Representations and Warranties of WEST. 11 Section 4.01 Incorporation by Reference of Representations and Warranties in the Merger Agreement...........11 Section 4.02 Authorization; No Contravention................................................................11 Section 4.03 Consents; No Conflicts.........................................................................11 Section 4.04 Court Orders...................................................................................12 Section 4.05 Information Provided...........................................................................12 Section 4.06 Financial Advisors and Brokers.................................................................12 Section 4.07 Commercial Opportunity.........................................................................12
Representations and Warranties of WEST. West hereby represents and warrants to each Investor as follows:
Representations and Warranties of WEST. As an inducement to the other parties to enter into this Agreement, WEST hereby makes the following representations and warranties as of the Initial Closing Date and as of each Delivery Date:
Representations and Warranties of WEST. Subject to and giving effect to Sections 3.1 and 3.2 and except as set forth in its Disclosure Letter, West (and Merger Sub, as indicated) hereby represents and warrants to Raindance that:
Representations and Warranties of WEST. As an inducement to the other parties to enter into this Agreement, WEST hereby makes the following representations and warranties as of the Initial Closing Date and as of each Delivery Date: [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. Confidential Treatment Requested: Information for which confidential treatment has been requested is omitted and is noted with asterisks. An unredacted version of this document has been filed separately with the Securities and Exchange Commission.
Representations and Warranties of WEST. West represents and warrants to East as follows:
Representations and Warranties of WEST. WEST represents (as of the initial Closing Date and as of each Funding Date on which a Loan is made by a Series A2 Noteholder pursuant to the Supplement and this Agreement, unless otherwise indicated) and warrants to, and agrees with, the Series A2 Noteholders that:
Representations and Warranties of WEST. Except as set forth in the disclosure letter (subject to Section 7.12(c) of this Agreement) delivered to East by West prior to entering into this Agreement (the “West Disclosure Letter”) or, to the extent the qualifying nature of such disclosure with respect to a specific representation and warranty is readily apparent therefrom, as set forth in the West Reports (as defined in Section 3.1(e)) filed on or after January 1, 2005 and prior to the date hereof (excluding any disclosures included in any such West Report that are predictive or forward-looking in nature), West hereby represents and warrants to East and Merger Sub that:
Representations and Warranties of WEST. WEST represents and warrants to, as of the Closing Date, and agrees with, the Initial Series 2008-B1 Holder that:
Representations and Warranties of WEST. WEST represents and warrants to, as of the Effective Date and as of each Funding Date, and agrees with, the Series 2007-B2 Holders that:
