Product Warranty. Each product manufactured, sold, leased, licensed or delivered by the Company has been in conformity with all applicable contractual commitments and all applicable warranties, and the Company has no liability or obligation for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.
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Samples: Agreement and Plan of Merger (Basin Water, Inc.), Agreement and Plan of Merger (Basin Water, Inc.), Stock Purchase and Sale Agreement (Zhone Technologies Inc)
Product Warranty. Each product manufactured, sold, leased, licensed or delivered by the Company or any of its subsidiaries has been in conformity with all applicable contractual commitments and all applicable express and implied warranties, and neither the Company nor any of its subsidiaries has any material liability (and there is no liability basis for any present or obligation future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any liability) for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Ecosphere Technologies Inc), Unit Purchase Agreement (Ecosphere Technologies Inc)
Product Warranty. Each product manufactured, sold, leased, licensed leased or delivered by the Company has been in conformity with all applicable contractual commitments and all applicable expressed or implied warranties, and the Company has does not have any Liability (and there is no liability basis for any present or obligation future action, suit, Proceeding, hearing, investigation, charge, complaint, or demand against the Company with respect to any Liabilities) for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.
Appears in 2 contracts
Samples: Stock Subscription Agreement (Probe Manufacturing Inc), Stock Subscription Agreement (Probe Manufacturing Inc)
Product Warranty. Each product manufactured, sold, leased, licensed leased or delivered by the Company has been in conformity with all applicable contractual commitments and all applicable express and implied warranties, and the Company has no liability (and there is no basis for any present or obligation future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company giving rise to any liability) for replacement or repair thereof or other damages in connection therewith, therewith other than liabilities in respect of the ordinary course of business and subject only to the reserve for standard product warranty claims warranties set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.on
Appears in 1 contract
Samples: Asset Purchase Agreement (Lower Road Associates LLC)
Product Warranty. Each product manufactured, sold, leased, licensed leased or delivered by in connection with the Company has been operation of the Company's business is in conformity with all applicable contractual commitments contracts and all applicable express and implied warranties, and the Company has no liability or obligation (and to the Company's knowledge there is no basis for any assertion of liability) for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.
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Product Warranty. Each product All products manufactured, sold, leased, licensed distributed or delivered by by, and all services provided by, the Company has (or any Person for which the Company may be responsible) have been in conformity with all applicable contractual commitments and all applicable express and implied warranties, and the Company has no liability or obligation Liability for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.
Appears in 1 contract
Samples: Merger Agreement (Rimage Corp)
Product Warranty. Each product manufactured, sold, leased, licensed or delivered Company Product and service provided by the Company has been provided in material conformity with all applicable contractual commitments by which the Company is bound, and all applicable warrantiesexpress warranties by which the Company is bound, and the Company has no liability or obligation does not have any material Liability for replacement or repair thereof or other damages in connection therewiththereof, other than Liabilities for which reserves have been established as set forth in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Latest Balance Sheet (rather than in any and, if applicable, the notes thereto) and the Interim Balance Sheet.
Appears in 1 contract
Samples: Merger Agreement (Actua Corp)
Product Warranty. Each product All products and equipment manufactured, sold, leased, licensed leased or delivered by the Company has and all services rendered by the Company have been in conformity with all applicable contractual commitments and all applicable express and implied warranties, and the Company has no does not have any liability or obligation for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.connection
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Product Warranty. Each product All of the products manufactured, sold, leased, licensed or and delivered by the Company has been and its Subsidiaries conform in conformity all material respects with all recipes, formulas, applicable contractual commitments and all applicable express and implied warranties, and the Company has no liability and its Subsidiaries do not have any material Liability or obligation for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance SheetFinancial Statements.
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Product Warranty. Each product manufactured, sold, leased, licensed or delivered by the Company has been in conformity with all applicable contractual commitments and all applicable express and implied warranties, and the Company has no liability or obligation for replacement or repair thereof or other damages in connection therewith. No product manufactured, other than in sold, or delivered by the ordinary course Company is subject to any guaranty, warranty, or indemnity beyond the applicable standard terms and conditions of business sale, which standard terms and subject only to the reserve for product warranty claims conditions of sale are set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance SheetSchedule 2.1.21.
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