Common use of Effect of Investigation Clause in Contracts

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 70 contracts

Samples: Share Purchase Agreement, Shareholders Agreement (Cerberus Cyber Sentinel Corp), Exclusive Energy Drink Distribution Agreement (SIMPLICITY ESPORTS & GAMING Co)

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Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Partyany indemnified party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) indemnified party’s or by reason of the fact that the Indemnified Party or any of its Representatives such indemnified party knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 17 contracts

Samples: Option Agreement (Bitech Technologies Corp), Share Exchange Agreement (W Technologies, Inc.), Exchange Agreement (MDWerks, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate).

Appears in 8 contracts

Samples: Asset Purchase Agreement (Transcat Inc), Share and Asset Purchase Agreement (BioTelemetry, Inc.), Asset Purchase Agreement (Mphase Technologies Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Ember Therapeutics, Inc. - Ny), Membership Interest Purchase Agreement (Agrify Corp), Stock Purchase Agreement (Axesstel Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Riot Blockchain, Inc.), Management Services Agreement (4Front Ventures Corp.), Stock Purchase Agreement (ERBA Diagnostics, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect theretoindemnification, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 5 contracts

Samples: Membership Interest Purchase Agreement (Global Partners Lp), Membership Interest Purchase Agreement (Big Sky Productions, Inc.), Share Exchange Agreement (Muliang Agritech, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified PartyIndemnitee’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party Indemnitee (including by any of its Representatives) or by reason of the fact that the Indemnified Party Indemnitee or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Asure Software Inc), Stock Purchase Agreement (Asure Software Inc), Asset Purchase Agreement (Asure Software Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate, as the case may be.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Continental Materials Corp), Asset Purchase Agreement (Intellinetics, Inc.), Agreement and Plan of Merger (Teladoc, Inc.)

Effect of Investigation. The representations, warranties warranties, and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 3 contracts

Samples: Conveyance and Assumption Agreement (Delek Logistics Partners, LP), Asset Purchase Agreement (Delek Logistics Partners, LP), Asset Purchase Agreement (Delek US Holdings, Inc.)

Effect of Investigation. The representations, warranties and covenants of the each Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the any Indemnified Party (including by any of its RepresentativesRepresentative thereof) or by reason of the fact that the any Indemnified Party or any of its Representatives Representative thereof knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Troika Media Group, Inc.), Goodwill Purchase Agreement (Troika Media Group, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 2 contracts

Samples: Purchase Agreement, Us Asset Purchase Agreement

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the any Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the any Indemnified Party (including by any of its Representatives) or by reason of the fact that the such Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 2 contracts

Samples: Settlement and Release Agreement (Harmony Energy Technologies Corp), Warrant Exchange Agreement (Harmony Energy Technologies Corp)

Effect of Investigation. The representations, representations and warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurateinaccurate or by reason of the Indemnified Party’s waiver of any closing condition set forth in this Agreement.

Appears in 2 contracts

Samples: Share and Unit Exchange Agreement (Triller Corp.), Unit Exchange Agreement (Triller Corp.)

Effect of Investigation. The representations, warranties and covenants of the an Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Boxlight Corp), Contingent Stock Purchase Agreement (Hightimes Holding Corp.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect theretoor other remedy based on the representations, shall warranties, covenants and agreements of the Indemnifying Party contained herein will not be affected or deemed waived by reason of any investigation made conducted by or on behalf of the Indemnified Party (including with respect to, or any knowledge acquired by any of its Representatives) or by reason of the fact that the Indemnified Party at any time, with respect to the accuracy or any inaccuracy of its Representatives knew or should have known that compliance with, any such representation representation, warranty, covenant or warranty is, was or might be inaccurateagreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Apricus Biosciences, Inc.), Asset Purchase Agreement (Avalo Therapeutics, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party before the Closing (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate, as the case may be.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Eyegate Pharmaceuticals Inc), Share Purchase Agreement (Eyegate Pharmaceuticals Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurateinaccurate or by reason of the Indemnified Party’s waiver of any such inaccurate representation or warranty.

Appears in 2 contracts

Samples: Share Purchase Agreement (Inpixon), Share Purchase Agreement (Inpixon)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Merit Medical Systems Inc), Asset Purchase Agreement (Merit Medical Systems Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sydys Corp)

Effect of Investigation. The representations, representations and warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect theretohereunder, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Thoratec Corp)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of their or its Representatives) or by reason of the fact that the Indemnified Party or any of his or its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Employment Agreement (LIVE VENTURES Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.. 45

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Kingsway Financial Services Inc)

Effect of Investigation. The Except as provided in Articles 7.8(ii) and 9.4, the representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of of: (i) any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of (ii) the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate, as the case may be.

Appears in 1 contract

Samples: G Iii Apparel Group LTD /De/

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.. Section 8.10

Appears in 1 contract

Samples: Asset Purchase Agreement (Regis Corp)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (STAMPS.COM Inc)

Effect of Investigation. The representations, warranties warranties, covenants and covenants agreements of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate).

Appears in 1 contract

Samples: Purchase Agreement (Root9B Holdings, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Any Indemnified Party’s right to indemnification with respect thereto, hereunder shall not be affected or deemed waived by reason of any investigation made by or on behalf of the any Indemnified Party (including by any of its Representatives) or by reason of the fact that the such Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Indemnification Agreement (MDWerks, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying PartyIndemnifier, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ascend Wellness Holdings, Inc.)

