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

REPRESENTATIONS AND WARRANTIES OF COMPANY AND STOCKHOLDERS. 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 7.8 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 twelve months (the last day of such period being the "Expiration Date"), except that the warranties and representations set forth in Section 5.22 hereof shall survive until such time as the limitations period has run for all tax periods ended on or prior to the Funding and Consummation Date, which shall be deemed to be the Expiration Date for Section 5.22. For purposes of this Section 5, the term COMPANY shall mean and refer to the COMPANY and all of its subsidiaries.

REPRESENTATIONS AND WARRANTIES OF COMPANY AND STOCKHOLDERS. (A) Representations and Warranties of the COMPANY and the STOCKHOLDERS. Each of the COMPANY and each of the STOCKHOLDERS jointly and severally represent represents and warrant warrants to ITP and NEWCO that all of the following representations and warranties in this Section 5(A) 5 are true at as of the date of this Agreement and, subject to Section 7.8 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 Closing Date for a period of twelve months two years (the last day of such period being the "Expiration Date"), except that the representations and warranties and representations set forth in Section 5.22 Sections 5.9 and 5.17 hereof shall survive until such time as the applicable statute of limitations period has run for all tax periods ended on or prior to the Funding and Consummation Daterun, which shall be deemed to be the Expiration Date for Section 5.22. For purposes of this Section 5, the term COMPANY shall mean and refer to the COMPANY and all of its subsidiariessuch purposes.