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 in all material respects on 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 and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.

Appears in 5 contracts

Samples: Common Stock Purchase Agreement (Oaktree Capital Management LLC /Adv), Preferred Stock Purchase Agreement (Oaktree Capital Management LLC /Adv), Preferred Stock Purchase Agreement (Aureal Semiconductor 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 have been true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said such date. The Company's business , and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it on or prior to the Closing DateClosing.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Beacon Power Corp), Securities 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 in all material respects on the Closing Date Dates with the same force and effect as if they had been made on and as of said date. The Company's business and assets shall not have been adversely affected in any material way prior to the Closing DateDates. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing DateDates.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Mitokor), Preferred Stock Purchase Agreement (Mitokor)

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 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 to changes contemplated by this Agreement; and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.

Appears in 2 contracts

Samples: Debenture Purchase & Security Agreement (Fastcomm Communications Corp), Debenture Purchase & Security Agreement (Wesley Clover Corp)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company and the Founders in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on 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 business, results of operations, properties and assets shall not have been be adversely affected in any material way prior to the Closing DateDate from April 30, 1998. The -The Company and the Founders shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Finisar Corp)

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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 have been true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said such date. The Company's business , and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it on or prior to the Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Beacon Power Corp)

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 in all material respects on as 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 the Closing Date; and assets shall not have been adversely affected in any material way on or prior to the Closing Date. The Date the Company shall have performed in all material respects all obligations and satisfied all conditions herein required to be performed or observed satisfied by it on or prior to the Closing Date.

Appears in 1 contract

Samples: Investment Agreement (Zebu)

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