Common use of Update Information Clause in Contracts

Update Information. At any time up to 10 days before the Closing, SE Transmission and MLP GP shall supplement in writing any information furnished on the Disclosure Schedule to reflect post-signing developments and matters that have come to the Knowledge of SE Transmission and MLP GP (which if not included on a Schedule would constitute a breach of this Agreement by SE Transmission or MLP GP, as applicable) by furnishing such supplemented information to Spectra MLP pursuant to the notice provisions hereof. If (a) SE Transmission or MLP GP so furnishes supplemental information, (b) the absence of such information would have resulted in a breach of any representation or warranty under this Agreement and (c) the Closing occurs, then such information shall be deemed to amend this Agreement and the Disclosure Schedule for all purposes hereunder; provided, however, that if such supplemental disclosure would or would reasonably be expected to result in Losses to the Saltville Companies in excess of $2,500,000 in the aggregate, then Spectra MLP may elect, by written notice delivered to SE Transmission and MLP GP to terminate this Agreement no later than two Business Days before Closing.

Appears in 3 contracts

Sources: Contribution Agreement, Contribution Agreement (Spectra Energy Partners, LP), Contribution Agreement (Spectra Energy Partners, LP)