REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES. Except (x) as disclosed in the Company Disclosure Schedule (it being acknowledged and agreed that disclosure of any item in any Part or sub-Part of the Company Disclosure Schedule shall be deemed disclosed with respect to any other Part or sub-Part of the Company Disclosure Schedule to the extent that the relevance of any disclosed event, item or occurrence in the Company Disclosure Schedule to such other Part or sub-Part is reasonably apparent on its face as to matters and items that are the subject of the corresponding representation or warranty in this Agreement), and (y) as set forth in the Company SEC Documents furnished or filed with the SEC prior to the date hereof to the extent it is reasonably apparent that any such disclosure set forth in such Company SEC Documents would qualify the representations and warranties contained herein, and further excluding from the Company SEC Documents any risk factor disclosures, disclosures about market risk or other cautionary, predictive or forward-looking disclosures contained therein (other than those disclosures which relate to specific historical events or circumstances affecting the Company), the Company Parties jointly and severally represent and warrant to the Parent Parties as follows:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pebblebrook Hotel Trust), Agreement and Plan of Merger (LaSalle Hotel Properties)
REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES. Except (x) as disclosed in the disclosure schedule delivered by the Company Disclosure Schedule to Parent prior to the execution of this Agreement (it being acknowledged and agreed that disclosure of any item in any Part Section or sub-Part subsection of the Company Disclosure Schedule shall be deemed disclosed with respect to any other Part Section or sub-Part subsection of the Company Disclosure Schedule to the extent that the relevance of any disclosed event, item or occurrence in the Company Disclosure Schedule to such other Part Section or sub-Part subsection is reasonably apparent on its face as to matters and items that are the subject of the corresponding representation or warranty in this Agreement), and (y) as set forth in the Company SEC Documents furnished or filed with the SEC prior to the date hereof of this Agreement to the extent it is reasonably apparent that any such disclosure set forth in such the Company SEC Documents would qualify the representations and warranties contained herein, and further excluding from the Company SEC Documents any risk factor disclosures, disclosures about market risk or other cautionary, predictive or forward-looking disclosures contained therein (other than those disclosures which relate to specific historical events or circumstances affecting the Company), the Company Parties and the Operating Partnership, jointly and severally severally, represent and warrant to the Parent Parties as follows:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wheeler Real Estate Investment Trust, Inc.), Agreement and Plan of Merger (Cedar Realty Trust, Inc.)
REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES. Except (x) as disclosed in the Company Disclosure Schedule (it being acknowledged and agreed that disclosure of any item in any Part or sub-Part of the Company Disclosure Schedule shall be deemed disclosed with respect to any other Part or sub-Part of the Company Disclosure Schedule to the extent that the relevance of any disclosed event, item or occurrence in the Company Disclosure Schedule to such other Part or sub-Part is reasonably apparent on its face as to matters and items that are the subject of the corresponding representation or warranty in this Agreement), and (y) as set forth in the Company SEC Documents furnished or filed with the SEC prior to the date hereof to the extent it is reasonably apparent that any such disclosure set forth in such the Company SEC Documents would qualify the representations and warranties contained herein, and further excluding from the Company SEC Documents any risk factor disclosures, disclosures about market risk or other cautionary, predictive or forward-looking disclosures contained therein (other than those disclosures which relate to specific historical events or circumstances affecting the Company), the Company Parties jointly and severally represent and warrant to the Parent Parties as follows:
Appears in 1 contract
Samples: Agreement and Plan of Merger (LaSalle Hotel Properties)