Common use of Representations, Warranties and Covenants of the Selling Stockholders Clause in Contracts

Representations, Warranties and Covenants of the Selling Stockholders. Other than the representations and warranties of the Selling Stockholders set forth in Section 4.1 and Section 4.4 (the “Selling Stockholder Fundamental Representations”), each of the representations and warranties of the Selling Stockholders contained in this Agreement shall be true and correct in all respects (without giving effect to any limitation as to “materiality” or any similar limitation set forth therein) as of the date of this Agreement and as of the Closing Date as though made on the Closing Date (except to the extent such representations and warranties speak as of an earlier date in which case as of such earlier date) except in all cases where the failure of such representations and warranties to be so true and correct has not and would not reasonably be expected to impair in any material respect the consummation of the Selling Stockholders’ obligations hereunder. Each of the Selling Stockholder Fundamental Representations shall be true and correct as of the date of this Agreement and as of the Closing Date as though made on the Closing Date (except to the extent such representations and warranties speak as of an earlier date in which case as of such earlier date). Each of the covenants and agreements of the Selling Stockholders to be performed on or prior to the Closing shall have been duly performed in all material respects.

Representations, Warranties and Covenants of the Selling Stockholders. Other than the representations and warranties of the Selling Stockholders set forth in Section 4.1 and Section 4.4 (the “Selling Stockholder Fundamental Representations”), each i) All of the representations and warranties of made by the Selling Stockholders contained in this Agreement shall be true and correct, in all material respects, except in the case of representations or warranties that are qualified as to materiality, which shall be true and correct in all respects (without giving effect to any limitation as to “materiality” or any similar limitation set forth therein) respects, as of the date of this Agreement hereof and as of the Closing Date as though made on at and as of the Closing Date (Date, except to the extent such representations and warranties expressly speak as of an earlier date in which case as date; and (ii) the Selling Stockholders shall have performed and complied with all agreements and covenants required by this Agreement to be performed by them on or prior to the Closing Date. No information shall have come to the attention of such earlier date) except in all cases where Purchaser that shall cause Purchaser to believe that any of the failure of such representations and warranties to be so made by the Selling Stockholders in this Agreement are not true and correct has not and would not reasonably be expected to impair in any material respect the consummation of the Selling Stockholders’ obligations hereunder. Each of the Selling Stockholder Fundamental Representations shall be true and correct all respects, as of the date of this Agreement hereof and as of the Closing Date as though made on the Closing Date (Date, except to the extent such representations and warranties expressly speak as of an earlier date in which case as of such earlier date). Each of the covenants and agreements of the Selling Stockholders to be performed on or prior to the Closing shall have been duly performed in all material respects.