Representations and Warranties of the Company and its Subsidiaries. The Company and its Subsidiaries hereby, jointly and severally, make the following representations and warranties to Purchaser, each of which shall be true, complete and correct as of the date hereof (or, if such representation or warranty is contemplated to be modified by a Schedule, as of the date of delivery of such Schedule with respect thereto), and as of the time immediately preceding and immediately following the Closing (it being understood that unless the context otherwise requires, as of and immediately following the Closing, all representations as to the Company and its Subsidiaries shall apply to Reorganized PSC and its Subsidiaries), in each case, except to the extent the context otherwise expressly requires and except to the extent that any such representation or warranty expressly relates to a specific date or time, in which case it shall be true and correct as of such date or time; provided, however, that each of the representations and warranties of the Company set forth in this Article II shall be unaffected by any investigation heretofore or hereafter made by or on behalf of Purchaser; and further provided, however, that the representations and warranties of the Company set forth in this Article II are made and given subject to the disclosures in the disclosure schedule attached hereto and made a part of this Agreement (the "Disclosure Schedule"). Each of the disclosures in the Disclosure Schedule shall be arranged in a section(s) corresponding to the numbered and lettered section(s) contained in this Article II to which it relates, and shall be considered a representation and warranty as if made hereunder.
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Sources: Investment Agreement (Icahn Carl C Et Al), Investment Agreement (Philip Services Corp/De)