REPRESENTATIONS AND WARRANTIES OF INT'X. XXX Except as set forth in the disclosure schedule of INT'X.xxx dated as of January 19, 2000 (the "PRIOR AGREEMENT DATE") and delivered herewith to Parent (the "INT'X.XXX DISCLOSURE SCHEDULE") which identifies the section and subsection to which each disclosure therein relates (PROVIDED, HOWEVER, that INT'X.xxx will be deemed to have adequately disclosed with respect to any section or subsection any matters that are clearly described elsewhere in such document if the applicability of such disclosure to such non-referenced sections or subsections is apparent), and whether or not the INT'X.xxx Disclosure Schedule is referred to in a specific section or subsection, INT'X.xxx represents and warrants to Parent and Merger Sub as follows:
REPRESENTATIONS AND WARRANTIES OF INT'X. XXX. The representations and warranties of INT'X.xxx set forth in this Agreement will be true and correct in all material respects as of the Prior Agreement Date and as of the Closing Date as though made on and as of the Closing Date, except (i) as otherwise contemplated by this Agreement, (ii) as a result of actions taken or not taken pursuant to this Agreement or at the direction of or after consultation with and written concurrence of Parent, (iii) for representations and warranties specifically limited to an earlier date(s) and (iv) for breaches which, individually or in the aggregate, would not have a material adverse effect on the Business Condition of INT'X.xxx. Parent will have received a certificate signed by the chief executive officer and the chief financial officer of INT'X.xxx to such effect on the Closing Date.
REPRESENTATIONS AND WARRANTIES OF INT'X. XXX............................................................8
REPRESENTATIONS AND WARRANTIES OF INT'X. XXX............ 7 3.1 Organization, Standing and Power; Subsidiaries.............. 7 3.2 Capital Structure........................................... 8 3.3 Authority................................................... 9
REPRESENTATIONS AND WARRANTIES OF INT'X. INTX hereby represents and warrants to PEAK6 as follows:
REPRESENTATIONS AND WARRANTIES OF INT'X. XXX ......... 8
