Amendment to Disclosure Schedules. Buyer agrees that, with respect to the representations of Seller contained in this Agreement, Seller shall have the continuing right until the Closing to add (including the addition of disclosure Schedules that are responsive to the representations of Seller contained herein, but for which a disclosure Schedule is not contemplated as of the Execution Date), supplement or amend the disclosure Schedules thereto with respect to any matter hereafter arising or discovered which, if existing on the Execution Date or thereafter, would have been required to be set forth or described in such disclosure Schedules. For all purposes of this Agreement, including for purposes of determining whether the conditions set forth in Section 10.2 have been fulfilled, the disclosure Schedules to Seller’s representations contained in this Agreement shall be deemed to include only that information contained therein on the Execution Date and shall be deemed to exclude all information contained in any addition, supplement or amendment thereto; provided, however, that if the Closing shall occur, then, (a) with respect to any such matters first arising on or after the Execution Date and disclosed pursuant to any such addition, supplement or amendment at or prior to the Closing, all such matters shall be waived and Buyer shall not be entitled to make a claim with respect thereto pursuant to the terms of this Agreement or otherwise and (b) with respect to any such matters first arising prior to the Execution Date and disclosed pursuant to any such addition, supplement or amendment at or prior to the Closing, such matters shall not be included in any such addition, supplement or amendment if they adversely impact Buyer unless Buyer expressly agrees in writing to such additions, supplements or amendments, and if so made, all such matters shall be waived and Buyer shall not be entitled to make a claim with respect thereto pursuant to the terms of this Agreement. 52
Amendment to Disclosure Schedules. Schedules 1.1(d), 1.1(m), 1.2(a), 4.1(h)(ii), 4.1(i) and 4.1(p) are hereby amended and restated as composite Exhibit A attached hereto.
Amendment to Disclosure Schedules. The Disclosure Schedules shall be amended and restated in their entirety as set forth in Annex I hereto.
Amendment to Disclosure Schedules. The schedules to the Credit Agreement are hereby amended by:
Amendment to Disclosure Schedules. The definition of “Disclosure Schedules” in Section 1.01 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Disclosure Schedules. Schedule 6.4 to the Note Purchase Agreement is hereby amended and restated in its entirety to read as set forth on Exhibit C attached hereto.
Amendment to Disclosure Schedules. Schedules 6.3, 6.7, 6.12, 6.13 and 6.14 to the Credit Agreement are hereby updated and replaced by the corresponding Schedules attached as Annex 2 hereto.
Amendment to Disclosure Schedules. From time to time prior to the Closing, the Seller shall promptly supplement or amend its Disclosure Schedules hereto with respect to any matter hereafter arising or of which they become aware after the date hereof, which, if existing, occurring or known at the date of this Agreement, would have been required to be set forth or described in the Seller’s Disclosure Schedules. No disclosure pursuant to this Section 6.13 shall be deemed to have cured any inaccuracy in or breach of any representation or warranty contained in this Agreement, including for purposes of the indemnification or termination rights contained in this Agreement or of determining whether or not the conditions set forth in Section 7.01 and Section 7.02 have been satisfied.
Amendment to Disclosure Schedules. Pursuant to Section 4.6 of the Purchase Agreement, the Seller shall amend the Purchase Agreement by delivering on the Closing Date updated schedules to reflect New Facts, including Schedule 2.17(b) listing the Company as the owner of Patent No. 7,156,474. The disclosure schedules delivered on the Closing Date shall be the final form of such disclosure schedules.
Amendment to Disclosure Schedules. The DISCLOSURE SCHEDULES to the Loan Agreement are hereby amended and restated in their entirety as of the Amendment Effective Date to read as set forth in EXHIBIT A attached hereto.
