Representations, Warranties and Certain Agreements of the Company. The Company hereby represents and warrants to each Purchaser that, except as set forth in the SEC Documents (as defined below):
Representations, Warranties and Certain Agreements of the Company. The Company represents and warrants to each of the Dealer Managers, and agrees with each of the Dealer Managers, as of the date hereof, as of the date of commencement of the Offer pursuant to Section 13(e) of the 1934 Act (if different than the date hereof) (the "COMMENCEMENT DATE") and as of the date on which the Securities are accepted by the Company pursuant to the Offer (the "ACCEPTANCE DATE") (unless another date is specifically referenced in which case the representation and warranty shall speak as of such date):
Representations, Warranties and Certain Agreements of the Company. The Company represents and warrants to you, and agrees with you, that as of the Commencement Date and at all times at or prior to the time when the Exchange Offer is consummated (the “Closing Date”):
Representations, Warranties and Certain Agreements of the Company. The Company hereby represents and warrants to the Purchaser that except as disclosed (a) in the Company’s (i) Annual Report on Form 10-K for the year ended December 31, 2007, (ii) Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2008 and (iii) Proxy Statement for its 2008 annual meeting of stockholders, including documents filed or incorporated by reference as exhibits thereto but excluding disclosure referred to in the “Risk Factors” and “Note Regarding Forward Looking Statements” sections thereof or (b) in the disclosure schedule (with specific reference to the Section or subsection of this Agreement to which the information stated in such disclosure schedule relates) delivered by the Company to the Purchaser simultaneously with the execution of this Agreement and attached hereto as Exhibit D (the “Disclosure Letter”):
Representations, Warranties and Certain Agreements of the Company. The Company hereby represents and warrants to Purchaser as follows, each of which shall be true and correct as of the Execution Date, Closing Date and the Effective Time:
Representations, Warranties and Certain Agreements of the Company. Except as set forth in the Company Disclosure Schedule (as defined in the Merger Agreement), which is being delivered to you hereunder, incorporated by reference herein and is attached to this Agreement as Exhibit B, which exceptions and other information included therein, as supplemented by the information provided on Exhibit C hereto, shall be deemed to be part of the representations and warranties made hereunder, the Company hereby represents and warrants to each Purchaser as follows. The Company Disclosure Schedule shall be arranged in parts and subparts corresponding to the numbered and lettered Sections and subsections contained in Section 2 of the Merger Agreement. The disclosures in any part or subpart of the Company Disclosure Schedule shall qualify other Sections and subsections in Section 2 of the Merger Agreement only to the extent it is reasonably apparent from the face of the disclosure that such disclosure is applicable to such other Sections and subsections of the Merger Agreement.
Representations, Warranties and Certain Agreements of the Company. The Company represents and warrants to you, and agrees with you, (i) on and as of the date on which the Exchange Offer is first commenced (the "Commencement ------------ Date"), (ii) on and as of the effective date of the Registration Statement (the ---- "Effective Date"), and (iii) as of the date that the Old Securities are accepted -------------- for exchange (the "Acceptance Date"), that: ---------------
Representations, Warranties and Certain Agreements of the Company. The Company hereby represents and warrants, as of the date hereof and as of the Closing Date (unless otherwise specifically provided) to the Holders, and agrees with each Holder as follows: (a)
Representations, Warranties and Certain Agreements of the Company. The Company represents and warrants to you, and agrees with you, that (except that the Company makes no representations or warranties as to you, any of your affiliates or any persons acting on your behalf):
Representations, Warranties and Certain Agreements of the Company and the Trust. Each of the Company and the Trust jointly and severally ------------- represents and warrants to you, and agrees with you (other than with respect to Sections 8(d), (k) through (m), (o) through (u), (w), (y), (aa), Subsection 8(c)(i) and Section 8(j) (with respect to the Guarantee), as to which only the Company represents and warrants to you and agrees with you), that as of the Commencement Date and at all times on or prior to the date when the Exchange Offer is consummated (the "Closing Date"):
