No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (i) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibility, genuineness, enforceability or condition of any (x) Asset, or (y) asset of the Failed Bank purchased by the Assuming Institution subsequent to the execution of this Agreement by the Assuming Institution or any Subsidiary or Affiliate of the Assuming Institution, or (ii) create any warranty not expressly provided under this Agreement with respect thereto.
Appears in 263 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (i) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibility, genuineness, enforceability or condition of any (x) Asset, or (y) asset of the Failed Bank purchased by the Assuming Institution Bank subsequent to the execution of this Agreement by the Assuming Institution Bank or any Subsidiary or Affiliate of the Assuming InstitutionBank, or (ii) create any warranty not expressly provided under this Agreement with respect thereto.
Appears in 263 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement (FCB Financial Holdings, Inc.)
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (ia) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibilitycollectability, genuineness, enforceability enforceability, documentation, condition or condition freedom from liens or encumbrances, of any (xi) Asset, or (yii) asset of the Failed Bank purchased by the Assuming Institution subsequent to the execution of this Agreement by the Assuming Institution or any Subsidiary or Affiliate of the Assuming Institution, or (iib) create any warranty not expressly provided under this Agreement with respect thereto.
Appears in 59 contracts
Samples: Purchase and Assumption Agreement (HCBF Holding Company, Inc.), Purchase and Assumption Agreement (FCB Financial Holdings, Inc.), Purchase and Assumption Agreement (FCB Financial Holdings, Inc.)
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (i) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibilitycollectability, genuineness, enforceability or condition of any (x) Asset, or (y) asset of the Failed Bank purchased by the Assuming Institution subsequent to the execution of this Agreement by the Assuming Institution or any Subsidiary or Affiliate of the Assuming Institution, or (ii) create any warranty not expressly provided under this Agreement with respect thereto.
Appears in 41 contracts
Samples: Purchase and Assumption Agreement (Enterprise Financial Services Corp), Purchase and Assumption Agreement (Customers Bancorp, Inc.), Purchase and Assumption Agreement (Ameris Bancorp)
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (ia) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibilitycollectability, genuineness, enforceability enforceability, documentation, condition or condition freedom from liens or encumbrances, of any (xi) Acquired Asset, or (yii) asset of the Failed Bank purchased by the Assuming Institution subsequent to the execution of this Agreement by the Assuming Institution or any Subsidiary or Affiliate of the Assuming Institution, or (iib) create any warranty not expressly provided under this Agreement with respect thereto.
Appears in 16 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (i) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibility, genuineness, enforceability or condition of any (x) Asset, or (y) asset of the Failed Bank purchased by the Assuming Institution Bank subsequent to the execution of this Agreement by the Assuming Institution Bank or any Subsidiary or Affiliate of the Assuming InstitutionBank, or (ii) create any warranty not expressly provided under this Agreement with respect thereto; provided however that the absence of any such warranty shall not affect the calculation of any Losses with respect to which any Indemnitee is entitled to indemnification under Section 12.1.
Appears in 5 contracts
Samples: Purchase and Assumption Agreement (BankUnited, Inc.), Purchase and Assumption Agreement (BankUnited, Inc.), Purchase and Assumption Agreement (BankUnited, Inc.)
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (i) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibility, genuineness, enforceability or condition of any (x) Asset, or (y) asset of the Failed Bank purchased by the Assuming Institution Bank subsequent to the execution of this Agreement by the Assuming Institution Bank or any Subsidiary or Affiliate of the Assuming InstitutionBank, or (ii) create any warranty not expressly provided under this Agreement with respect thereto; provided, however, that the absence of any such warranty shall not affect the calculation of any Losses with respect to which any Indemnitee is entitled to indemnification under Section 12.1.
Appears in 3 contracts
Samples: Purchase and Assumption Agreement (Bbva Compass Bancshares, Inc), Purchase and Assumption Agreement, Purchase and Assumption Agreement Whole Bank
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (ia) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibilitycollectability, genuineness, enforceability enforceability, documentation, condition or condition freedom from liens or encumbrances, of any (xi) Acquired Asset, or (yii) asset of the Failed Bank purchased by the Assuming Institution subsequent to the execution of this Agreement by the Assuming Institution or any Subsidiary or Affiliate of the Assuming Institution, or (iib) create any warranty not expressly provided under this Agreement with respect thereto. 12.4.
Appears in 2 contracts
Samples: Purchase and Assumption Agreement (First NBC Bank Holding Co), Purchase and Assumption Agreement (WashingtonFirst Bankshares, Inc.)
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (i) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibilitycollectability, genuineness, enforceability or condition of any (x) Asset, or (y) asset of the Failed Bank purchased by the Assuming Institution Bank subsequent to the execution of this Agreement by the Assuming Institution Bank or any Subsidiary or Affiliate of the Assuming InstitutionBank, or (ii) create any warranty not expressly provided under this Agreement with respect thereto.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Hancock Holding Co)
No Additional Warranty. Nothing in this Article XII shall be construed or deemed to (ia) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibilitycollectability, genuineness, enforceability enforceability, documentation, condition or condition freedom from liens or encumbrances, of any (xi) Asset, or (yii) asset of the Failed Bank purchased by the Assuming Institution subsequent to the execution of this Agreement by the Assuming Institution 41 or any Subsidiary or Affiliate of the Assuming Institution, or (iib) create any warranty not expressly provided under this Agreement with respect thereto.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Hilltop Holdings Inc.)
