REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND THE STOCKHOLDERS. Each of the Stockholders, jointly and severally, and the Company represent and warrant that all of the following representations and warranties in this Section 5(A) are true at the date of this Agreement, and that such representations and warranties shall survive the Consummation Date for a period of twenty-four months (the last day of such period being the "Expiration Date"), except that the warranties and representations set forth in Sections 5.13 and 5.22 hereof shall survive until such time as the applicable statute of limitations period has run or for five (5) years if there is no applicable statute of limitations, which shall be deemed to be the Expiration Date for Sections 5.13 and 5.22. For purposes of this Section 5, the term "Company" shall mean and refer to the Company and all of its Subsidiaries, if any.
Appears in 8 contracts
Samples: Agreement and Plan of Organization (Pentacon Inc), Agreement and Plan of Organization (Pentacon Inc), Agreement and Plan of Organization (Pentacon Inc)
