Representations and Warranties of Corning. Corning represents and warrants to VIA by way of an independent guarantee irrespective of fault in the meaning of § 311 German Civil Code that the statements in Section 4.1 through Section 4.8 are true and correct as of the date hereof (the “Corning Guarantees”):
Representations and Warranties of Corning. 22 7.3 Representations and Warranties of Alcatel.......................................................... 23 ARTICLE 8 MISCELLANEOUS.............................................................................................. 23
Representations and Warranties of Corning. Corning and Sub hereby jointly and severally represent and warrant as of the Closing Date to the Stockholders as follows:
Representations and Warranties of Corning. Section 4.01 Organization, Authority and Qualification of Corning 18 Section 4.02 Xxxxxxx XX Shares 18 Section 4.03 No Conflict 19 Section 4.04 Governmental Consents and Approvals 19 Section 4.05 Litigation 20 Section 4.06 Brokers 20
Representations and Warranties of Corning. Corning represents and warrants to Avanex, subject to such exceptions as are disclosed in writing in the disclosure schedule supplied by Corning to Avanex, dated as of the date hereof and as may be updated pursuant to Section 8.10(d) (the “Corning Disclosure Schedule”), which disclosure shall provide an exception to or otherwise qualify the representations and warranties of Corning contained in the section of this Agreement corresponding by number to such disclosure and the other representations and warranties herein to the extent such disclosure is readily apparent on its face to be applicable to such other representations or warranties (except with respect to the representations and warranties of Corning contained in Section 5.8, any exceptions to or qualifications of which shall be explicitly set forth in Section 5.8 of the Corning Disclosure Schedule), as follows:
Representations and Warranties of Corning. The representations and warranties of Corning set forth in Sections 7.2, 7.3, 7.4, 7.7, 7.8, 7.9, 7.11, 7.16, 7.18 and 7.21 shall, insofar as they are made by Corning with respect to itself, also be deemed to have been made by Corning, to the extent appropriate, with respect to any of Corning's direct or indirect subsidiaries that will convey Assets pursuant to this Agreement.
Representations and Warranties of Corning
