REPRESENTATIONS AND WARRANTIES OF EDS AND MERGER SUB. Each of EDS and Merger Sub, jointly and severally, hereby represent and warrant to the Company and FPI as follows:
REPRESENTATIONS AND WARRANTIES OF EDS AND MERGER SUB. The representations and warranties of EDS and Merger Sub contained herein or in any other Transaction Agreement shall be true and correct (in the case of representations and warranties qualified as to materiality) or true and correct in all material respects (in the case of representations and warranties that are not so qualified) as of the date of this Agreement and as of the Closing Date with the same effect as though made on the Closing Date, except to the extent otherwise expressly contemplated in connection with the transactions contemplated herein and except to the extent any representation or warranty speaks as of an earlier date.
