Common use of No Breach of Covenants Clause in Contracts

No Breach of Covenants. True and Correct Representations and Warranties. ------------------------------------------------------------------------ There shall have been no material breach by the Fund in the performance of any of its covenants herein to be performed by it in whole or in part prior to the Closing, and the representations and warranties of the Fund contained in this Plan of Succession shall be true and correct in all material respects as of the Closing, except for representations or warranties that are made by their terms as of a specified date, which shall be true and correct in all material respects as of the specified date. Avalon shall receive at the Closing, a certificate dated and validly executed on behalf of the Fund by an executive officer certifying, in such detail as Avalon may reasonably require, the fulfillment of the foregoing conditions, and restating and reconfirming as of the Closing, all of the representations and warranties of the Fund contained in this Plan of Succession.

No Breach of Covenants. True and Correct Representations and Warranties. ------------------------------------------------------------------------ There shall have been no material breach by the Fund Avalon in the performance of any of its covenants herein to be performed by it in whole or in part prior to the Closing, Closing and the representations and warranties of the Fund Avalon contained in this Plan of Succession shall be true and correct in all material respects as of the Closing, except for representations or warranties that are made by their terms as of a specified date, which shall be true and correct in all material respects as of the specified date. Avalon The Fund shall receive at the Closing, Closing a certificate dated and validly executed on behalf of the Fund Avalon by an executive officer certifying, in such detail as Avalon the Fund may reasonably require, the fulfillment of the foregoing conditions, and restating and reconfirming as of the Closing, all of the representations and warranties of the Fund Avalon contained in this Plan of Succession.

No Breach of Covenants. True and Correct Representations and --------------------------------------------------------------------------- Warranties. ------------------------------------------------------------------------ ----------- There shall have been no material breach by the Fund Avalon in the performance of any of its covenants herein to be performed by it in whole or in part prior to the Closing, Closing and the representations and warranties of the Fund Avalon contained in this Plan of Succession Agreement shall be true and correct in all material respects as of the Closing, except for representations or warranties that are made by their terms as of a specified date, which shall be true and correct in all material respects as of the specified date. Avalon Xxxxxx shall receive at the Closing, Closing a certificate dated and validly executed on behalf of the Fund Avalon by an executive officer certifying, certifying in such detail as Avalon Xxxxxx may reasonably require, the fulfillment of the foregoing conditions, and restating and reconfirming as of the Closing, all of the representations and warranties of the Fund Avalon contained in this Plan of SuccessionAgreement.

No Breach of Covenants. True and Correct Representations and --------------------------------------------------------------------------- Warranties. ------------------------------------------------------------------------ ----------- There shall have been no material breach by the Fund Xxxxxx in the performance of any of its covenants herein to be performed by it in whole or in part prior to the Closing, and the representations and warranties of the Fund Xxxxxx contained in this Plan of Succession Agreement shall be true and correct in all material respects as of the Closing, except for representations or warranties that are made by their terms as of a specified date, which shall be true and correct in all material respects as of the specified date. Avalon shall receive at the Closing, a certificate dated and validly executed on behalf of the Fund Xxxxxx by an executive officer certifying, in such detail as Avalon may reasonably require, the fulfillment of the foregoing conditions, and restating and reconfirming as of the Closing, all of the representations and warranties of the Fund Xxxxxx contained in this Plan of SuccessionAgreement.