entities, no product manufactured, sold, leased or delivered by any of the Xxxxxxx Entities (except pursuant to applicable law) is subject to any material guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. (c) To the knowledge of the Xxxxxxx Entities, except as set forth on Xxxxxxx Disclosure Schedule Section 5.18, none of the Xxxxxxx Entities has any material Liability not fully covered by insurance arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased or delivered by any of the Xxxxxxx Entities. (d) All sales by the Xxxxxxx Entities have been made in accordance with all federal and state consumer disclosure laws and regulations, including, if applicable, the California Subdivided Lands Act and the regulations enacted thereunder.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Schuler James K), Agreement and Plan of Reorganization (Apollo Real Estate Investment Fund L P/Ny), Agreement and Plan of Reorganization (Schuler James K)
Warranty Obligations. (a) Except as set forth on Xxxxxxx WP Disclosure Schedule Section 5.184.18, none of the Xxxxxxx WP Entities, to the knowledge of the Xxxxxxx WP Partners and the WP Entities, has any warranty claims that are not covered by Homebuyers Warranty Corporation, National Home Insurance Company or warranties from subcontractors that materially exceed the amounts reserved therefor on the Xxxxxxx WP Balance Sheet or any aggregate amounts properly accrued on the books and records of any of the Xxxxxxx WP Entities since the date of the Xxxxxxx WP Balance Sheet.
(b) Except as set forth on Xxxxxxx WP Disclosure Schedule Section 5.184.18, to the knowledge of the Xxxxxxx WP Partners and the WP Entities, no product manufactured, sold, leased or delivered by any of the Xxxxxxx WP Entities (except pursuant to applicable law) is subject to any material guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
(c) To the knowledge of the Xxxxxxx WP Partners and the WP Entities, except as set forth on Xxxxxxx WP Disclosure Schedule Section 5.184.18, none of the Xxxxxxx WP Entities has any material Liability not fully covered by insurance arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased or delivered by any of the Xxxxxxx WP Entities.
(d) All sales by the Xxxxxxx WP Entities have been made in accordance with all federal and state consumer disclosure laws and regulations, including, if applicable, the California Subdivided Lands Act and the regulations enacted thereunder.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Apollo Real Estate Investment Fund L P/Ny), Agreement and Plan of Reorganization (Schuler James K), Agreement and Plan of Reorganization (Schuler Homes Inc)