Effect of Certain Waivers of Closing Conditions. If before the Closing any party (the “Waiving Party”) has knowledge of any breach by any other party of any representation, warranty, covenant or agreement contained herein and the Waiving Party proceeds with the Closing, the Waiving Party shall be deemed to have waived such breach and the waiving party and its successors, assigns, Affiliates and Representatives shall not be entitled to indemnification pursuant to Article VI (Indemnification), to ▇▇▇ for damages or to assert any other right or remedy for any Losses arising out of any matters relating to such condition or breach, notwithstanding anything to the contrary contained herein or any certificate delivered pursuant hereto.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Yu Dong), Stock Purchase Agreement (Twenty-First Century Fox, Inc.)
Effect of Certain Waivers of Closing Conditions. If before If, prior to the Closing any party Party (the “Waiving Party”) has knowledge of any breach by any the other party Party of any representation, warranty, warranty or covenant or agreement contained herein in this Agreement and the Waiving Party proceeds with the Closing, the Waiving Party shall be deemed to have waived such breach and the waiving party Waiving Party and its successors, assigns, assigns and Affiliates and Representatives shall not be entitled to indemnification pursuant to Article VI (Indemnification), to ▇▇▇ for damages or to assert any other right or remedy for any Losses loss arising out of from any matters relating to such condition or breach, notwithstanding anything to the contrary contained herein or in any certificate delivered pursuant hereto.
Appears in 2 contracts
Sources: Share Purchase Agreement (SSI Southland Holdings, Inc.), Share Purchase Agreement (Trestle Transport, Inc.)
Effect of Certain Waivers of Closing Conditions. If before (i) prior to the Closing any party Party (the “Waiving Partywaiving party”) has knowledge of any breach by any other party Party of any representation, warranty, warranty or covenant or agreement contained herein in this Agreement and (ii) the Waiving Party waiving party proceeds with the Closing, the Waiving Party waiving party shall be deemed to have waived such breach and the waiving party and its successors, assigns, assigns and Affiliates and Representatives shall not be entitled to indemnification be indemnified pursuant to Article VI (Indemnification)10, to ▇▇▇ for damages or to assert any other right or remedy for any Losses losses arising out of from any matters relating to such condition or breach, notwithstanding anything to the contrary contained herein or in any certificate delivered pursuant hereto.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (Klondex Mines LTD), Membership Interest Purchase Agreement (Klondex Mines LTD)
Effect of Certain Waivers of Closing Conditions. If before (i) prior to the Closing date hereof any party (the “Waiving Party”) has knowledge of any inaccuracy or breach by any other party of any representation, warranty, warranty or covenant contained in this Agreement or agreement contained herein any Ancillary Agreement and (ii) the Waiving Party proceeds with the Closing, the Waiving Party shall be deemed to have waived such breach and the waiving party Waiving Party and its successors, assigns, assigns and Affiliates and Representatives shall not be entitled to indemnification be indemnified pursuant to Article VI (Indemnification)VIII, to ▇▇▇ for damages or to assert any other right or remedy for any Losses losses arising out of from any matters relating to such condition or breach, notwithstanding anything to the contrary contained herein or in any certificate delivered pursuant hereto.
Appears in 1 contract
Sources: Purchase Agreement (Globix Corp)