Common use of Representations and Warranties of the Barington Group Clause in Contracts

Representations and Warranties of the Barington Group. Each member of the Barington Group represents and warrants to the Company that (i) this Agreement has been duly authorized, executed and delivered by such member, and is a valid and binding obligation of such member, enforceable against such member in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the rights of creditors and subject to general equity principles; and (ii) as of September 21, 2007 and as of the date of this Agreement, the members of the Barington Group, together with their respective Affiliates and Associates, beneficially own in the aggregate 1,694,321 shares of Common Stock (the “Barington Group Shares”).

Representations and Warranties of the Barington Group. Each member of the Barington Group represents and warrants to the Company that (i) this Agreement has been duly authorized, executed and delivered by such member, and is a valid and binding obligation of such member, enforceable against such member in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the rights of creditors and subject to general equity principles; and (ii) as of September 21, 2007 and as of the date of this Agreement, the members of the Barington Group, together with their Group and its members' respective Affiliates and Associates, beneficially Associates currently own in the aggregate 1,694,321 2,684,495 shares of Common Stock (the “"Barington Group Shares”").

Representations and Warranties of the Barington Group. Each member of the Barington Group represents and warrants to the Company that (i) this Agreement has been duly authorized, executed and delivered by such member, and is a valid and binding obligation of such member, enforceable against such member in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the rights of creditors and subject to general equity principles; and (ii) as of September 21, 2007 and as of the date of this Agreement, the members of the Barington Group, together with their Group and its members’ respective Affiliates and Associates, beneficially Associates currently own in the aggregate 1,694,321 2,684,495 shares of Common Stock (the “Barington Group Shares”).