Common use of Representations in Merger Agreement Clause in Contracts

Representations in Merger Agreement. Acquiror represents and warrants to each Stockholder that the representations and warranties set forth in Article V of the Merger Agreement were (or will be) true and correct when made and on and as of the date of any action taken by Acquiror hereunder (including without limitation exercise of the Option) with the same effect as though such representations and warranties had been made on and as of such date (except for representations and warranties that speak as of a specific date or time, which need only be true and correct as of such date or time), except where the failure of such representations and warranties to be so true and correct (without giving effect to any limitation as to "materiality" or "Acquiror Material Adverse Effect" set forth therein) does not have an Acquiror Material Adverse Effect, and such representations and warranties shall be deemed incorporated herein; provided, however, that incorporated representations and warranties which relate to the Merger Agreement shall be deemed for purposes of this Section to have been modified to relate only to this Agreement.