Representations and Warranties of IBM. IBM represents and warrants to MSL that the statements contained in this Section 14.1 are correct and complete, and the following representations and warranties shall be deemed to have been made again on and as of the Effective Date. The effectiveness of this Agreement shall be subject to the condition that IBM deliver to MSL a certificate on and as of the Effective Date that such representations and warranties are correct and complete as of such date. "To the best of IBM's knowledge" shall be defined as the information available to IBM Charlotte Management after due inquiry as of the Effective Date. A materially adverse effect shall be defined as an outcome where MSL is unable to acquire appropriate title for assets to be purchased under this Agreement.
Appears in 4 contracts
Samples: Outsourcing Agreement (Manufacturers Services LTD), Outsourcing Agreement (Manufacturers Services LTD), Outsourcing Agreement (Manufacturers Services LTD)
