Survival of Representations, Warranties, Agreements, Etc. All -------------------------------------------------------- representations, warranties, covenants and agreements contained herein or in any certificate delivered pursuant to this Agreement shall survive the execution and delivery of this Agreement or such certificate, as the case may be, any investigation at any time made by the Investors or on their behalf, and the closing of the transactions contemplated by this Agreement. All statements contained in any certificate, instrument or other writing prepared by or on behalf of the Company and delivered by the Company pursuant to this Agreement or in connection with or in contemplation of the transactions herein contemplated shall constitute representations and warranties by the Company hereunder.
Survival of Representations, Warranties, Agreements, Etc. All representations and warranties contained in this Agreement or made in writing by or on behalf of the Company in connection with the transactions contemplated by this Agreement shall survive for the duration of any statutes of limitation applicable thereto, the execution and delivery of this Agreement, any investigation at any time made by the Company, the Purchaser or on such party's behalf, the purchase of the Shares by the Purchaser under this Agreement and any disposition of or payment on the Shares. All statements contained in any certificate or other instrument delivered to the Purchaser by or on behalf of the Company pursuant to this Agreement shall be deemed representations and warranties of the Company under this Agreement. Except as otherwise provided herein, all covenants and agreements contained herein shall survive for the duration of any statutes of limitations applicable thereto or until, by their respective terms, they are no longer operative.
Survival of Representations, Warranties, Agreements, Etc. All representations, warranties, covenants and agreements contained herein shall survive the execution and delivery of this Agreement.
Survival of Representations, Warranties, Agreements, Etc. Each of the representations and warranties set forth in this Agreement (or any certificate delivered pursuant hereto) shall survive the execution and delivery of this Agreement and the Closing but only for a period of 12 months following the Closing Date and thereafter shall expire and have no further force and effect (except with respect to claims made before the expiration of such period); provided that the representations and warranties set forth in Sections 2.2(a), (b), (c), (d) and (p), and corresponding representations and warranties in any certificate, shall survive the execution and delivery of this Agreement and the Closing indefinitely. Except as otherwise provided herein, all covenants and agreements contained herein shall survive for the duration of any statutes of limitations applicable thereto or until, by their respective terms, they are no longer operative.
Survival of Representations, Warranties, Agreements, Etc. All representations, warranties, covenants and agreements contained herein or in any certificate, document or instrument delivered pursuant to this Agreement (other than any legal opinion) shall survive the execution and delivery of this Agreement or such certificate, document or instrument, as the case may be. All statements contained in any certificate, document or instrument prepared by or on behalf of the Company and delivered by the Company (other than legal opinions) shall constitute representations and warranties by the Company hereunder.
Survival of Representations, Warranties, Agreements, Etc. Each of the representations and warranties set forth in this Agreement and the other Transaction Documents shall survive the Closing but only for a period of 18 months following the Closing Date and thereafter shall expire and have no further force and effect; provided that the representations and warranties in Section 2.2(c) and (d), shall survive indefinitely. Except as otherwise provided herein, all covenants and agreements contained herein shall survive for the duration of any statutes of limitations applicable thereto or until, by their respective terms, they are no longer operative.
Survival of Representations, Warranties, Agreements, Etc. All representations, warranties, covenants and agreements contained herein or in any certificate or document delivered pursuant to this Agreement, including all statements contained in any certificate or document prepared by or on behalf of the Company and delivered pursuant to this Agreement, (other than any legal opinion) shall survive for a period of two (2) years after the execution and delivery of this Agreement or such certificate or document, as the case may be and shall constitute representations and warranties by the Company hereunder.
Survival of Representations, Warranties, Agreements, Etc. Except with respect to breaches by fraud or willful misstatement which such breaches will survive indefinitely, (i) the Fundamental Warranties shall survive the Closing Date until after the last day of expiration of the applicable statute of limitations (including any extensions or waivers); (ii) the representations and warranties of Section 4.2(g) (Tax Matters) and Section 4.2(i) (Environmental Matters) shall survive the Closing Date for five (5) years as of the Closing Date; and (iii) all other representations and warranties provided for in Sections 4.1, 4.2 and 4.3 not specifically mentioned in this Section shall survive the Closing Date for two (2) years as of the Closing Date. All covenants hereunder required to be performed after the Closing Date shall survive indefinitely, if applicable.
Survival of Representations, Warranties, Agreements, Etc. All -------------------------------------------------------- representations, warranties, covenants and agreements contained in this Agreement shall survive the execution and delivery hereof and the consummation of the transactions contemplated hereby; provided, however, that the covenants -------- ------- and agreements set forth in Article V hereof (other than in Section 5.4 hereof) shall terminate upon the consummation by the Company of its first underwritten public offering of its equity securities registered under the Securities Act.
Survival of Representations, Warranties, Agreements, Etc. All representations, warranties, covenants and agreements contained herein shall survive the execution and delivery of this Agreement, and the closing of the transactions contemplated by that certain Series E Preferred Stock Purchase Agreement, dated as of the date hereof, by and among the Company and the investors named therein (the “Series E Stock Purchase Agreement”).
