Common use of Merger Agreement Representations Clause in Contracts

Merger Agreement Representations. The representations and warranties of the Company contained in the Amended and Restated Agreement and Plan of Contribution, Investment and Merger, dated as of June 11, 1999 (the "Merger Agreement"; capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Merger Agreement), among the Purchaser, GE Investments Subsidiary, Inc., Neon Media Corporation, Xenon 2, Inc. and the Company (i) are true and correct in all material respects, in each case, on and as of May 9, 1999 and (ii) in the case of the representations contained in Section 4.3(i) and 4.3(j), are true and correct in all material respects, in each case, on and as of the date hereof and (iii) will be true and in all material respects, in each case, on and as of the Stock Closing, except, in each case, to the extent such representations and warranties by their terms speak as of a specified date, in which case they are true and correct in all material respects as of such date.

Merger Agreement Representations. The representations and -------------------------------- warranties of the Company contained in the Amended and Restated Agreement and Plan of Contribution, Investment and Merger, dated as of June 11, 1999 (the "Merger Agreement"; capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Merger Agreement), among the Purchaser, GE Investments Subsidiary, Inc., Neon Media Corporation, Xenon 2, Inc. and the Company (i) are true and correct in all material respects, in each case, on and as of May 9, 1999 and (ii) in the case of the representations contained in Section 4.3(i) and 4.3(j), are true and correct in all material respects, in each case, on and as of the date hereof and (iii) will be true and in all material respects, in each case, on and as of the Stock Closing, except, in each case, to the extent such representations and warranties by their terms speak as of a specified date, in which case they are true and correct in all material respects as of such date.