Common use of No Other Representations or Warranties by the Seller Clause in Contracts

No Other Representations or Warranties by the Seller. The Purchaser agrees that except for the representations and warranties (including the Schedules with respect thereto) made by the Company and expressly set forth in Section 4.01 of this Agreement, neither the Company nor any of its subsidiaries or representatives thereof has made and shall not be construed as having made to the Purchaser or to any representative or affiliate thereof, and neither the Purchaser nor any affiliate nor any representative thereof has relied upon, any other representation or warranty of any kind. Without limiting the generality of the foregoing, the Purchaser agrees that neither the Company nor any of its subsidiaries or representatives thereof makes or has made any representation or warranty to the Purchaser or to any representative or affiliate thereof with respect to: (i) any projections, estimates or budgets heretofore or hereafter delivered to or made available to the Purchaser or its counsel, accountants, advisors, lenders, representatives or affiliates of future revenues, expenses or expenditures, future results of operations (or any component thereof), future cash flows (or any component thereof) or future financial condition of the Company and its subsidiaries or the future business, operations or affairs of the Company and its subsidiaries; and (ii) any other information, statement or documents heretofore or hereafter delivered to or made available to the Purchaser or its counsel, accountants, advisors, lenders, representatives or affiliates with respect to the Company and its subsidiaries or the business, operations or affairs of the Company and its subsidiaries; except to the extent expressly covered by a representation and warranty (including the Schedules with respect thereto) contained in Section 4.01 hereof; provided, however that nothing in this Section 4.02(g) will prohibit the Purchaser or the Merger Subsidiary from asserting a fraud claim with respect to the enforcement of their rights pursuant to this Agreement nor shall this Section 4.02(g) be asserted in defense of any such fraud claim.