REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. Each of Holdings and the Company represents and warrants to each Investor, as of the date hereof, as set forth below:
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. In order to induce the Purchasers to enter into this Agreement and to purchase the Unsecured Notes and Warrants, each of Holdings and the Company represents and warrants to each Purchaser that:
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. Holdings and the Company jointly and severally represent and warrant as follows as of the date hereof and as of the Closing Date (after giving effect to the consummation of the Acquisition Transactions and the other transactions contemplated hereby):
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. Holdings and the Company, jointly and severally, represent and warrant to Parent and Acquisition, except as set forth in the Holdings/Company Disclosure Letter dated of even date 8 15 herewith that is being delivered to Parent concurrently herewith (the "Holdings/Company Disclosure Letter"), as follows:
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. Except with respect to matters set forth in the Company Disclosure Schedules (it being agreed that any matter disclosed in the Company Disclosure Schedules with respect to any section of this Agreement shall be deemed to have been disclosed with respect to any other section to the extent the applicability thereto is reasonably apparent from the face of such disclosure), Holdings and the Company jointly and severally represent and warrant to each Acquiror Party as of the date of this Agreement, as follows:
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. As an inducement to the Trustee to enter into this Agreement and to consummate the Exchange contemplated hereby, each of the Holdings and the Company hereby represent and warrant to the Trustee as and to the extent provided in Sections 4.1, 4.2, 4.4(a) (first three sentences only), 4.4(b) and 4.5 of the Merger Agreement.
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. Each of Holdings and the Company represents and warrants to each Investor, in each case after giving effect to the Acquisition, that:
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. Holdings and the Company represent and warrant to PTI as follows, except as set forth in the written disclosure schedule delivered by the Company to PTI (the “Company Disclosure Schedule”). The Company Disclosure Schedule shall be arranged in sections and subsections corresponding to the numbered and lettered sections and subsections contained in this Article 2. The disclosures in any section or subsection of the Company Disclosure Schedule shall qualify other sections and subsections in this Article 2 to the extent it is reasonably clear from a reading of the disclosure that such disclosure is applicable to such other sections and subsections. The inclusion of any information in the Company Disclosure Schedule (or any update thereto) shall not be deemed to be an admission or acknowledgment, in and of itself, that such information is required by the terms hereof to be disclosed, is material, has resulted in or would result in a Company Material Adverse Effect, or is outside the Ordinary Course of Business. Following the Company Reorganization, any reference to “Holdings” in this Article 2 shall be deemed to refer to the surviving corporation of such Company Reorganization.
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. In order to induce the Purchaser to enter into this Agreement and to purchase the Secured PIK Note, each of Holdings and the Company represents and warrants to the Purchaser on the Closing Date that:
REPRESENTATIONS AND WARRANTIES OF HOLDINGS AND THE COMPANY. Holdings and the Company hereby jointly and severally represent and warrant to Purchaser and Merger Sub that:
