Common use of REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND THE STOCKHOLDERS Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND THE STOCKHOLDERS. (A) Representations and Warranties of the Company and the Stockholders. Except as set forth in the disclosure schedules attached hereto and except as otherwise qualified below, each of the Company and the Stockholders, jointly and severally, represent and warrant that all of the following representations and warranties in this Section 5(A) are true at the date of this Agreement and, subject to Section 7.7 hereto, shall be true at the time of Closing and the Consummation Date, and that such representations and warranties shall survive the Consummation Date for a period of eighteen months (the last day of such period being the "Expiration Date"), except that the warranties and representations set forth in Sections 5.3 and 5.22 hereof shall survive until such time as the applicable limitations period has run, which shall be deemed to be the Expiration Date for Sections 5.3 and 5.22. For purposes of this Section 5, the term "Company" shall mean and refer to the Company and all of its Subsidiaries, if any.

REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND THE STOCKHOLDERS. Each Company, and the Stockholders severally (A) Representations and Warranties based on their relative ownership of the Company and Stock on the Stockholders. Except as set forth in the disclosure schedules attached hereto and except as otherwise qualified below, each of the Company and the Stockholders, jointly and severally, date hereof) represent and warrant that all of the following representations and warranties in this Section 5(A) are true at the date of this Agreement and, subject to Section 7.7 hereto7.8 hereof, shall be true at the time of Closing and the Funding and Consummation Date, and that such representations and warranties shall survive the Funding and Consummation Date for a period of eighteen twelve months (the last day of such period being the "Expiration Date"), except that the warranties and representations set forth in Sections 5.3 and Section 5.22 hereof shall survive until such time as the applicable limitations period has runrun for all tax periods ended on or prior to the Funding and Consummation Date, which shall be deemed to be the Expiration Date for Sections 5.3 and Section 5.22. For purposes of this Section 5, the term "Company" shall mean and refer to the Company and all of its Subsidiaries, if any.

REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND THE STOCKHOLDERS. (A) Representations and Warranties Each of the Company and the Stockholders. Except as set forth in the disclosure schedules attached hereto and except as otherwise qualified below, each Stockholders severally (based on their relative ownership of the Company and Stock on the Stockholders, jointly and severally, date hereof) represent and warrant that all of the following representations and warranties in this Section 5(A) are true at the date of this Agreement and, subject to Section 7.7 hereto7.8 hereof, shall be true at the time of Closing and the Funding and Consummation Date, and that such representations and warranties shall survive the Funding and Consummation Date for a period of eighteen twelve months (the last day of such period being the "Expiration Date"), except that the warranties and representations set forth in Sections 5.3 and Section 5.22 hereof shall survive until such time as the applicable limitations period has runrun for all tax periods ended on or prior to the Funding and Consummation Date, which shall be deemed to be the Expiration Date for Sections 5.3 and Section 5.22. For purposes of this Section 5, the term "Company" shall mean and refer to the Company and all of its Subsidiaries, if any.