Independence of Covenants and Representations and Warranties. All covenants hereunder shall be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached shall not affect the incorrectness of or a breach of a representation and warranty hereunder.
Independence of Covenants and Representations and Warranties. All covenants hereunder shall be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall not affect the occurrence of such default. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of or a breach of a representation and warranty hereunder.
Independence of Covenants and Representations and Warranties. All covenants hereunder shall be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of or a breach of a representation and warranty hereunder. Each representation, warranty and covenant shall be given independent effect so that if a particular representation, warranty or covenant is breached the fact that another representation, warranty or covenant pertaining to the same or similar subject matter is not breached will not affect the breach or enforceability of such representation, warranty or covenant.
Independence of Covenants and Representations and Warranties. All covenants hereunder shall be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant; provided that if a certain action requires consent with respect to a certain conduct hereunder and the party required to grant consent to such action in order for the other party to avoid a breach of such covenant grants such consent in accordance with the requirements of this Agreement, such granted consent shall be deemed granted as well hereunder with respect to any additional covenant for which a consent would be required in order to avoid a covenant breach. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty is breached, the fact that another representation or warranty concerning the same or similar subject matter is not breached shall not affect a breach of the particular representation and warranty hereunder.
Independence of Covenants and Representations and Warranties. All representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of or a breach of a representation and warranty hereunder.
Independence of Covenants and Representations and Warranties. All covenants hereunder shall be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty.
Independence of Covenants and Representations and Warranties. All covenants hereunder shall be given independent effect so that if a certain action or condition constitutes a default under a certain covenant, the fact that such action or condition is permitted by another covenant shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness or a breach of such initial representation or warranty; provided however, that nothing in this Section 12.13 shall be deemed to in any manner impair or diminish the principle in Section 12.6 that disclosure in one section of the disclosure schedules shall be deemed to be a disclosure in any other section of the disclosure schedules to the extent to the applicability of the disclosure to such other section is reasonably apparent.
Independence of Covenants and Representations and Warranties. 21 SECTION 16. SEVERABILITY........................................................................................21
Independence of Covenants and Representations and Warranties. 48 (ii) SCHEDULES AND EXHIBITS Schedule I Shareholders of CPI Holding Corporation Schedule II Notices Annex I Definitions Exhibit A Restated Certificate of Incorporation Exhibit B Escrow Agreement Exhibit C Highly Confident Letter issued by Donaldson Lufkin & Jenrette Exhibit D Opinion of Counsel to the Xxxxxxx xnd the Shaxxxxxxxxs Exhibit E Opinion of Counsel to the Buyer STOCK PURCHASE AGREEMENT dated as of June 18, 1999, among BERRY PLASTICS CORPORATION, a Delaxxxx corporation (the "Buyer") CPI HOLDING CORPORATION, a Delaware corporation ("Holding"), CARDINAL PACKAGING, INC., an Ohio corporation (the "Company"), and THE HOLDERS OF COMMON STOCK OF HOLDING NAMED ON SCHEDULE I ATTACHED HERETO (each, a "Shareholder", and collectively the "Shareholders"). The Company is engaged in the business of manufacturing, marketing and selling rigid thin-walled polyethylene and polypropylene containers and lids, and marketing, selling and leasing filling machine equipment. Pursuant to the terms and conditions of this Agreement (this "Agreement"), the Shareholders desire to sell, and the Buyer desires to purchase, all of the issued and outstanding shares of common stock, $0.01 par value, of Holding not owned of record by Holding. Capitalized terms used but not defined herein have the meanings set forth in ANNEX I hereto.
Independence of Covenants and Representations and Warranties. 13 REMEDIES......................................................... 30 6.14
