Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against such Party is subject to the following qualifications:
Qualification of Representations and Warranties. The representations or ------------------------------------------------ warranties made by a Party under Sections 3.1.1(d), 3.1.18, 3.1.22 and 3.2.3 as to the enforceability of this Agreement or the Closing Documents against such Party is subject to the following qualifications: (a) specific performance, injunctive relief and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and
Qualification of Representations and Warranties. Notwithstanding anything to the contrary, express or implied, contained in this Agreement, each of the representations and warranties of the Seller contained herein is modified by reference to the disclosures and information contained in this Agreement, in the other Documents and in the Schedules hereto.
Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against such Party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors' rights.
Qualification of Representations and Warranties. Each representation and warranty in Clauses 7.01(a) through (d) inclusive shall (where applicable) be subject (as to matters of law only) to the qualifications specified in Schedule 3 of the AES Loan Agreement.
Qualification of Representations and Warranties. Notwithstanding any other provision of this Agreement, the Parties shall not be entitled to claim that any fact, matter or circumstance causes any of the representations or warranties hereunder to be breached or renders them misleading or causes any covenant hereunder to be breached to the extent that the same was disclosed in the LNM Disclosed Information or the Purchaser Disclosed Information or in the draft of the Prospectus dated October 22, 2004 (save those sections of the Prospectus entitled “Risk Factors”, “The Extraordinary Meeting”, “The Proposed Transaction”, “The Acquisition Agreement”, and “Other Agreements”).
Qualification of Representations and Warranties. Notwithstanding anything to the contrary contained herein, all of the representations and warranties of Solmecs and the Solmecs Shareholder set forth in this Article 3 (except for the representations and warranties set forth in Sections 3.1, 3.2, 3.3, 3.4, 3.5 and 3.31), whether or not qualified, are made and qualified to the "actual knowledge" of the Solmecs Shareholder and to the "best knowledge" of Solmecs. The "actual knowledge" of the Solmecs Shareholder shall mean the actual knowledge (i.e. not constructive knowledge) of the officers and directors of the Solmecs Shareholder without independent investigation. The "best knowledge" of Solmecs shall mean the actual knowledge of Solmecs' directors without independent investigation and the actual knowledge (i.e. not constructive knowledge) of the management of Solmecs after due investigation.
Qualification of Representations and Warranties. 4.5 Survival of Representations and Warranties of MDS
Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement, any Closing Document or any other Contract or agreement including those Contracts and agreements contemplated in Schedules 3.1.13, 3.1.27, 3.1.29 and 3.1.30 against a Party is subject to the following qualifications:
Qualification of Representations and Warranties. The representations or warranties made by a Party under Sections 3.1.1(d), 3.1.18, 3.1.22 and 3.2.3 as to the enforceability of this Agreement or the Closing Documents against such Party are subject to the following qualifications:
