SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. All representations and warranties hereunder shall survive the Closing and expire on the date that is two years after the Closing Date, and all agreements contained herein shall survive indefinitely until, by their respective terms, they are no longer operative.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. All representations and warranties hereunder shall survive the Closing. All statements contained in any certificate or other instrument delivered by the Company or pursuant to this Agreement or in connection with the transactions contemplated by this Agreement shall constitute representations and warranties by the Company under this Agreement.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. All representations and warranties hereunder shall survive the Closing. Except as otherwise provided herein, all agreements and/or covenants contained herein shall survive indefinitely until, by their respective terms, they are no longer operative.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. Except as expressly provided to the contrary, all covenants and agreements contained in this Agreement shall survive the Closing and shall remain in full force and effect as of the date when made. The representations and warranties hereunder shall survive so long as any Indebtedness hereunder, or under any Note, or any obligations under any Warrant remain outstanding.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. The provisions set forth in Section 9 of this Agreement shall expressly survive the termination or abandonment of this Agreement. Except as expressly provided to the contrary, all covenants and agreements contained in this Agreement shall survive the Initial Closing and the Subsequent Closing in perpetuity and shall remain in full force and effect. Notwithstanding the foregoing, the covenants and agreements contained in Section 8 of this Agreement (other than in Sections 8.6, 8.7, 8.8, 8.20, 8.21, 8.22 and 8.23) shall terminate at such time that less than 10% of the Series A Preferred Shares remain outstanding. The representations and warranties hereunder shall survive the Initial Closing for a period of four years, except (a) the representations and warranties in Sections 5.7, 5.22 and 5.23 shall survive until the date which is 60 days after the expiration of the statute of limitations applicable to such matters, (b) the representations and warranties in Sections 5.1, 5.2, 5.3, 5.11, 5.15 and 5.16 shall survive the Initial Closing and the Subsequent Closing in perpetuity, and (c) the foregoing time limitations shall not apply to any claims which have been the subject of a written notice prior to expiration of the applicable time
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. (a) All statements contained in this Agreement, any Related Agreement, any Related Certificate or any other closing certificate (each, an "OTHER CERTIFICATE") delivered by the Corporation to any Investor, pursuant to this Agreement or in connection with the transactions contemplated by this Agreement or any of the Related Agreements shall constitute representations and warranties by the Corporation under this Agreement to the Investors identified as being the subject thereof and shall survive the Closing and the consummation of the transactions contemplated hereby and thereby for a period of 18 months after the Closing Date; PROVIDED, HOWEVER, that the representations and warranties of the Corporation to the Investors set forth in SECTION 3.1 through SECTION 3.5 shall survive indefinitely and the representations and warranties of the Corporation to the Insight Investors set forth in SECTIONS 3.13, 3.15, 3.18 and 3.20 shall survive until the expiration of the respective statutes of limitations applicable to the matters covered thereby.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. All representations and warranties hereunder shall survive the Closing for a period of two years and thereafter shall terminate. All statements contained in any certificate or other instrument delivered by the Corporation or by an officer on behalf of the Corporation through the date hereof pursuant to this Agreement, any agreement delivered in connection herewith, or in connection with the transactions contemplated by this Agreement shall constitute representations and warranties by the Corporation under this Agreement. All agreements contained herein shall survive indefinitely until, by their respective terms, they are no longer operative, and in any event, so long as any of the shares of Preferred Stock are outstanding.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. All representations, warranties and statements contained in any agreement, certificate or other instrument delivered by the Company pursuant to this Agreement (including, but not limited to the Registration Rights Agreement) or in connection with the transactions contemplated by this Agreement shall constitute representations and warranties by the Company under this Agreement. All representations and warranties made or deemed to be made hereunder by the Company or the Investors shall survive the Closing until the later of (i) the filing of the Company's Annual Report on Form 10-K for the fiscal year ended July 31, 1995 or (ii) the expiration of a period of six months from the date hereof or, with respect to representations or warranties deemed to be made hereunder pursuant to the previous sentence, for such longer period, if any, for which the agreement, certificate or instrument wherein such representation, warranty or statement is made, is effective by its terms. All agreements and covenants contained herein and in the Registration Rights Agreement shall survive indefinitely until, by their respective terms, they are no longer operative.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. All representations and warranties hereunder shall survive each Initial Closing. Except as otherwise provided herein, all of the Transaction Documents and the Related Documents shall survive indefinitely until, by their respective terms, they are no longer operative.
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND AGREEMENTS, ETC. All representations and warranties hereunder shall survive the Closing until the third anniversary of the date hereof. All statements contained in any certificate or other instrument delivered by the Company pursuant to this Agreement or in connection with the transactions contemplated by this Agreement either at or prior to the Closing, shall constitute representations and warranties by the Company under this Agreement. All agreements contained herein shall survive indefinitely until, by their respective terms they are no longer operative.
