REPRESENTATIONS AND WARRANTIES OF APPLE. Apple represents and warrants to Sailfish and New Sailfish as follows:
REPRESENTATIONS AND WARRANTIES OF APPLE. 32 Section 5.02 Organization; Power..................................... 32 Section 5.03 Authorization; Enforceability; Absence of Conflicts; Required Consents......................... 32 Section 5.04
REPRESENTATIONS AND WARRANTIES OF APPLE. Apple hereby represents and warrants to Cornerstone as follows:
REPRESENTATIONS AND WARRANTIES OF APPLE. Except as disclosed in (x) the Apple SEC Reports filed prior to the close of business on the Measurement Date or (y) the disclosure schedule (the “Apple Disclosure Schedule”) delivered by Apple to Parent and Hampton in connection with the execution of this Agreement (which schedule sets forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more representations or warranties contained in this Article V), Apple hereby represents and warrants to Parent and Hampton as follows:
REPRESENTATIONS AND WARRANTIES OF APPLE. Except as disclosed in (x) the Apple SEC Reports filed prior to the close of business on September 30, 2006 (the “Measurement Date”), but excluding any risk factor disclosure contained in any such Apple SEC Reports under the heading “Risk Factors” or “Cautionary Statements Regarding Forward-Looking Statements” or (y) the disclosure schedule (the “Apple Disclosure Schedule”) delivered by Apple to Parent and MergerSub in connection with the execution of this Agreement (which schedule sets forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more representations or warranties contained in this Article V), Apple hereby represents and warrants to Parent and MergerSub as follows:
REPRESENTATIONS AND WARRANTIES OF APPLE. (a) Apple Computer, Inc. is a corporation validly existing and in good standing under the laws of the State of California and has all corporate power and authority required to carry on its business as now conducted.
REPRESENTATIONS AND WARRANTIES OF APPLE. Except (a) as set forth in the section or subsection of the Apple Disclosure Schedule corresponding to the particular section or subsection in this Article IV or in any other section or subsection of Article IV of the Apple Disclosure Schedule to the extent it is reasonably apparent on the face of such disclosure that it is applicable to qualify such representation and warranty and (b) as disclosed in any Apple SEC Document publicly filed since January 1, 2022 and twenty- four (24) hours prior to the date of this Agreement; provided, that in no event shall any information contained in any part of any Apple SEC Document entitled “Risk Factors,” “Forward-Looking Statements,” “Special Note Regarding Forward Looking Statements” or “Note Regarding Forward Looking Statements” or any other disclosures in any Apple SEC Document that are not statements of fact or are cautionary, predictive or forward-looking in nature be deemed to be a disclosure for purposes of or otherwise qualify any such representations and warranties; provided, further that this clause (b) will not apply to the representations and warranties contained in Section 4.01, Section 4.02, Section 4.05, Section 4.06, Section 4.26, Section 4.29 or Section 4.30, Apple hereby represents and warrants to Purchaser as set forth below:
REPRESENTATIONS AND WARRANTIES OF APPLE. 9 Section 5.01
