Special Rule for Fraud. Notwithstanding anything in this Section 6.1 to the contrary, in the event of any breach of a representation or warranty by a party hereto that constitutes actual fraud, the representation or warranty shall survive consummation of the transactions contemplated in this Agreement and continue in full force and effect without any time limitation.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ubic, Inc.), Stock Purchase Agreement (Ubic, Inc.), Asset Purchase Agreement (Inventure Group, Inc.)
Special Rule for Fraud. Notwithstanding anything in this Section 6.1 to the contrary, in the event of any breach of a representation or warranty by a party hereto Party that constitutes actual fraud, the representation or warranty shall survive consummation of the transactions contemplated in this Agreement and continue in full force and effect without any time limitation.
Appears in 2 contracts
Samples: Purchase Agreement (Phoenix Container, Inc.), Stock Purchase and Merger Agreement (Phoenix Container, Inc.)
Special Rule for Fraud. Notwithstanding anything in this Section 6.1 to the contrary, in the event of a breach by any breach Party of a representation or warranty by a party hereto that which breach is intentional, or constitutes actual fraud, the representation or warranty shall that has been breached will survive the execution and delivery of this Agreement and the consummation of the transactions contemplated in this Agreement hereby (regardless of any investigation made by any Party or on its behalf) and will continue in full force and effect without any time limitationfor six years following the Closing Date.
Appears in 2 contracts
Samples: Registration Rights Agreement (Base Ten Systems Inc), Agreement and Plan of Merger (Almedica International Inc)
Special Rule for Fraud. Notwithstanding anything in this Section 6.1 4.2(b) to the contrary, in the event of any breach of a representation or warranty by a party hereto Party that is intentional or constitutes actual fraud, the representation or warranty shall survive consummation of the transactions contemplated in this Agreement and continue in full force and effect without any time limitationforever thereafter.
Appears in 1 contract
Samples: Asset Purchase Agreement (Guardian International Inc)
Special Rule for Fraud. Notwithstanding anything in this Section 6.1 to the contrary, in the event of any breach of a representation or warranty by a party hereto that constitutes actual fraud, the representation or warranty shall survive consummation of the transactions contemplated in this Agreement and continue in full force and effect without any time limitation.
Appears in 1 contract
Special Rule for Fraud. Notwithstanding anything in this Section 6.1 7.1 to the contrary, in the event of any breach of a representation or warranty by a party hereto Party that constitutes actual fraud, the representation or warranty shall survive consummation of the transactions contemplated in this Agreement and continue in full force and effect without any time limitation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Gaylord Container Corp /De/)
Special Rule for Fraud. Notwithstanding anything in this Section 6.1 11.1 to the contrary, in the event of any a breach of a representation or warranty by a any party hereto that constitutes actual fraud, the representation or warranty shall that has been breached will survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby (regardless of any investigation made by any Party or on its behalf) and, notwithstanding Section 11.2, will not be subject to the dollar limitations specified in this Agreement and continue in full force and effect without any time limitation.Section 11.2 or 11.3. (c)
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Special Rule for Fraud. Notwithstanding anything in this Section 6.1 7.1 to the contrary, in the event of any breach of a representation representation, warranty, covenant or warranty agreement by a party hereto that constitutes actual fraud, the representation intentional misrepresentation or warranty willful breach, such representation, warranty, covenant or agreement shall survive consummation of the transactions contemplated in this Agreement and continue in full force and effect without any time limitation.
Appears in 1 contract
Samples: Asset Purchase Agreement (Industrial Services of America Inc)
Special Rule for Fraud. Notwithstanding anything in this Section 6.1 7.4 to the contrary, in the event of any breach of a representation or warranty by a party hereto Party that constitutes actual fraud, the representation or warranty shall survive consummation of the transactions contemplated in this Agreement and continue in full force and effect without any time limitation.
Appears in 1 contract
