Common use of ADEQUACY AND FUNCTIONALITY OF COMPANY PRODUCTS Clause in Contracts

ADEQUACY AND FUNCTIONALITY OF COMPANY PRODUCTS. The assets of the Company, including, without limitation, the source code and products of the Company, are now and following the Closing will be sufficient for the conduct of the business of the Company in the same manner as the business is now conducted. The Owned Software now performs, and following the Closing will perform, substantially in accordance with applicable user documentation provided by the Company to the customers using such Owned Software, and does not contain and is not subject to any operational defect or limitation which is reasonably likely to substantially impair the capability or effectiveness of the Owned Software to achieve its functions described in such user documentation. The Owned Software contains all current revisions of such software in the Company's possession, and includes all source code, object code, forms of such software and all computer programs, materials processes, tapes, and know-how related to such Owned Software. The Company has delivered to the Parent complete and correct copies of the current version of all user documentation in the Company's possession related to the Owned Software.

ADEQUACY AND FUNCTIONALITY OF COMPANY PRODUCTS. The assets of the ---------------------------------------------- Company, including, without limitation, the source code and products of the Company, are now and following the Closing will be sufficient for the conduct of the business of the Company in the same manner as the business is now conducted. The Owned Software now performs, and following the Closing will perform, substantially in accordance with applicable user documentation provided by the Company to the customers using such Owned Software, and does not contain and is not subject to any operational defect or limitation which is reasonably likely to substantially impair the capability or effectiveness of the Owned Software to achieve its functions described in such user documentation. The Owned Software contains all current revisions of such software in the Company's possession, and includes all source code, object code, forms of such software and all computer programs, materials processes, tapes, and know-how related to such Owned Software. The Company has delivered to the Parent complete and correct copies of the current version of all user documentation in the Company's possession related to the Owned Software.