Representations and Warranties of Peak. Peak hereby represents and warrants to each of New Gold and Metallica as follows and hereby acknowledges that they are relying upon such representations and warranties in connection with entering into this Agreement and agreeing to complete the Transaction as follows:
Representations and Warranties of Peak. Peak hereby represents and warrants to S&G and Merger Sub, as of the date hereof, except (i) as are disclosed in writing in the disclosure schedule supplied by Peak to S&G, dated as of the date hereof and certified by a duly authorized officer of Peak (the “Peak Disclosure Schedule”), and (ii) for facts disclosed in, and reasonably apparent on the face of the disclosure contained in, the Peak SEC Reports (as defined below) filed with the SEC and publicly available after March 31, 2006, but prior to the date of this Agreement (other than forward-looking statements set forth in any risk factor section or in any other section); provided that in no event shall any disclosure in any such Peak SEC Report qualify or limit the representations and warranties of Peak set forth in Sections 2.1, 2,2, 2,3 and 2.4, as follows:
Representations and Warranties of Peak. Peak represents and warrants to each Investor that:
Representations and Warranties of Peak. PEAK CONCEPTS LLC represents and warrants to ARRAKIS that the statements contained in this Section 2 are correct and complete as of the date of this Agreement.
Representations and Warranties of Peak. Representations and Warranties
Representations and Warranties of Peak. Peak represents and warrants to Tactical that:
Representations and Warranties of Peak
