Common use of No Additional Representations; Disclaimer Regarding Estimates and Projections Clause in Contracts

No Additional Representations; Disclaimer Regarding Estimates and Projections. (i) Investor acknowledges that none of Seller or any of its Affiliates (including the FinanceCo Companies and Seller's other Subsidiaries) or Representatives or other Person acting on behalf of Seller or such Affiliate (collectively, the "Seller Group Persons"), has made any representation or warranty, express or implied, as to the (A) condition, merchantability, suitability or fitness for a particular purpose of any of the assets used or held by the FinanceCo Companies or their Affiliates or (B) accuracy or completeness of any information regarding any FinanceCo Company or their Affiliates, in each case except that Seller and the Company have made the representations expressly set forth in this Agreement. Investor represents that it has not relied, and will not rely, on any representation or warranty of any Seller Group Person, except for the express representations of Seller and the Company contained in this Agreement, as it may hereafter be amended. Investor further agrees that no Seller Group Person will have or be subject to any liability to such Persons or any other Person resulting from the distribution to such Persons, or such Persons' use of, any such information, including the Confidential Information Package regarding the Company dated November 2005, the Financial Projections Package and Supplemental Information Package dated November 2005 and any information, document, or material made available to such Persons in certain "data rooms," management presentations or any other form, at any time prior to the date hereof, in expectation of the transactions contemplated by this Agreement.

No Additional Representations; Disclaimer Regarding Estimates and Projections. (ia) Investor Buyer acknowledges that none of neither Seller or nor any of its Affiliates (including the FinanceCo Companies and Seller's other Subsidiaries) or Representatives or any other Person acting on behalf of Seller or such Affiliate (collectively, the "Seller Group Persons"), i) has made any representation or warranty, express or implied, including any implied representation or warranty as to the (A) condition, merchantability, suitability or fitness for a particular purpose of any of the assets used in the business of, or held by the FinanceCo Companies or their Affiliates by, Seller or (Bii) has made any representation or warranty, express or implied, as to the accuracy or completeness of any information regarding Seller, its business or any FinanceCo Company or their of its Affiliates, in each case except that Seller and the Company have made the representations as expressly set forth in this AgreementAgreement or as and to the extent required by this Agreement to be disclosed on the Seller Disclosure Schedule hereto. Investor represents Buyer agrees that it has not relied, and will not rely, neither Seller nor any of its Affiliates or any other Person acting on any representation or warranty of any Seller Group Person, except for the express representations behalf of Seller and the Company contained in this Agreement, as it may hereafter be amended. Investor further agrees that no Seller Group Person will have or be subject to any liability Liability, except as specifically set forth in this Agreement and the Related Documents, to such Persons Buyer or any other Person Affiliate of Buyer resulting from the distribution to such PersonsBuyer or its Affiliates, for its or such Persons' use oftheir use, of any such information, including the Confidential Summary Information Package regarding the Company Package, dated November 20052000, the Financial Projections Package and Supplemental Information Package dated November 2005 distributed by First Union Securities, Inc. and any information, document, document or material made available to such Persons Buyer or its Affiliates in certain "data rooms," management presentations or any other form, at any time prior to the date hereof, form in expectation of the transactions contemplated by this Agreement.

No Additional Representations; Disclaimer Regarding Estimates and Projections. (ia) Investor acknowledges Buyer and Acquisition Sub acknowledge that none of Seller SDI, the Company or their affiliates or any of its Affiliates (including the FinanceCo Companies and Seller's other Subsidiaries) or Representatives or other Person acting on behalf of Seller or such Affiliate the Company (collectively, the "Seller Group Persons"), i) has made any representation or warranty, express or implied, including any implied representation or warranty as to the (A) condition, merchantability, suitability or fitness for a particular purpose of any of the assets used in the Business or held by the FinanceCo Companies or their Affiliates Company or (Bii) has made any representation or warranty, express or implied, as to the accuracy or completeness of any information regarding the Company, its business or any FinanceCo Company or their Affiliatesof its affiliates, in each case except that Seller and the Company have made the representations as expressly set forth in this Agreement. Investor represents that it has not relied, Agreement or as and will not rely, to the extent required by this Agreement to be disclosed on any representation or warranty of any Seller Group Person, except for the express representations of Seller and the Company contained in this AgreementDisclosure Schedule hereto. Buyer and Acquisition Sub further agree that none of SDI, as it may hereafter be amended. Investor further agrees that no Seller Group the Company, or their affiliates or any other Person acting on behalf of the Company will have or be subject to any liability liability, except as specifically set forth in this Agreement, to such Persons Buyer, Acquisition Sub or any other Person resulting from the distribution to such PersonsBuyer, or such Persons' use offor Buyer's use, of any such information, including the Confidential Information Package regarding the Company Memorandum, dated November 2005January 2000, the Financial Projections Package and Supplemental Information Package dated November 2005 distributed by First Union Securities, Inc. and any information, document, document or material made available to such Persons Buyer in certain "data rooms," management presentations or any other form, at any time prior to the date hereof, form in expectation of the transactions contemplated by this Agreement.

No Additional Representations; Disclaimer Regarding Estimates and Projections. (i) Investor acknowledges Buyer and Merger Sub acknowledge that none of Seller the Company, its Affiliates or any of its Affiliates (including the FinanceCo Companies and Seller's other Subsidiaries) or Representatives or other Person acting on behalf of Seller or such Affiliate the Company (collectively, the "Seller Group Persons"), a) has made any representation or warranty, express or implied, including any implied representation or warranty as to the (A) condition, merchantability, suitability or fitness for a particular purpose of any of the assets used Assets of or held by the FinanceCo Companies Company or their Affiliates any Subsidiary of the Company or (Bb) has made any representation or warranty, express or implied, as to the accuracy or completeness of any information regarding the Company, its business or any FinanceCo Company or their of its Affiliates, in each case except that Seller and the Company have made the representations as expressly set forth in this Agreement. Investor represents that it has not relied, the certificate delivered pursuant to Section 6.3, or as and will not rely, to the extent required by this Agreement to be disclosed on any representation or warranty of any Seller Group Person, except for the express representations of Seller and the Company contained in this AgreementDisclosure Schedule hereto. Buyer and Merger Sub further agree that none of the Company, as it may hereafter be amended. Investor further agrees that no Seller Group its Affiliates or any other Person acting on behalf of the Company will have or be subject to any liability Liability, except as specifically set forth in this Agreement, to such Persons Buyer, Merger Sub or any other Person resulting from the distribution to such PersonsBuyer, or such Persons' use offor Buyer’s use, of any such information, including the Confidential Information Package regarding the Company dated November 2005including, the Financial Projections Package and Supplemental Information Package dated November 2005 and without limitation, any information, document, document or material made available to such Persons Buyer in certain "physical or virtual “data rooms," ” management presentations or any other form, at any time prior to the date hereof, form in expectation of the transactions contemplated by this Agreement.