Common use of Confirmation and Waiver Clause in Contracts

Confirmation and Waiver. Pursuant to the introductory paragraph of Section 7.3, Parent and Purchaser: (a) waive the conditions expressed in Sections 7.3.5, 7.3.7 and 7.3.8; and (b) waive the conditions expressed in Sections 7.3.2 and 7.3.3 insofar as such conditions apply as a consequence of an act, event or condition, of which Parent and Purchaser are currently aware, that occurred prior to or that exists as of the date of this Amendment. Parent, Purchaser and Crown represent and warrant as of the date of this Amendment that they are not aware of any condition in Section 7.3.2 or 7.3.3 that would constitute, individually or in the aggregate a Material Adverse Effect on the business, properties or prospects of Crown.

Appears in 2 contracts

Sources: Acquisition Agreement and Agreement and Plan of Merger (Crown Resources Corp), Acquisition Agreement (Kinross Gold Corp)