Common use of Representations and Warranties in Merger Agreement Clause in Contracts

Representations and Warranties in Merger Agreement. All representations and warranties of the Company set forth in the Merger Agreement are true and correct in all material respects as of the Closing Date as if such representations and warranties were made on and as of such date, unless stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date.

Representations and Warranties in Merger Agreement. All representations and warranties of the Company set forth in the Merger Agreement are were true and correct in all material respects as of the Closing time such representations and warranties were made and shall be true and correct in all material respects as -43- -35- of the Initial Borrowing Date as if such representations and warranties were made on and as of such date, unless stated to relate to a specific earlier date, in which case such representations and warranties were shall be true and correct in all material respects as of such earlier date.

Representations and Warranties in Merger Agreement. All representations and warranties of the Company set forth in the Merger Agreement are were true and correct in all material respects as of the Closing time such representations and warranties were made and shall be true and correct in all material respects as -93- -35- of the Initial Borrowing Date as if such representations and warranties were made on and as of such date, unless stated to relate to a specific earlier date, in which case such representations and warranties were shall be true and correct in all material respects as of such earlier date.