Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's results is for the three and nine month periods ended on, and the most recent disclosure of the Company's financial condition is at, September 30, 2013, as reported on the Company's quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.
Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as it deems appropriate for purposes of the investment contemplated hereby. Investor acknowledges that the Company has not disclosed its results for the twelve month period ending on, or its financial condition at, December 31, 2004, and that the Company has no plans to do so until the completion of its audit for such period and the filing of its annual report on Form 10-K with the SEC, which may be delayed or extended in accordance with the SEC rules. Investor acknowledges that the most recent disclosure of the Company’s results is for the three month period ending on, and the most recent disclosure of the Company’s financial condition is at, September 30, 2004, as reported on the Company’s quarterly report on Form 10-Q, and that no information more recent than such date has been provided to Investor as to the Company’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, the Warrant and if applicable the Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.
Limited Representations. The parties expressly acknowledge and agree that (a) the SDTS Entities have not made and shall not be deemed to have made to Oncor any representations or warranties relating to the SDTS Assets, the Subject SDTS Operations or any other matter, except for the representations and warranties expressly made in Article IV of this Agreement, (b) the SU Entities have not made and shall not be deemed to have made to Oncor any representations or warranties relating to the SU Assets, the Subject SU Operations or any other matter, except for the representations and warranties expressly made in Article V of this Agreement and (c) the Oncor Entities have not made and shall not be deemed to have made any representations or warranties relating to the Oncor T Assets, the Subject Oncor Operations or any other matter, except for the representations and warranties expressly made in Article VI of this Agreement. Without limiting the generality of the foregoing, the parties further acknowledge and agree that none of the SDTS Entities, the SU Entities, the Oncor Entities or their respective Affiliates or representatives has made or is making any (i) express or implied warranties as to any financial projections or other forward-looking information with respect to the Subject SDTS Operations, the Subject SU Operations or the Subject Oncor Operations, as applicable, (ii) implied warranties of merchantability and fitness for a particular purpose with respect to the SDTS Assets, the SU Assets or the Oncor T Assets, as applicable, or (iii) express or implied warranties as to any other matter which, under applicable Law, would be deemed to give rise to any express or implied warranty unless such warranties were expressly disclaimed, and SDTS, SU and Oncor hereby disclaim any other representations or warranties that would otherwise be deemed to be made by the SDTS Entities, the SU Entities or the Oncor Entities or their respective Affiliates or representatives in connection with this Agreement or the Transactions. Each party further agrees not to assert any Claims or take any position in any Legal Proceeding that is inconsistent with the provisions of this Section 12.03.
Limited Representations. Loral acknowledges that: VIASAT HAS NOT MADE, NOR DOES IT MAKE, ANY REPRESENTATION OR WARRANTY, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, OPERATION, CONDITION, QUALITY, SUITABILITY OR MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE, ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, WITH REGARD TO THE SATELLITE OR ANY OTHER DELIVERABLE ITEM UNDER THE SATELLITE CONTRACT, AND VIASAT HAS NOT MADE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY LAUNCH VEHICLE.
Limited Representations. BUYER ACKNOWLEDGES THAT:
Limited Representations. Licensor represents and warrants to the Licensee that Licensor owns and has the right and power to (i) grant the License set forth above, (ii) assign the Real Property Lease subject to the consent of C.C. Partnership, (iii) assign all of the assignable contracts listed on Exhibit "A" and (iv) sell and transfer the Personal Property.
Limited Representations. Purchaser hereby acknowledges and agrees that, notwithstanding anything to the contrary contained herein, except as expressly set forth in this Agreement, Sellers make no representations or warranties whatsoever, express or implied, with respect to any matter relating to the Purchased Assets. Without in any way limiting the foregoing, Sellers hereby disclaim any warranty (express or implied) of merchantability or fitness for any particular purpose as to any portion of the Purchased Assets.
Limited Representations. (a) Each of the parties expressly acknowledge and agree that neither such party nor any of its Affiliates has made and shall not be deemed to have made to (1) in the case of either of the Sellers, the Purchaser, and (2) in the case of the Purchaser, either of the Sellers, any representation or warranty other than those expressly made by the Sellers in Article 4 and the Purchaser in Article 5. Without limiting the generality of the foregoing, the parties further acknowledge and agree that: none of the Sellers nor any of their affiliates or representatives has made or is making any representations or warranties of any kind, express or implied or statutory, at law or equity, with respect to the business conducted at the Designated Plants or the Seller Assets other than as set forth in Article 4, including, but not limited to, any (i) express or implied warranties as to any financial projections or other forward- looking information with respect to the business conducted at the Designated Plants, (ii) implied warranties of merchantability and fitness for a particular purpose with respect to the Seller Assets or (iii) express or implied warranties as to any other matter which, under applicable Law, would be deemed to give rise to any express or implied warranty unless such warranties are expressly disclaimed by the Sellers, and the Sellers hereby disclaim any other representations or warranties that would otherwise be deemed to be made by either of the Sellers, their Affiliates or any of their respective officers, directors, employees, agents, financial and legal advisors or other representatives in connection with this Agreement or any Transaction Agreement or the transactions contemplated hereby and thereby.
Limited Representations. As of the Effective Date to Landlord's actual knowledge, (a) the Building or the Premises or any equipment or systems located therein do not violate any applicable Laws which, with respect to building and land use codes, shall mean such Laws as they were interpreted and applied at the time of construction or installation; and (b) the Building and the Premises do not contain any Hazardous Materials (including asbestos and EMF radiation) in levels or amounts that exceed permissible levels under applicable Laws. As used herein, Landlord's knowledge shall be limited to the current, actual knowledge of R. Kxxx Xxxxxxxxx without any duty to investigate.
Limited Representations. No Person has made any written or oral representations that (i) any Person will resell or repurchase the Subordinated Notes, the Warrants or the Warrant Shares, (ii) that any Person will refund all or any part of the Subscription Amount, or (iii) as to the future price or value of the shares of Common Stock of the Company. (d)
