CBI. CBI represents and warrants that: (a) The execution and delivery of this Assignment Agreement has been duly authorized by all necessary action on the part of CBI (including its board of directors and shareholders, as necessary); (b) It has the power and authority to execute and deliver this Assignment Agreement and to perform its obligations under this Assignment Agreement; (c) As of the Execution Date, it is not a party to any agreement or arrangement with any Person, or to any obligation or restriction, including pursuant to its Articles of Incorporation or Bylaws, which in any way limits or conflicts with its ability to fulfill any of its obligations under this Assignment Agreement; and (d) As of the Execution Date, it is not aware of any action, suit, proceeding, or investigation pending or currently threatened against CBI that questions the validity of this Assignment Agreement or its right to enter into and deliver this Assignment Agreement, or to consummate the transactions contemplated hereby.
Appears in 2 contracts
Sources: Assignment Agreement (Ciphergen Biosystems Inc), Assignment Agreement (Ciphergen Biosystems Inc)