Common use of Acknowledgments by Affiliate Clause in Contracts

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliatesAffiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his professional advisors, who are qualified to advise Affiliate him with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by ParentiPrint, the Company Wood and their respective affiliates, counsel affiliates and accounting firmscounsel, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Combination Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel affiliates and accounting firmscounsel, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such mattersMerger Agreement.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's ’s representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's ’s professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by ParentInktomi, the Company Impulse, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliatefirms for purposes of determining Parent's representations, warranties or covenants are breachedeligibility to account for the Merger as a "pooling of interests". Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed had an opportunity to discuss the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by ParentInktomi, the Company Webspective, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate agrees, acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by ParentAcquisition Co., the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's ’s representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's ’s professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the ---------------------------- representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliatefirms for purposes of determining Parent's representations, warranties or covenants are breached. eligibility to account for the Merger as a "pooling of interests." Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed had the opportunity to discuss the requirements of this Agreement with Affiliate's professional advisors, who Affiliate believes are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that ---------------------------- the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective "affiliates, counsel " and accounting firmscounsel, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed had the opportunity to discuss the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate him or her with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel affiliates and accounting firmscounsel, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firmsindependent accountants, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are inaccurate when made or hereafter breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, advisors who are qualified to advise Affiliate him or her with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company respective affiliates of Parent and their respective affiliatesthe Company, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firmsindependent accountants, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are inaccurate when made or hereafter breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate him or her with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed had an opportunity to discuss the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and ---------------------------- understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's ’s representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's ’s professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by ParentInktomi, the Company C2B, and their respective affiliatesAffiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's his professional advisors, who are qualified to advise Affiliate him with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his or her professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Acquisition Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.. 3. Beneficial

Acknowledgments by Affiliate. Affiliate acknowledges and ---------------------------- understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective "affiliates", counsel and accounting firmsaccountants, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breachednot true when given or are breached by Affiliate. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed had the opportunity to discuss the requirements of this Agreement with Affiliate's his professional advisors, advisors who are qualified to advise Affiliate him with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by ParentEclipse, the Company Cardiogenesis, and their respective affiliatesAffiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed understands the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such mattersterms hereof and thereof.

Acknowledgments by Affiliate. Affiliate understands and hereby acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parentthe Company, the Company Parent and their respective affiliates, counsel affiliates and accounting firms, legal counsel. Affiliate hereby represents and warrants to Parent that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed had the opportunity to discuss the requirements of this Agreement with Affiliate's ’s professional advisors, who Affiliate believes are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firmsfirms in connection with the Merger, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants herein are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with those of Affiliate's professional advisors, advisors who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's his professional advisors, who are qualified to advise Affiliate him with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and ---------------------------- understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company Company, and their respective affiliatesAffiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's his professional advisors, who are qualified to advise Affiliate him with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and ---------------------------- understands that the representations, warranties and covenants by Affiliate set forth herein shall will be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliatefirms for purposes of determining Parent's representations, warranties or covenants are breached. eligibility to account for the Merger as a "pooling of interests." Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed had the opportunity to discuss the requirements of this Agreement with Affiliate's professional advisors, who Affiliate believes are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company Company, and their respective affiliates, counsel affiliates and accounting firmscounsel, and that substantial losses and damages may be incurred by these persons if Affiliate's ’s representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Merger Agreement and has discussed the requirements of this Agreement with Affiliate's ’s professional advisors, who are qualified to advise Affiliate with regard to such matters.

Acknowledgments by Affiliate. Affiliate acknowledges and understands ---------------------------- that the representations, warranties and covenants by Affiliate set forth herein shall be relied upon by Parent, the Company and their respective affiliates, counsel and accounting firms, and that substantial losses and damages may be incurred by these persons if Affiliate's representations, warranties or covenants are breached. Affiliate has carefully read this Agreement and the Reorganization Agreement and has discussed the requirements of this Agreement with Affiliate's professional advisors, who are qualified to advise Affiliate with regard to such matters.