REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. Seller and the Shareholder, jointly and severally, represent and warrant to Buyer as follows:
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. Seller and the Shareholder hereby jointly and severally represent and warrant to Buyer and New Horizons as follows:
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. In order to induce Bridgeline Digital to enter into this transaction, the Seller and the Shareholder represent and warrant to Bridgeline Digital that, except as set forth in the disclosure schedules of Seller (the “Disclosure Schedules”), the statements made in this Article II are true and correct as of the date hereof, except to the extent such representations and warranties are specifically made as of a particular date (in which case such representations and warranties will be true and correct as of such date). The Disclosure Schedule will be arranged in paragraphs corresponding to the numbered and lettered sections contained in this Article II and the disclosure in any paragraph shall qualify other sections in this Article II to the extent that it is apparent from a reading of such disclosure that it also qualifies or applies to such other sections. Whenever in this Article II the term “to the knowledge of the Seller” is used, it shall mean the actual knowledge of Xxxxxxxx Xxxxxxx and Xxxxxxx Xxxxxxx.
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. As a material inducement to Buyer and OMGI to enter into this Agreement and to consummate the transactions contemplated hereby, each of Seller and Shareholder jointly and severally represents and warrants, to the best of their respective Knowledge (and all of the following representations and warranties are qualified accordingly), the following to Buyer and to OMGI:
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. Seller and the Shareholder hereby jointly and severally represent and warrant to TJC as follows:
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. 12 4.1 Incorporation..................................................................................12 4.2
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. Seller and the Shareholder, jointly and severally, represent and warrant to Purchaser, as of the date of this Agreement and as of the Closing Date, as follows:
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. For purposes of this Section 5, the term "Seller's knowledge" shall mean the actual knowledge or that knowledge reasonably imputed to a prudent person engaged in the same line of business, or any officer, director or employee of Seller or Shareholder. Seller and the Shareholder, jointly and severally, hereby represent and warrant to Purchaser as follows:
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. 13 4.1 Representations and Warranties of Seller and the Shareholders. 13 4.2
REPRESENTATIONS AND WARRANTIES OF SELLER AND THE SHAREHOLDER. Seller and the Shareholder, jointly and severally, represent and warrant to Buyer that the statements contained in this Article IV are true and correct, except as set forth in the disclosure schedule attached hereto as Exhibit A (the --------- "Seller Disclosure Schedule"). Any reference in this Article IV to an agreement being "enforceable" shall be deemed to be qualified to the extent such enforceability is subject to (i) laws of general application relating to bankruptcy, insolvency, moratorium and the relief of debtors, and (ii) the availability of specific performance, injunctive relief and other equitable remedies.
