Common use of Independence of Covenants and Representations and Warranties Clause in Contracts

Independence of Covenants and Representations and Warranties. All covenants 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 will not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties 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 will not affect the incorrectness or a breach of such initial representation or warranty.

Appears in 7 contracts

Samples: Asset Purchase Agreement (NewAge, Inc.), Asset Purchase Agreement (WPCS International Inc), Asset Purchase Agreement (WPCS International Inc)

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Independence of Covenants and Representations and Warranties. All covenants under this Agreement hereunder 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 will not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties under this Agreement hereunder 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 will not affect the incorrectness or a breach of such initial representation or warranty.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Astronics Corp), Agreement and Plan of Merger (Astronics Corp)

Independence of Covenants and Representations and Warranties. All covenants under this Agreement will 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 will shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties under this Agreement will 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 will not affect the incorrectness of or a breach of such initial a representation or warrantyand warranty hereunder.

Appears in 1 contract

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

Independence of Covenants and Representations and Warranties. All covenants under this Agreement will 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 will shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties under this Agreement will 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 will not affect the incorrectness or a breach of such initial representation or warranty.. [Signature page and exhibits only follow]

Appears in 1 contract

Samples: Stock Purchase Agreement (Trump Entertainment Resorts Funding Inc)

Independence of Covenants and Representations and Warranties. All covenants under this Agreement will 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 will shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties under this Agreement will 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 will shall not affect the incorrectness of or a breach of such initial a representation or warrantyand warranty hereunder.

Appears in 1 contract

Samples: Employment Agreement (Pacer International Inc/Tn)

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Independence of Covenants and Representations and Warranties. All covenants under this Agreement will 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 will shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties under this Agreement will 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 will not affect the incorrectness or a breach of such initial representation or warranty.. 51

Appears in 1 contract

Samples: Asset Purchase Agreement (Astronics Corp)

Independence of Covenants and Representations and Warranties. All covenants under this Agreement will 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 will shall not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, all representations and warranties under this Agreement will 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 will not affect the incorrectness or a breach of such initial representation or warranty.. [Signature page and exhibits only follow] EXECUTION COPY

Appears in 1 contract

Samples: Stock Purchase Agreement (Majestic Star Casino LLC)

Independence of Covenants and Representations and Warranties. All covenants under this Agreement hereunder 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 will not affect the occurrence of such default, unless expressly permitted under an exception to such initial covenant. In addition, except as otherwise provided for herein, all representations and warranties under this Agreement hereunder 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 will not affect the incorrectness of or a breach of such initial a representation or warrantyand warranty hereunder.

Appears in 1 contract

Samples: Merger Agreement

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