Representations and Warranties of BCC. BCC represents and warrants that (i) this Agreement constitutes a legal, valid and binding obligation of BCC, was duly authorized, executed and delivered by BCC, and is fully enforceable against BCC in accordance with its terms (except as may be limited by bankruptcy and creditor's rights laws and general principles of equity), (ii) BCC is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and is duly authorized and qualified to do all things required of it under this Agreement; (iii) neither this Agreement nor any agreement, document or instrument executed or to be executed in connection herewith, violates the terms of any other agreement to which BCC is a party and (iv) the recitals set forth above are hereby incorporated by this reference and made a part of this Agreement, and BCC represents and warrants that such recitals are true and correct. Any material breach by BCC of the representations and warranties set forth herein shall be a default under this Agreement.
Representations and Warranties of BCC. (i) Other than the representations and warranties set forth in Section 4.1(b), Section 4.1(c) and Section 4.1(e), each of the representations and warranties of BCC set forth in this Agreement shall be true and correct (without giving effect to any qualification as to materiality or Material Adverse Effect contained in Article 2) as of the date of this Agreement and as of the Closing as though made on and as of the Closing (except that representations and warranties that by their terms speak specifically as of the date of this Agreement or another date shall be true and correct as of such date), except where any failures of any such representations and warranties to be true and correct would not reasonably be expected to have a Material Adverse Effect, and (ii) the representations and warranties set forth in Section 4.1(b), Section 4.1(c) and Section 4.1(e) shall be true and correct in all material respects as of the date of this Agreement and as of the Closing as though made on and as of the Closing (except that representations and warranties that by their terms speak specifically as of the date of this Agreement or another date shall be true and correct in all material respects as of such date).
Representations and Warranties of BCC. BCC represents and warrants to Trupet that the statements contained in this Section 4.1 are true and correct as of the date hereof and will be true and correct as of the Closing Date, except as modified by the Disclosure Schedules of BCC attached to this Agreement, which Disclosure Schedules shall be deemed a part hereof and shall qualify any representation made herein only to the extent of the disclosure contained in the corresponding section of the Disclosure Schedules or to the extent that such qualification is reasonably apparent:
Representations and Warranties of BCC. BCC hereby represents and warrants to the Purchaser, as of the date hereof, as follows:
Representations and Warranties of BCC. BCC represents and warrants that:
Representations and Warranties of BCC. At each Closing BCC represents and warrants to and agrees with Amtran that:
Representations and Warranties of BCC. BCC hereby represents and warrants to the Company as follows:
Representations and Warranties of BCC. As a material inducement to FPH to enter into this Agreement and exchange the Class C Common for shares of Class A Common, BCC hereby represents and warrants to FPH that:
Representations and Warranties of BCC. BCC represents and warrants to IPC as follows:
Representations and Warranties of BCC. BCC hereby represents and warrants to SurfNet that:
