Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 has been met.
Appears in 7 contracts
Samples: Share Exchange Agreement (Advanced Medical Institute Inc.), Share Exchange Agreement (General Components, Inc.), Share Exchange Agreement (Advanced Medical Institute Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 11.3 has been met.
Appears in 5 contracts
Samples: Share Exchange Agreement (General Components, Inc.), Share Exchange Agreement (General Components, Inc.), Share Exchange Agreement (General Components, Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 12.3 has been met.
Appears in 5 contracts
Samples: Share Exchange Agreement (Perk International Inc.), Share Exchange Agreement (Laufer Bridge Enterprises, Inc.), Share Exchange Agreement (HPC Pos System, Corp.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 has Sections 12.6 and 12.7 have been met.
Appears in 5 contracts
Samples: Share Exchange Agreement (Trident Rowan Group Inc), Share Exchange Agreement (Phantom Fiber Corp), Share Exchange Agreement (Purple Mountain Holding Ltd.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 11.3 has been met.
Appears in 3 contracts
Samples: Share Exchange Agreement (Neoview Holdings Inc.), Share Exchange Agreement (Yarraman Winery, Inc.), Share Exchange Agreement (Forex365, Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 has 11.3 have been met.
Appears in 2 contracts
Samples: Share Exchange Agreement (Yongye Biotechnology International, Inc.), Share Exchange Agreement (China Pediatric Pharmaceuticals, Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 has Sections 13.5 and 13.6 have been met.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Metaphor Corp.), Sale and Purchase Agreement (Metaphor Corp.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 9.2 has been met.
Appears in 1 contract
Samples: Share Exchange Agreement (Advanced Medical Institute Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Members, Company and the Acquiror Company Buyer shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 has Sections 8.4(b) and 8.6(b) have been met.
Appears in 1 contract
Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Company and the Acquiror Reporting Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets basket set forth in Section 10.3 10.4 has been met.
Appears in 1 contract
Samples: Agreement and Plan of Share Exchange (Argenta Systems Inc)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 10.2 has been met.
Appears in 1 contract
Samples: Share Exchange Agreement (Advanced Medical Institute Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets threshold set forth in Section 10.3 has 9.4 have been met.
Appears in 1 contract
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets amounts set forth in Section 10.3 12.3 has been met.
Appears in 1 contract
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets basket set forth in Section 10.3 12.3 has been met.
Appears in 1 contract
Samples: Share Exchange Agreement (Nano Superlattice Technology Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company Acquirer shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 has been met.
Appears in 1 contract
Samples: Acquisition of Shares Agreement (Precious Investments, Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets basket set forth in Section 10.3 11.3 has been met.
Appears in 1 contract
Samples: Share Exchange Agreement (China Biologic Products, Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets set forth in Section 10.3 11.2 has been met.
Appears in 1 contract
Samples: Share Exchange Agreement (Fuqi International, Inc.)
Determining Damages. Materiality qualifications to the representations and warranties of the Company WealthCraft and the Acquiror Company shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the baskets aggregate damage threshold set forth in Section 10.3 has been met.
Appears in 1 contract
Samples: Share Exchange Agreement (Parque La Quinta Estates)
