Identified Representations

Identified Representations. (as such representation or warranty relates to title of assets which are the subjection of Section 2.9) or 2.9 (collectively, the "Identified Representations") (without giving effect to any "Material Adverse Effect" or other materiality qualification or any similar qualification contained or incorporated directly or indirectly in such representation or warranty with respect to the calculation of Damages, but giving effect to any update to the Disclosure Schedule delivered by the Company to... Parent prior to the Closing); provided, however, that notwithstanding any update to the Disclosure Schedule delivered by the Company to Parent prior to the Closing, subject to the limitations set forth in Section 9.3(b), the Indemnitees may seek indemnification from the Designated Stockholders and the Venture Capital Funds for any Damages not fully satisfied first from the Indemnification Escrow Fund resulting from claims for patent infringement made against the Company's current products, platform or products which were under development as of the Closing Date (but only to the extent such Damages relate to any third-party claim). View More