Common use of Recitals, Schedules and Annexes Clause in Contracts

Recitals, Schedules and Annexes. The recitals, exhibits attached hereto and Seller's Schedule of Exceptions referred to herein and attached hereto are hereby incorporated herein and made a part hereof as if fully set forth herein. Disclosure of any fact or item in any section of Seller's Schedule of Exceptions shall, should the existence of the fact or item be relevant to any other section of Seller's Schedule of Exceptions, be deemed to be disclosed with respect to that other paragraph or section. The parties hereto acknowledge that certain matters set forth in Seller's Schedule of Exceptions are included for informational purposes only, notwithstanding the fact that, because they do not rise above applicable materiality thresholds or otherwise, they would not be required to be set forth therein by the terms of this Agreement and that disclosure of such matters shall not be taken as an admission by the party delivering such Seller's Schedule of Exceptions that such disclosure is required to be made under the terms of any provision of this Agreement and in no event shall any such disclosure be deemed or interpreted to broaden or otherwise amplify the representations and warranties contained in this Agreement.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Hines Horticulture Inc), Asset Purchase Agreement (Hines Horticulture Inc), Asset Purchase Agreement (Hines Horticulture Inc)

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Recitals, Schedules and Annexes. The recitals, exhibits attached hereto and Seller's Schedule of Exceptions Disclosure Schedules referred to herein and attached hereto are hereby incorporated herein and made a part hereof as if fully set forth herein. Disclosure of any fact or item in any section of Seller's Schedule of Exceptions Disclosure Schedules shall, should the existence of the fact or item be relevant to any other section of Seller's Schedule of ExceptionsDisclosure Schedules, be deemed to be disclosed with respect to that other paragraph or section. The parties hereto acknowledge that certain matters set forth in Seller's Schedule of Exceptions Disclosure Schedules are included for informational purposes only, notwithstanding the fact that, because they do not rise above applicable materiality thresholds or otherwise, they would not be required to be set forth therein by the terms of this Agreement and that disclosure of such matters shall not be taken as an admission by the party delivering such Seller's Schedule of Exceptions Disclosure Schedules that such disclosure is required to be made under the terms of any provision of this Agreement and in no event shall any such disclosure be deemed or interpreted to broaden or otherwise amplify the representations and warranties contained in this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hines Horticulture Inc)

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