Bugs. To the Knowledge of the Company, none of the software (including firmware and other software embedded in hardware devices) (i) owned by or licensed to any Acquired Corporation and (ii) distributed with, or used in the design, development, manufacturing, production, distribution, testing, maintenance, or support of any Company Product since March 31, 2008 (“Company Software”) (1) contains any bug, defect, or error (including any bug, defect, or error relating to or resulting from the display, manipulation, processing, storage, transmission, or use of date data) that materially and adversely affects the use, functionality, or performance of such Company Software or any product or system containing or used in conjunction with such Company Software; or (2) fails to comply in all material respects with any applicable warranty or other contractual commitment relating to the use, functionality, or performance of such Company Software. The Company has provided to Parent documentation of known bugs, defects and errors in Company Software owned by the Acquired Corporations reported to any of the Acquired Corporations since January 1, 2009.
Appears in 2 contracts
Sources: Merger Agreement (Ixys Corp /De/), Merger Agreement (Zilog Inc)