REPRESENTATIONS, WARRANTIES AND PERFORMANCE OF THE COMPANY. The representations and warranties of the Company set forth in Section 3.2 hereof that are qualified as to materiality shall be accurate on and as of the date hereof, and on and as of the Effective Date as though made on and as of the Effective Date except for those that speak as of a particular date which shall be accurate as of such date, except as set forth on the Disclosure Schedule, and the representations and warranties of the Company set forth in Section 3.2 hereof that are not so qualified shall be accurate in all material respects on and as of the Effective Date as though made on and as of the Effective Date except for those that speak as of a particular date which shall be accurate in all material respects as of such date, except as set forth on the Disclosure Schedule; and the Company shall have performed in all material respects all obligations and complied with in all material respects all covenants required to be performed or to be complied with by it under this Agreement prior to the Closing. Since the date of this Agreement, there shall not have occurred any Material Adverse Effect, other than continuing operating losses and losses attributable to the abandonment of leasehold improvements that will result when the Company vacates its premises in connection with the termination of the lease for its current space at 46 Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx 00000.
