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DOCUMENT TITLE:
CONTRIBUTION NOTE PURCHASE AGREEMENT
.
ACTIONS:
Here are the clause headings in the document. To view the clause, click the clause heading.To view the full document, click the "View Document" button.
Clause Heading
(ii) - APPENDICES:
ARTICLE I - DEFINITIONS
2.1 - Sale and Purchase of Note.
2.2 - Payment of Purchase Price and Delivery of Note.
2.3 - Closing Date.
ARTICLE III - REPRESENTATIONS AND WARRANTIES OF SHEBOYGAN FALLS
3.1 - Organization and Standing.
3.2 - Subsidiaries.
3.3 - Authorization.
3.4 - Financial Statements; Examinations.
3.5 - Material Changes Since December 31, 2005.
3.6 - Availability of Assets and Legality of Use.
3.7 - Title to Property.
3.8 - Books and Records.
3.9 - Accounts Receivable.
3.11 - Real Property and Leases.
3.12 - Insurance.
3.10 - Compliance with Legal Requirements; Governmental Authorizations.
3.13 - Conduct of Business.
3.14 - No Undisclosed Material Liabilities.
3.15 - No Defaults or Litigation.
3.16 - Tax Liabilities.
3.21 - Conflicts; Sensitive Payments.
3.22 - Corporate Name.
3.23 - Trademarks and Proprietary Rights.
3.17 - Contracts.
3.18 - Employee Agreements.
3.19 - Employee Relations.
3.20 - Employee Retirement Income Security Act.
3.24 - Environmental Matters.
3.25 - Insurance Issued by Sheboygan Falls.
(a) - To the Knowledge of Sheboygan Falls, Sheboygan Falls has complied and is in compliance with all Health and Safety Requirements.
3.27 - No Omissions.
3.28 - Finders.
3.29 - Representations and Warranties to Be True on the Closing Date.
ARTICLE IV - REPRESENTATIONS AND WARRANTIES OF DONEGAL MUTUAL
4.1 - Organization and Standing.
4.2 - Authorization.
4.3 - Consents and Approvals of Government Agencies.
4.4 - Transferability.
4.5 - No Omissions.
4.6 - Finders.
4.7 - Representations and Warranties to Be True on the Closing Date.
ARTICLE V - CERTAIN COVENANTS
5.1 - Investigation of Sheboygan Falls and Donegal Mutual.
5.2 - Confidential Nature of Information.
5.3 - Preserve Accuracy of Representations and Warranties.
5.4 - Maintain Sheboygan Falls As a Going Concern.
5.5 - Make No Material Change in Sheboygan Falls.
5.6 - No Public Announcement.
5.7 - Required Filings.
5.8 - No Solicitation.
5.9 - Future Actions Regarding Sheboygan Falls.
5.10 - Affirmative Covenants of Sheboygan Falls.
(a) - Furnish to Donegal Mutual:
5.11 - Negative Covenants of Sheboygan Falls.
6.1 - Conditions to Each Partys Obligations.
6.2 - Conditions to Obligations of Donegal Mutual.
6.3 - Conditions to Obligations of Sheboygan Falls.
8.1 - Amendment.
7.1 - Termination.
7.2 - Effect of Termination.
8.2 - Extension; Waiver.
8.3 - Survival of Obligations.
8.4 - Indemnification.
9.1 - Notices.
9.2 - Expenses.
9.3 - Governing Law.
9.4 - Successors and Assigns.
9.5 - Partial Invalidity.
9.6 - Execution in Counterparts.
9.7 - Titles and Headings.
9.8 - Entire Agreement; Statements as Representations.
9.9 - Specific Performance.
2 - Confirmation and Ratification of Remainder of the Agreement.
3 - Representations and Warranties.