Common use of Representations and Warranties Correct; Performance of Obligations Clause in Contracts

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at or prior to the Closing.

Appears in 5 contracts

Samples: Funding Agreement (Omeros Corp), Preferred Stock Purchase Agreement (Etoys Inc), Preferred Stock Purchase Agreement (Inphonic Inc)

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Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendumthe Closing Date; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at on or prior to the ClosingClosing Date.

Appears in 4 contracts

Samples: Preferred Stock Purchase Agreement (Genomic Solutions Inc), Preferred Stock Purchase Agreement (Genomic Solutions Inc), Preferred Stock Purchase Agreement (Genomic Solutions Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct on the date as of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at or prior to the ClosingAgreement.

Appears in 4 contracts

Samples: Preferred Stock Purchase Agreement (Accelerated Networks Inc), 1 (Accelerated Networks Inc), Series D Preferred Stock Purchase Agreement (Accelerated Networks Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject except for representations and warranties made as of a specific date which shall be true and correct as of such date; the Company's business and assets shall not have been adversely affected in any material way prior to changes contemplated by this Addendumthe Closing Date; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at under this Agreement on or prior to the ClosingClosing Date.

Appears in 3 contracts

Samples: Unit Purchase Agreement (Silicon Valley Research Inc), Unit Purchase Agreement (Silicon Valley Research Inc), Stock Purchase Agreement (Silicon Valley Research Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 2 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendumexcept for representations and warranties made as of a specific date which shall be true and correct as of such date; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at under this Agreement on or prior to the ClosingClosing Date.

Appears in 3 contracts

Samples: Purchase Agreement (Vanguard Airlines Inc \De\), Purchase Agreement (Vangard Acquisition Co), Unit Purchase Agreement (Vanguard Airlines Inc \De\)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 4 hereof shall be true and correct when made, and shall be true and correct in all material respects on the date of the Closing Date with the same force and effect as if they had been made on and as of said date (except to the extent any such representation or warranty expressly speaks of an earlier date, subject to changes contemplated by this Addendum; and the ). The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it at on or prior to the ClosingClosing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Salon Media Group Inc), Securities Purchase Agreement (Salon Media Group Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 Article III hereof shall be true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said such date, subject to changes contemplated by this AddendumAgreement; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at on or prior to the ClosingClosing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Yahoo Inc), Stock Purchase Agreement (Hollywood Entertainment Corp)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 4 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this AddendumAgreement; and the Company shall have performed and complied with all agreements, obligations and conditions herein contained in this Agreement that are required to be performed or observed complied with by it at on or prior to the ClosingClosing Date.

Appears in 2 contracts

Samples: Issuance Agreement (Qt 5 Inc), Issuance Agreement (Qt 5 Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true true, correct and correct complete in all respects when made, and shall be true true, correct and correct complete in all respects on the date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the Closing Date. The Company shall have performed or complied with all obligations covenants, agreements and conditions herein contained in this Agreement required to be performed or observed complied with by it at the Company on or prior to the ClosingClosing Date.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Driveway Corp), Preferred Stock Purchase Agreement (Driveway Corp)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be have been true and correct in all material respects when made, and shall be true and correct in all material respects on the date of the Closing Date with the same force and effect as if they had been made on and as of said such date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it at on or prior to the Closing.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Beacon Power Corp)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be have been true and correct in all material respects when made, and shall be true and correct in all material respects on the date of the First Closing Date with the same force and effect as if they had been made on and as of said such date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it at on or prior to the First Closing.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Satcon Technology Corp)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the Company no Material Adverse Event shall have performed all obligations and conditions herein required to be performed or observed by it at or occurred prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Atg Inc)

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Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Second Addendum; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at or prior to the Closing.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Xcyte Therapies Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on the date of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this AddendumDate; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at on or prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Subscription Agreement (Front Royal Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall and in the other agreements to be delivered by the Company at the Closing were true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations and conditions required herein required or therein to be performed or observed by it at on or prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (You Bet International Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct on the date of the Closing Date with the same force and effect as if they had been made on and as of said date; the Company's business, subject operations and assets shall not have been adversely affected in any material way prior to changes contemplated by this Addendumthe Closing Date; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at on or prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Addvantage Media Group Inc /Ok

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall will be true and correct in all material respects when made, and shall will be true and correct in all material respects on the date of the Closing with the same force and effect as if they had been made on and as of said datethe date of the Closing, subject to changes contemplated by this Addendum; and the Company shall will have performed all obligations and conditions herein required to be performed or observed by it at on or prior to the date of the Closing.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Multicom Publishing Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company and in Section 3 hereof shall be true true, correct and correct complete in all respects when made, and shall be true true, correct and correct on the date complete in all respects as of the each applicable Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the such Closing. The Company shall have performed or complied with all obligations covenants, agreements and conditions herein contained in this Agreement required to be performed or observed complied with by it at the Company on or prior to the each Closing.

Appears in 1 contract

Samples: Series E Preferred Stock Purchase Agreement (Techniscan)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and, except for representations and warranties which are as of a specified date, shall be true and correct on the date as of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at or prior to the ClosingAgreement.

Appears in 1 contract

Samples: Common Stock Subscription Agreement (Accelerated Networks Inc)

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