Common use of Fundamental Representations Clause in Contracts

Fundamental Representations. “Fundamental Representations” means: (a) the representations and warranties set forth in Sections 3.2, 3.4, 3.5 (other than Sections 3.5(a)(iii) and 3.5(h)(ii)), 3.13 and 3.15; and (b) the representations and warranties set forth in the Seller Closing Certificate to the extent such representations and warranties relate to any of the matters addressed in any of the representations and warranties specified in clause “(a)” of this definition.

Fundamental Representations. “Fundamental Representations” meansshall mean: (a) the representations and warranties set forth in Sections 3.22.1, 3.42.3, 3.5 (other than Sections 3.5(a)(iii2.14, 2.20, 2.21(a), 2.21(b), 2.21(c) and 3.5(h)(ii)), 3.13 and 3.152.23 of the Agreement; and (b) the representations and warranties set forth in the Seller Closing Certificate Merger Consideration Certificate, to the extent such representations and warranties relate to any of the matters addressed in any of the representations and warranties specified in clause “(a)” of this definitionsentence.