New Matter definition

New Matter and “New Matters” shall have the meanings given to such terms in Section 5.1(j)(i) hereof.

New Matter means any matter occurring after the date of this Agreement which, if existing or occurring on or prior to the date of this Agreement, would have been required to be set forth or described in the Schedules. For the avoidance of doubt, New Matters shall not include any matter (i) arising on or prior to the date of this Agreement that was required to have been disclosed in the Schedules as of the date of this Agreement or (ii) arising as a result of a breach by Seller or its Affiliates of any covenant or agreement contained herein.

New Matter has the meaning set forth in Section 7.04(a).

Examples of New Matter in a sentence

• This rule would not apply if the defendant’s New Matter just asserted the statute as a conclusion of law, but would apply if certain facts demonstrating that the claim was late were asserted in the New Matter and not answered by the plaintiff.

• Except as set forth in this Section 3.1, if Seller refuses for any reason or no reason to cure, remove or remedy any such New Matter, Buyer shall have the option of terminating this Agreement by written notice to Seller or accepting title in its then state and condition.

• Seller shall not be obliged to cure, remove or remedy any New Matter, except for removal of liens or encumbrances caused by Seller in amounts aggregating not more than $150,000 (exclusive of first and second mortgages).

• No supplement or amendment shall be deemed to cure any breach of any representation or warranty made in this Agreement for the purpose of determining satisfaction of the conditions set forth in Article VII hereof provided, however, that if Purchaser elects to close the Transactions contemplated hereby after receiving notice of a New Matter, Purchaser shall not be entitled to indemnification as contemplated under Article IX with respect to such New Matter.

• From time to time prior to the Closing, Seller shall promptly but in no event more than once every thirty days, supplement or amend the Disclosure Schedule with respect to any matter, condition or occurrence hereafter arising which, if existing or occurring at the date of this Agree ment, would have been required to be set forth or described in the Disclosure Sched ule ("New Matter").

More Definitions of New Matter

New Matter has the meaning set forth in Section 6.20.

New Matter shall have the meaning contained in Section 5.7(b).

New Matter has the meaning set forth in Section 2.3(d).

New Matter means a matter decided by the Permanent Secretary to be a matter or matters in relation to an award or collective agreement significantly affecting the terms and conditions of workers covered by the said award or collective agreement;

New Matter means any matter, change or development occurring after the date of this Agreement which, if existing or occurring on or prior to the date of this Agreement, would have been required to be set forth or described in the disclosure Schedule (whether such Schedule is specifically provided for in this Agreement or not). Notwithstanding the foregoing, New Matters shall not include any matter, change or development (i) existing or occurring on or prior to the date of this Agreement or which was otherwise required to have been disclosed in the Disclosure Schedules as of the date of this Agreement or (ii) arising as a result of a breach by the Company, the Sellers' Representative, any Seller or any Warrant Holder of any covenant or agreement contained herein.

New Matter shall have the meaning set forth in Section 9.18.

New Matter means new matter or materials introduced in the contract negotiation, or during the contract period.