Common use of Restatement Clause in Contracts

Restatement. (a) The representations and warranties of each of the parties contained in the Prior Agreement, other than the representations and warranties of the Company contained in Sections 6.7 and 6.37 of the Prior Agreement, are restated as of the date of this Second Amending Agreement as if set out in full in this Second Amending Agreement. (b) The Company hereby represents and warrants that as at July 12, 2006, the Company has in excess of $20 million in cash and cash equivalents and has no debt.

Restatement. (a) The representations and warranties of each of the parties contained in the Prior Agreement, other than the representations and warranties of the Company contained in Sections 6.7 and 6.37 of the Prior Agreement, are restated as of the date of this Second Third Amending Agreement as if set out in full in this Second Third Amending Agreement. (b) The Company hereby represents and warrants that as at July 12August 1, 2006, the Company has in excess of $20 million in cash and cash equivalents and has no debt.

Restatement. (a) The representations and warranties of each of the parties contained in the Prior Agreement, other than the representations and warranties of the Company contained in Sections 6.7 and 6.37 of the Prior Agreement, are restated as of the date of this Second Amending Agreement as if set out in full in this Second Amending Agreement. (b) The Company hereby represents and warrants that as at July 12June 29, 2006, the Company has in excess of $20 million in cash and cash equivalents and has no debt.