REPRESENTATIONS AND WARRANTIES OF BRIDGELINE SOFTWARE. The representations and warranties of Bridgeline Software set forth in this Agreement that are qualified as to materiality shall be true and correct in all respects, and all other representations and warranties of Bridgeline Software set forth in this Agreement shall be true and correct in all material respects, in each case as of the date of the Closing, except (i) as otherwise contemplated by this Agreement, (ii) as a result of actions taken or not taken at the direction of or after consultation with and written concurrence of Seller and (iii) for representations and warranties specifically limited to an earlier date(s) (in which case such representations and warranties shall be true and correct as of such date). Seller and the Shareholders will have received a certificate signed by the chief executive officer of Bridgeline Software to such effect on the Closing Date.
REPRESENTATIONS AND WARRANTIES OF BRIDGELINE SOFTWARE. In order to induce Seller and the Shareholders to enter into this transaction, Bridgeline Software represents and warrants to Seller and the Shareholders that, except as set forth in the disclosure schedules of Bridgeline Software (the “Bridgeline Software Disclosure Schedules”), the statements made in this Article IV are true and correct as of the date hereof, except to the extent such representations and warranties are specifically made as of a particular date (in which case such representations and warranties will be true and correct as of such date). The Bridgeline Software Disclosure Schedule will be arranged in paragraphs corresponding to the numbered and lettered sections contained in this Article IV and the disclosure in any paragraph shall qualify other sections in this Article IV to the extent that it is apparent from a reading of such disclosure that it also qualifies or applies to such other sections.
REPRESENTATIONS AND WARRANTIES OF BRIDGELINE SOFTWARE. In order to induce Seller and the Shareholders to enter into this transaction, Bridgeline Software represents and warrants to Seller and the Shareholders that, except as set forth in the disclosure schedules of Bridgeline Software (the “Bridgeline Software Disclosure Schedules”), the statements made in this Article IV are true and correct as of the date hereof, except to the extent such representations and warranties are specifically made as of a particular date (in which case such representations and warranties will be true and correct as of such date). The Bridgeline Software Disclosure Schedule will be arranged in paragraphs corresponding to the numbered and lettered sections contained in this Article IV and the disclosure in any paragraph shall qualify other sections in this Article IV to the extent that it is apparent from a reading of such disclosure that it also qualifies or applies to such other sections. THE SHAREHOLDERS AND BRIDGELINE SOFTWARE AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE IV, BRIDGELINE SOFTWARE IS MAKING NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTY OF INCOME POTENTIAL, OPERATING EXPENSES, USES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND BRIDGELINE SOFTWARE HEREBY DISCLAIMS AND RENOUNCES ANY SUCH REPRESENTATION OR WARRANTY, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THE SHAREHOLDERS SPECIFICALLY ACKNOWLEDGE THAT, EXCEPT AS PROVIDED FOR IN THIS ARTICLE IV, THE SHAREHOLDERS ARE NOT RELYING AND SHALL NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FROM BRIDGELINE SOFTWARE AS TO ANY MATTER CONCERNING THE BRIDGELINE SOFTWARE’S BUSINESS OR ANY ASSETS USED IN THE BUSINESS. Disclosure of an item on one section of the Disclosure Schedules shall be deemed disclosure on other relevant sections of the Disclosure Schedules so long as such disclosure with respect to other relevant sections is readily apparent.
