Common use of Warranties of the Company Clause in Contracts

Warranties of the Company. Except as disclosed in (x) the Company’s Annual Report filed on Form 10-K on March 1, 2017 or any other Company SEC Documents filed or furnished by the Company with the SEC on or after March 1, 2017 and publicly available at least two (2) business days prior to the date hereof (including any exhibits and other information referenced therein which are publically available on XXXXX, but excluding any predictive, cautionary or forward looking disclosures contained under the captions “risk factors,” “forward looking statements” or any similar precautionary sections and any other disclosures contained therein that are predictive, cautionary or forward looking in nature) or (y) the applicable section or subsection of the disclosure letter delivered by the Company to Parent immediately prior to the execution of this Agreement (the “Company Disclosure Letter”) (it being understood that any information set forth in one section or subsection of the Company Disclosure Letter shall be deemed to apply to and qualify the representation and warranty set forth in this Agreement to which it corresponds in number and, whether or not an explicit reference or cross-reference is made, each other representation and warranty set forth in this Article IV for which it is reasonably apparent on its face that such information is relevant to such other section), the Company represents and warrants to Parent and Purchaser as set forth below.

Appears in 2 contracts

Samples: Merger Agreement (Tesla, Inc.), Merger Agreement (Maxwell Technologies Inc)

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Warranties of the Company. Except as disclosed in (x) the Company’s Annual Report filed on Form 10-K on March 1, 2017 2021 or any other Company SEC Documents filed or furnished by the Company with the SEC on or after March January 1, 2017 2019 and publicly available at least two (2) business days prior to the date hereof of this Agreement (including any exhibits and any other information referenced therein which are publically available on XXXXXincorporated by reference therein, but excluding any predictive, cautionary or forward looking disclosures contained under the captions “risk factors,” “forward looking statements” or any similar precautionary sections and any other disclosures contained therein that are predictive, cautionary or forward looking in nature) or (y) the applicable section or subsection of the disclosure letter delivered by the Company to Parent immediately prior to the execution of this Agreement (the “Company Disclosure Letter”) (it being understood that any information set forth in one section or subsection of the Company Disclosure Letter shall be deemed to apply to and qualify (or, as applicable, a disclosure for purposes of) the representation and warranty set forth in this Agreement to which it corresponds in number and, whether or not an explicit reference or cross-reference is made, each other representation and warranty set forth in this Article IV III for which it is reasonably apparent on its face that such information is relevant to such other section), the Company represents and warrants to Parent and Purchaser Merger Sub as set forth below.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (Zoom Video Communications, Inc.)

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Warranties of the Company. Except as disclosed in (x) the Company’s Annual Report filed on Form 10-K on March 1February 22, 2017 2018 or any other Company SEC Documents filed or furnished by the Company with the SEC on or after March 1February 22, 2017 2018 and publicly available at least two (2) business days prior to the date hereof (including any exhibits and other information referenced incorporated by reference therein which are publically available on XXXXX, but excluding any predictive, cautionary or forward looking disclosures contained under the captions “risk factors,” “forward looking statements” or any similar precautionary sections and any other disclosures contained therein that are predictive, cautionary or forward looking in nature) or (y) the applicable section or subsection of the disclosure letter delivered by the Company to Parent immediately prior to the execution of this Agreement (the “Company Disclosure Letter”) (it being understood that any information set forth in one section or subsection of the Company Disclosure Letter shall be deemed to apply to and qualify the representation and warranty set forth in this Agreement to which it corresponds in number and, whether or not an explicit reference or cross-reference is made, each other representation and warranty set forth in this Article IV for which it is reasonably apparent on its face that such information is relevant to such other section), the Company represents and warrants to Parent and Purchaser as set forth below.

Appears in 1 contract

Samples: Merger Agreement (Salesforce Com Inc)

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