Common use of WARRANTIES CONCERNING THE COMPANY Clause in Contracts

WARRANTIES CONCERNING THE COMPANY. The Seller warrants to the Purchaser that the statements contained in this Article IV are true and accurate and not misleading as of the date of this Agreement and will be true and accurate and not misleading as of the Closing Date (and to that end shall be deemed repeated again at such date, as though the Closing Date were substituted for the date of this Agreement throughout this Article IV), except (i) in case the Closing Date has not occurred until 180 days after the date of this Agreement, the statements contained in Section 4.4 through Section 4.29 will only be true and accurate and not misleading as of the 180th day after the date of this Agreement (and to that end shall be deemed repeated again on the 180th day, as though the such 180th day was substituted for the date of this Agreement throughout this Article IV), (ii) as fairly disclosed and set forth in the disclosure schedule delivered by the Seller to the Purchaser on the date hereof and initialed by the Parties (the “Disclosure Schedule”), and (iii) to the extent such warranty shall be true as of a specific date, in which case such warranty shall be true as of such specified date. Nothing in the Disclosure Schedule relating to this Article IV shall be deemed adequate to disclose any exception to a warranty made herein unless the Disclosure Schedule identifies the exception with particularity and describes the relevant facts in detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a warranty made herein (unless the warranty relates specifically to the existence of the document or other item itself). The Disclosure Schedule will be arranged in numbered schedules corresponding to the corresponding sections contained in this Article IV.

WARRANTIES CONCERNING THE COMPANY. The Seller warrants to the Purchaser that the statements contained in this Article IV VIII are true and accurate and not misleading as of the date of this Agreement and will be true and accurate and not misleading as of the Closing Control Acquisition Date (and to that end shall be deemed repeated again at such date, as though the Closing Control Acquisition Date were substituted for the date of this Agreement throughout this Article IVVIII), except (i) in case the Closing Control Acquisition Date has not occurred until 180 days after the date of this Agreement, the statements contained in Section 4.4 8.4 through Section 4.29 8.29 will only be true and accurate and not misleading as of the 180th day after the date of this Agreement (and to that end shall be deemed repeated again on the 180th day, as though the such 180th day was substituted for the date of this Agreement throughout this Article IVVIII), (ii) as fairly disclosed and set forth in the disclosure schedule delivered by the Seller to the Purchaser on the date hereof and initialed by the Parties (the “Disclosure Schedule”), and (iii) to the extent such warranty shall be true as of a specific date, in which case such warranty shall be true as of such specified date. Nothing in the Disclosure Schedule relating to this Article IV VIII shall be deemed adequate to disclose any exception to a warranty made herein unless the Disclosure Schedule identifies the exception with particularity and describes the relevant facts in detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a warranty made herein (unless the warranty relates specifically to the existence of the document or other item itself). The Disclosure Schedule will be arranged in numbered schedules corresponding to the corresponding sections contained in this Article IVVIII.

WARRANTIES CONCERNING THE COMPANY. The Seller warrants to the Purchaser that the statements contained in this Article IV are true and accurate and not misleading as of the date of this Agreement and will be true and accurate and not misleading as of the Closing Date (and to that end shall be deemed repeated again at such date, as though the Closing Date were substituted for the date of this Agreement throughout this Article IV), except (i) in case the Closing Date has not occurred until 180 days after the date of this Agreement, the statements contained in Section 4.4 through Section 4.29 will only be true and accurate and not misleading as of the 180th day after the date of this Agreement (and to that end shall be deemed repeated again on the 180th day, as though the such 180th day was substituted for the date of this Agreement throughout this Article IV), (ii) as fairly disclosed and set forth in the disclosure schedule delivered by the Seller to the Purchaser on the date hereof and initialed by the Parties (the “Disclosure Schedule”), and (iiiii) to the extent such warranty shall be true as of a specific date, in which case such warranty shall be true as of such specified date. Nothing in the Disclosure Schedule relating to this Article IV shall be deemed adequate to disclose any exception to a warranty made herein unless the Disclosure Schedule identifies the exception with particularity and describes the relevant facts in detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a warranty made herein (unless the warranty relates specifically to the existence of the document or other item itself). The Disclosure Schedule will be arranged in numbered schedules corresponding to the corresponding sections contained in this Article IV.

WARRANTIES CONCERNING THE COMPANY. The Seller warrants and DT each warrant to the Purchaser that the statements contained in this Article IV are true and accurate and not misleading as of the date of this Agreement and will be true and accurate and not misleading as of the Closing Date (and to that end shall be deemed repeated again at such date, as though the Closing Date were substituted for the date of this Agreement throughout this Article IV), except (i) in case the Closing Date has not occurred until 180 days after the date of this Agreement, the statements contained in Section 4.4 through Section 4.29 will only be true and accurate and not misleading as of the 180th day after the date of this Agreement (and to that end shall be deemed repeated again on the 180th day, as though the such 180th day was substituted for the date of this Agreement throughout this Article IV), (ii) as fairly disclosed and set forth in the disclosure schedule delivered by the Seller and DT to the Purchaser on the date hereof and initialed by the Parties (the “Disclosure Schedule”), and (iii) to the extent such warranty shall be true as of a specific date, in which case such warranty shall be true as of such specified date. Nothing in the Disclosure Schedule relating to this Article IV shall be deemed adequate to disclose any exception to a warranty made herein unless the Disclosure Schedule identifies the exception with particularity and describes the relevant facts in detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a warranty made herein (unless the warranty relates specifically to the existence of the document or other item itself). The Disclosure Schedule will be arranged in numbered schedules corresponding to the corresponding sections contained in this Article IV.

WARRANTIES CONCERNING THE COMPANY. The Seller warrants to the Purchaser that the statements contained in this Article IV VII are true and accurate and not misleading as of the date of this Agreement and will be true and accurate and not misleading as of the Closing Control Acquisition Date (and to that end shall be deemed repeated again at such date, as though the Closing Control Acquisition Date were substituted for the date of this Agreement throughout this Article IVVII), except (i) in case the Closing Control Acquisition Date has not occurred until 180 days after the date of this Agreement, the statements contained in Section 4.4 7.4 through Section 4.29 7.29 will only be true and accurate and not misleading as of the 180th day after the date of this Agreement (and to that end shall be deemed repeated again on the 180th day, as though the such 180th day was substituted for the date of this Agreement throughout this Article IVVII), (ii) as fairly disclosed and set forth in the disclosure schedule delivered by the Seller to the Purchaser on the date hereof and initialed by the Parties (the “Disclosure Schedule”), and (iii) to the extent such warranty shall be true as of a specific date, in which case such warranty shall be true as of such specified date. Nothing in the Disclosure Schedule relating to this Article IV VII shall be deemed adequate to disclose any exception to a warranty made herein unless the Disclosure Schedule identifies the exception with particularity and describes the relevant facts in detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a warranty made herein (unless the warranty relates specifically to the existence of the document or other item itself). The Disclosure Schedule will be arranged in numbered schedules corresponding to the corresponding sections contained in this Article IVVII.