Warranties True. (a) Other than with respect to the representations and warranties contained in Section 4.26, the representations and warranties of the Parent, the Seller and Marconi IP contained herein shall have been accurate, true and correct on and as of the date hereof, and, except to the extent that any such representation or warranty is made solely as of the date hereof or as of another date earlier than the Closing Date, shall also be accurate, true and correct on and as of the Closing Date as though made on the Closing Date (without giving effect to any limitation as to "materiality," "material adverse effect," or similar qualifying language set forth therein), except to the extent that any breach (in the aggregate with all other such breaches) does not constitute a Business Material Adverse Effect or a Seller Material Adverse Effect. (b) The representations and warranties of the Seller and Marconi IP contained in Section 4.26 shall have been accurate, true and correct on and as of the date hereof, and shall also be accurate, true and correct on and as of the Closing Date as though made on the Closing Date.
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Sources: Asset Purchase and Sale Agreement (Advanced Fibre Communications Inc), Asset Purchase and Sale Agreement (Marconi Corp PLC)
Warranties True. (a) Other than with respect to the representations and warranties contained in Section 4.26, the representations and warranties of the Parent, the Seller and Marconi IP contained herein shall have been accurate, true and correct on and as of the date hereof, and, except to the extent that any such representation or warranty is made solely as of the date hereof or as of another date earlier than the Closing Date, shall also be accurate, true and correct on and as of the Closing Date as though made on the Closing Date (without giving effect to any limitation as to "“materiality," "” “material adverse effect," ” or similar qualifying language set forth therein), except to the extent that any breach (in the aggregate with all other such breaches) does not constitute a Business Material Adverse Effect or a Seller Material Adverse Effect.
(b) The representations and warranties of the Seller and Marconi IP contained in Section 4.26 shall have been accurate, true and correct on and as of the date hereof, and shall also be accurate, true and correct on and as of the Closing Date as though made on the Closing Date.
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