Common use of REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub represent and warrant to Target that the statements contained in this Article III are true and correct, except as set forth in the disclosure letter delivered by Acquiror to Target on the date of the execution and delivery of this Agreement (the "Acquiror Disclosure Letter"). The Acquiror Disclosure Letter shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs contained in this Agreement, and the disclosure in any paragraph shall qualify only the corresponding paragraph in this Agreement unless a cross reference is made to another paragraph which such disclosure also qualifies. Any reference in this Article III to an agreement being "enforceable" shall be deemed to be qualified to the extent such enforceability is subject to (a) laws of general application relating to bankruptcy, insolvency, moratorium and the relief of debtors, and (b) the availability of specific performance, injunctive relief and other equitable remedies.

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub represent and warrant to Target that the statements contained in this Article III are true and correct, except as set forth in the disclosure letter Disclosure Letter delivered by Acquiror to Target on the date of to prior to the execution and delivery of this Agreement (the "Acquiror Disclosure Letter"). The Acquiror Disclosure Letter shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs contained in this AgreementArticle III, and the disclosure in any paragraph shall qualify only the corresponding paragraph in this Agreement Article III unless a cross reference is made to another paragraph which such disclosure also qualifies. Any reference in this Article III to an agreement being "enforceable" shall be deemed to be qualified to the extent such enforceability is subject to (ai) laws of general application relating to bankruptcy, insolvency, moratorium and the relief of debtors, and (bii) the availability of specific performance, injunctive relief and other equitable remedies.

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub represent and warrant to Target that the statements contained in this Article III are true and correct, except as set forth in the disclosure letter delivered by Acquiror to Target on the date of the execution and delivery of this Agreement (the "Acquiror Disclosure Letter"). The Acquiror Disclosure Letter shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs contained in this Agreement, and the disclosure in any paragraph shall qualify only the corresponding paragraph in this Agreement unless a cross reference is made to another paragraph which that such disclosure also qualifies. Any reference in this Article III to an agreement being "enforceable" shall be deemed to be qualified to the extent such enforceability is subject to (a) laws of general application relating to bankruptcy, insolvency, moratorium and the relief of debtors, and (b) the availability of specific performance, injunctive relief and other equitable remedies.

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub represent and warrant to Target that the statements contained in this Article III are true and correct, except as set forth in the disclosure letter schedule delivered by Acquiror to Target on the date of prior to the execution and delivery of this Agreement (the "Acquiror Disclosure LetterSchedule"). The Acquiror Disclosure Letter Schedule shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs contained in this AgreementArticle III, and the disclosure in any paragraph shall qualify only the corresponding paragraph in this Agreement unless a cross reference is made to another paragraph which such disclosure also qualifiesArticle III. Any reference in this Article III to an agreement being "enforceable" shall be deemed to be qualified to the extent such enforceability is subject to (ai) laws of general application relating to bankruptcy, insolvency, moratorium and the relief of debtors, and (bii) the availability of specific performance, injunctive relief and other equitable remedies.

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub Sub, jointly and severally, represent and warrant to Target that the statements contained in this Article III are true and correct, except as set forth in the disclosure letter schedule delivered by Acquiror to Target on the date of prior to the execution and delivery of this Agreement Agreement, as amended in accordance with Section 5.8(b), subject to the last sentence of Section 5.8(b) (the "Acquiror Disclosure LetterSchedule"). The Acquiror Disclosure Letter Schedule shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs contained in this AgreementArticle III, and the disclosure in any paragraph shall qualify only the corresponding paragraph in this Agreement unless a cross reference is made to another paragraph which such disclosure also qualifiesArticle III. Any reference in this Article III to an agreement being "enforceable" shall be deemed to be qualified to the extent such enforceability is subject to (ai) laws of general application relating to bankruptcy, insolvency, moratorium and the relief of debtors, and (bii) the availability of specific performance, injunctive relief and other equitable remedies.

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub represent and warrant to Target that the statements contained in this Article III are true and correct, except as set forth in the disclosure letter schedule delivered by Acquiror to Target on the date of prior to the execution and delivery of this Agreement (the "Acquiror Disclosure LetterACQUIROR DISCLOSURE SCHEDULE"). The Acquiror Disclosure Letter Schedule shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs Sections contained in this AgreementArticle III, and the disclosure in any paragraph Section shall qualify only the corresponding paragraph Section in this Agreement unless a cross reference is made to another paragraph which such disclosure also qualifiesArticle III. Any reference in this Article III to an agreement being "enforceableENFORCEABLE" shall be deemed to be qualified to the extent such enforceability is subject to (ai) laws of general application relating to bankruptcy, insolvency, moratorium moratorium, fraudulent conveyance and the relief of debtors, debtors and (bii) the availability of specific performance, injunctive relief and other equitable remedies.

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub represent and warrant to Target that the statements contained in this Article ARTICLE III are true and correct, except as set forth in the disclosure letter schedule delivered by Acquiror to Target on the date of prior to the execution and delivery of this Agreement (the "Acquiror Disclosure LetterACQUIROR DISCLOSURE SCHEDULE"). The Acquiror Disclosure Letter Schedule shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs Sections contained in this AgreementARTICLE III, and the disclosure in any paragraph Section shall qualify only the corresponding paragraph Section in this Agreement unless a cross reference is made to another paragraph which such disclosure also qualifiesARTICLE III. Any reference in this Article ARTICLE III to an agreement being "enforceableENFORCEABLE" shall be deemed to be qualified to the extent such enforceability is subject to (ai) laws of general application relating to bankruptcy, insolvency, moratorium moratorium, fraudulent conveyance and the relief of debtors, debtors and (bii) the availability of specific performance, injunctive relief and other equitable remedies.

REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUB. Acquiror and Merger Sub Sub, jointly and severally, represent and warrant to Target that the statements contained in this Article III are true and correct, except as set forth in the disclosure letter schedule delivered by Acquiror to Target on the date of prior to the execution and delivery of this Agreement (the "Acquiror Disclosure LetterSchedule"). The Acquiror Disclosure Letter Schedule shall be arranged in paragraphs corresponding to the numbered and lettered paragraphs contained in this AgreementArticle III, and provided that items disclosed for any particular section herein shall be deemed disclosed for all purposes where the disclosure in any paragraph shall qualify only the corresponding paragraph in this Agreement unless a cross reference is made to another paragraph which such disclosure also qualifiescontext reasonably relates. Any reference in this Article III to an agreement being "enforceable" shall be deemed to be qualified to the extent such enforceability is subject to (ai) laws of general application relating to bankruptcy, insolvency, moratorium and the relief of debtors, and (bii) the availability of specific performance, injunctive relief and other equitable remedies.