Common use of Representations and Warranties True; Obligations Performed Clause in Contracts

Representations and Warranties True; Obligations Performed. (a) The representations and warranties made by Seller in 3.1(a) and Sections 3.2 and 3.3 of this Agreement shall be true and correct as of the date of this Agreement and (except to the extent such representations and warranties speak as of an earlier date) all of the representations and warranties made by Seller in this Agreement shall be true and correct as of the Closing Date at and as though such representations and warranties were made as of the Closing Date. The condition contained in this Section 10.1(a) shall be deemed to have been satisfied even if such representations or warranties are not true and correct unless the failure of any of the representations or warranties to be so true and correct, individually or in the aggregate, would have a Material Adverse Effect, and, nothing contained in this section 10.1(a) shall be deemed to preclude, or otherwise limit, the right of Purchaser to be indemnified for any breach of a representation or warranty by Seller in accordance with the provisions of Article XII hereof.

Representations and Warranties True; Obligations Performed. (a) The representations and warranties made by Seller Purchaser in 3.1(a) and Sections 3.2 and 3.3 of this Agreement shall be true and correct as of the date of this Agreement and (except to the extent such representations and warranties speak as of an earlier date) all of the representations and warranties made by Seller in this Agreement shall be true and correct as of the Closing Date at and as though such representations and warranties were made at and as of such date. Notwithstanding the Closing Date. The condition foregoing, the conditions contained in this Section 10.1(a11.1(a) shall be deemed to have been satisfied even if such representations or warranties are not true and correct unless the failure of any of the representations or warranties to be so true and correct, individually or in the aggregate, would have a Material Adverse Effect, and, nothing contained in this section 10.1(a11.1(a) shall be deemed to preclude, or otherwise limit, the right of Purchaser Seller to be indemnified for any breach of a representation or warranty by Seller in 36 accordance with the provisions of Article XII hereof).