Common use of By Parent and Merger Sub Clause in Contracts

By Parent and Merger Sub. Parent and Merger Sub, jointly and severally, hereby represent and warrant to the Company that (i) each of the representations and warranties contained in Article 4 of the Original Merger Agreement is and continues to be true and correct as of the Amendment Effective Date (except for representations and warranties made as of a specified date, which were true and correct only as of the specified date), and (ii) neither Parent nor Merger Sub is aware of any facts, circumstances, events, conditions, actions or occurrences that it believes constitute or would reasonably be expected to constitute a breach of any representation, warranty, covenant or agreement of the Company in the Original Merger Agreement as amended by this Amendment, or that has had or would reasonably be expected to have a Catastrophic Material Adverse Effect.