Effect of Investigation. The representations, warranties and covenants of the an Indemnifying Party, Party and the Indemnified Party’s right to indemnification with respect thereto, shall thereto will not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate).

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (New Home Co Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew know or should have known that any such representation or warranty is, was or might be inaccurate, as the case may be.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Teladoc, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.inaccurate or by reason of the Indemnified Party’s waiver of any condition set forth in ARTICLE V.

Appears in 1 contract

Samples: Asset Purchase Agreement (Clean Energy Fuels Corp.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made at any time by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate, as the case may be.

Appears in 1 contract

Samples: Asset Purchase Agreement (SciSparc Ltd.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Partyindemnifying party, and the Indemnified Partyindemnified party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party indemnified party (including by any of its Representatives) managers, directors, officers, employees, consultants, financial advisors, counsel, accountants or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurateother agents).

Appears in 1 contract

Samples: Asset Purchase Agreement (Security National Financial Corp)

Effect of Investigation. The representations, warranties and covenants of the any Indemnifying Party, and the any Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the any Indemnified Party (including by any of its Representatives) or by reason of the fact that the any Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Exchange Agreement (Liberated Solutions, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact or any argument that the any Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Accuride Corp)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its an Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate, as the case may be.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Teladoc, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.. 48

Appears in 1 contract

Samples: Asset Purchase Agreement (Knightscope, Inc.)

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Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of or its Representatives) Affiliates or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known known, whether before or after the Closing, that any such representation or warranty is, was or might be inaccurate.. 120

Appears in 1 contract

Samples: Transaction Agreement (Summit Materials, LLC)

Effect of Investigation. The representations, warranties warranties, and covenants of the Indemnifying Party, Party and the Indemnified Party’s right to indemnification with respect thereto, thereto shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was was, or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (M.D.C. Holdings, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate, as the case may be.

Appears in 1 contract

Samples: Stock Purchase Agreement (Eyegate Pharmaceuticals Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.inaccurate or by reason of the Indemnified Party’s waiver of any condition set forth in this Agreement

Appears in 1 contract

Samples: Stock Purchase Agreement (Radiopharm Theranostics LTD)

Effect of Investigation. The Notwithstanding anything else to the contrary contained in this Agreement, the representations, warranties and covenants of the any Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Compass Diversified Holdings)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (CFN Enterprises Inc.)

Effect of Investigation. The Except as expressly set forth in Section 6.04(b), the representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.. Section 8.09

Appears in 1 contract

Samples: Asset Purchase Agreement (Sprague Resources LP)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Any Indemnified Party’s right to indemnification with respect thereto, or other remedy shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known at any time that any such representation or warranty is, was or might be breached or inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hercules Capital, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurateinaccurate or by reason of the Indemnified Party’s waiver of any condition contained in this Agreement.

Appears in 1 contract

Samples: Unit Purchase Agreement (Vinco Ventures, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect theretothereto (if any), shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Post Holdings, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.. Section 8.09

Appears in 1 contract

Samples: Stock Purchase Agreement (Phunware, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Indemnifying Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Share and Membership Interest Purchase Agreement (Nacco Industries Inc)

Effect of Investigation. The representations, warranties warranties, and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was was, or might be inaccurate.. 7.10

Appears in 1 contract

Samples: Membership Interests Purchase Agreement (Flotek Industries Inc/Cn/)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurate., as the case may be. 32

Appears in 1 contract

Samples: 1 Share Purchase Agreement (Dhi Group, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its RepresentativesPersonnel) or by reason of the fact that the Indemnified Party or any of its Representatives Personnel knew or should have known that any such representation or warranty is, was was, or might be inaccurate.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (SPI Energy Co., Ltd.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified PartyIndemnitee’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party Indemnitee (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party Indemnitee or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Asure Software Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or representatives should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nautilus, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect theretoor other remedy based on the representations, shall warranties, covenants and agreements of Indemnifying Party contained herein will not be affected or deemed waived by reason of any investigation made conducted by or on behalf of the Indemnified Party (including with respect to, or any knowledge acquired by any of its Representatives) or by reason of the fact that the Indemnified Party at any time, with respect to the accuracy or any inaccuracy of its Representatives knew or should have known that compliance with, any such representation representation, warranty, covenant or warranty is, was or might be inaccurateagreement.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Sysorex, Inc.)

Effect of Investigation. The representations, warranties and covenants of either the Indemnifying Buyer Indemnified Party or the Seller Indemnified Party, and the Indemnified Partysuch party’s right rights to indemnification with respect theretohereunder, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party such party (including by any of its Representativesrepresentatives) or by reason of the fact that the Indemnified Party such party or any of its Representatives representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Interlink Electronics Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s 's right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.. Section 7.09

Appears in 1 contract

Samples: Stock Purchase Agreement (Intest Corp)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurateinaccurate or by reason of the Indemnified Party’s waiver of any condition set forth in this Agreement, as the case may be.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lucy Scientific Discovery, Inc.)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representativesprincipals, shareholders, directors, officers, partners, agents or employees) or by reason of the fact that the Indemnified Party Party, or any of its Representatives representatives, knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sun Communities Inc)

Effect of Investigation. The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall are not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spectranetics Corp)

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