Common use of Conditions Precedent to Obligations of HPFS Clause in Contracts

Conditions Precedent to Obligations of HPFS. The obligations of HPFS to sell the ClearBlue Shares, purchase the NaviSite Shares and assume the HP Percentage of the Note at the Closing are subject to the fulfillment of the condition that, at the Closing, the representations and warranties of ClearBlue set forth in this Agreement that are qualified as to materiality shall be true and correct in all respects, and all other representations and warranties of ClearBlue set forth in this Agreement shall be true and correct in all material respects, in each case as of the date of this Agreement and as of the Closing as though made as of the Closing, except to the extent such representations and warranties are specifically made as of a particular date (in which case such representations and warranties shall be true and correct as of such date).

Conditions Precedent to Obligations of HPFS. The obligations of HPFS to sell the ClearBlue Shares, purchase the NaviSite Shares and assume the HP Percentage of the Note at the Closing are subject to the fulfillment of the condition that, at the Closing, the representations and warranties of ClearBlue set forth in this Agreement that are qualified as to materiality shall be true and correct in all respects, and all other representations and warranties of ClearBlue set forth in this Agreement shall be true and correct in all material respects, in each case as of the date of this Agreement and as of the Closing as though made as of the Closing, except to the extent such representations and warranties are specifically made as of a particular date (in which case such representations and warranties shall be true and correct as of such date). SECTION 5.4.