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.
Appears in 54 contracts
Sources: Asset Purchase Agreement (Standard Dental Labs Inc.), Asset Purchase Agreement (Costas Inc), Employment Agreement (Celadon Group Inc)
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 will not affect the incorrectness of or a breach of a representation and warranty hereunder.
Appears in 28 contracts
Sources: Asset Purchase Agreement (ACCESS Newswire Inc.), Membership Interest Purchase Agreement (Royalty Pharma PLC), Note Purchase Agreement (Champions Oncology, Inc.)
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 will not affect the incorrectness of or a breach of a representation and warranty hereunder.
Appears in 16 contracts
Sources: Term Loan and Security Agreement (Hecla Mining Co/De/), Term Loan and Security Agreement (Mines Management Inc), Term Loan and Security Agreement (Revett Mining Company, Inc.)
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 will not affect the incorrectness of or a breach of a such initial representation and warranty hereunderor warranty.
Appears in 9 contracts
Sources: Asset Purchase Agreement (Astronics Corp), Merger Agreement (Media Technologies, Inc.), Merger Agreement (Anoteros, Inc.)
Independence of Covenants and Representations and Warranties. All covenants hereunder shall under this Agreement will 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 will 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 under this Agreement will 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 will not affect the incorrectness of or a breach of a such initial representation and warranty hereunderor warranty.
Appears in 7 contracts
Sources: Asset Purchase Agreement (NewAge, Inc.), Asset Purchase Agreement (WPCS International Inc), Asset Purchase Agreement (WPCS International Inc)
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 will not affect the incorrectness of or a breach of a representation and warranty hereunder.. The Exhibits and Schedules attached hereto are hereby made part of this Agreement in all respects. * * *
Appears in 2 contracts
Sources: Recapitalization Agreement (Convergent Group Corp), Stock Purchase and Redemption Agreement (Convergent Group Corp)
Independence of Covenants and Representations and Warranties. All covenants hereunder shall will 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 will 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 will 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 will not affect the incorrectness of or a breach of a such initial representation and warranty hereunderor warranty.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Astronics Corp), Merger Agreement (Astronics Corp)
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 will not affect the incorrectness of or a breach of a such initial representation or warranty. [Signature page and warranty hereunder.exhibits only follow] EXECUTION COPY
Appears in 1 contract
Sources: Stock Purchase Agreement (Majestic Star Casino LLC)
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 that action or condition is permitted by another covenant shall not affect the occurrence of such that default, unless expressly permitted under an exception to such the 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 the initial representation and warranty hereunder.
Appears in 1 contract
Sources: Asset and Share Purchase Agreement (Trinity Biotech PLC)
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 will not affect the incorrectness of or a breach of a such initial representation and warranty hereunder.or warranty. 51
Appears in 1 contract
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 will not affect the incorrectness of or a the breach of a representation and warranty hereunder.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Kahiki Foods Inc)
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 that action or condition is permitted by another covenant shall not affect the occurrence of such that default, unless expressly permitted under an exception to such that 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.
Appears in 1 contract
Sources: Asset Purchase Agreement (Healthcare Royalty, Inc.)
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 will not affect the incorrectness of or a breach of a such particular representation and warranty hereunder.. 1481337 77
Appears in 1 contract
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 or violation 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.
Appears in 1 contract
Independence of Covenants and Representations and Warranties. All covenants hereunder shall be given independent effect so that if a certain action or condition 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 will not affect the incorrectness of or a breach of a representation and warranty hereunder.
Appears in 1 contract
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 63 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 will not affect the incorrectness of or a breach of a representation and warranty hereunder.
Appears in 1 contract
Sources: Recapitalization Agreement (Montgomery Open Mri LLC)
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.. -50- 56
Appears in 1 contract
Sources: Stock Purchase Agreement (Personnel Group of America Inc)
Independence of Covenants and Representations and Warranties. All Subject to the provisions hereof (including Section 4.7), (i) 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 additioncovenant and, (ii) 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 will not affect the incorrectness of or a breach of a representation and warranty hereunder.
Appears in 1 contract
Sources: Merger Agreement (Berry Plastics Acquisition Corp Iii)
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 will not affect the incorrectness of or a breach of a such initial representation or warranty. [Signature page and warranty hereunder.exhibits only follow]
Appears in 1 contract
Sources: Stock Purchase Agreement (Trump Entertainment Resorts Funding Inc)