Common use of Organization and Capitalization of the Company Clause in Contracts

Organization and Capitalization of the Company. 2.1. Effective Date. The provisions of ARTICLE I, Sections 2.1, 2.2, 2.3, 2.4, 5.1, and 5.2, ARTICLE XII and ARTICLE XV are effective and legally binding in accordance with their terms upon Xxxxxxxxx and Nestlé as from, and including, the Execution Date. The other provisions of this Agreement (including its Schedules and Exhibits) will be effective and binding upon Xxxxxxxxx and Nestlé following the performance (or waiver by Xxxxxxxxx and Nestlé) of the actions set out in Schedule 2.1 and the receipt and satisfaction of the Antitrust Approvals, provided that the representations and warranties set out in Sections 5.1, 5.2, 5.3 and 5.4 are true and accurate on such date (the “Effective Date”). The provisions of this Agreement will be effective and legally binding in accordance with its terms on the Company and the Guarantor on, and subject to the occurrence of, the Effective Date.