REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO. The Company and Newco represent and warrant to Parent and Merger Sub as of the date hereof, except as set forth in the disclosure letter supplied by the Company to Parent dated as of the date hereof (the “Company Disclosure Letter”) (which Company Disclosure Letter shall be arranged in sections and subsections corresponding to the numbered and lettered sections and subsections contained in this Article III, and no disclosure shall be deemed to apply with respect to any section or subsection to which it does not expressly apply unless it is ***Confidential Treatment Requested reasonably apparent from such disclosure that application to another section or subsection is appropriate, in which case such disclosure shall also qualify and apply to such other section or subsection), as follows:
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO. The Company and Newco jointly and severally represent and warrant to the Purchaser as follows (provided that such representations and warranties shall be made by Newco immediately prior to the Closing):
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO. A. The Company, on the one hand, and Newco, on the other hand, represent and warrant to PointeCom as follows:
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO. Each of the Company and NewCo, jointly and severally, hereby represents and warrants to each Purchaser as follows:
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO. 23 3.1 Organization and Power; Foreign Qualification................................................23 3.2 Capital Structure of the Company and Newco...................................................23 3.3 Authorization and Enforceability of Agreements...............................................24 3.4
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO. The Company and Newco, jointly and severally, represent and warrant to the Surviving Corporation and the Stockholders as follows:
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO. Except as set forth in the applicable section or subsection of the Company Disclosure Statement (subject to Section 9.11), the Company and NewCo hereby represent and warrant to Parent as follows:
REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND NEWCO
