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 Article III hereof shall be true and correct in all material respects as of the date of this Agreement and as of the Closing Date (except with respect to representations and warranties made as of a specific time, which shall be true in all material respects as of such time, and except for representations and warranties containing a materiality qualification, which must be true in all respects) with the same effect as though such representations and warranties had been made at and as of the Closing Date; and the Company shall have performed all obligations herein required to be performed by it on or prior to the Closing Date in all material respects (except with respect to obligations containing a materiality qualification, which must be performed in all respects).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Pennsylvania Commerce Bancorp Inc), Stock Purchase Agreement (Softbank Holdings Inc Et Al)

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Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by of the Company Purchaser in Article III IV hereof shall be true and correct in all material respects as of the date of this Agreement and as of the such Closing Date (except with respect to representations and warranties made as of a specific time, which shall be true in all material respects as of such time, and except for representations and warranties containing a materiality qualification, which must be true in all respects) with the same effect as though such representations and warranties had been made at and as of the such Closing Date; and the Company Purchaser shall have performed all obligations herein required to be performed by it on or prior to the such Closing Date in all material respects (except with respect to obligations covenants containing a materiality qualification, which must be performed in all respects).

Appears in 1 contract

Samples: Stock Purchase Agreement (Softbank Holdings Inc Et Al)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by of the Company Purchaser in Article III IV hereof shall be true and correct in all material respects as of the date of this Agreement and as of the Closing Date (except with respect to representations and warranties made as of a specific time, which shall be true in all material respects as of such time, and except for representations and warranties containing a materiality qualification, which must be true in all respects) with the same effect as though such representations and warranties had been made at and as of the Closing Date; and the Company Purchaser shall have performed all obligations herein required to be performed by it on or prior to the Closing Date in all material respects (except with respect to obligations covenants containing a materiality qualification, which must be performed in all respects).

Appears in 1 contract

Samples: Stock Purchase Agreement (Pennsylvania Commerce Bancorp Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by of the Company Purchasers in Article III IV hereof shall be true and correct in all material respects as of the date of this Agreement and as of the such Closing Date (except with respect to representations and warranties made as of a specific time, which shall be true in all material respects as of such time, and except for representations and warranties containing a materiality qualification, which must be true in all respects) with the same effect as though such representations and warranties had been made at and as of the Closing Date; and the Company Purchasers shall have performed all obligations herein required to be performed by it them on or prior to the such Closing Date in all material respects (except with respect to obligations covenants containing a materiality qualification, which must be performed in all respects).

Appears in 1 contract

Samples: Stock Purchase Agreement (Softbank Holdings Inc Et Al)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Article III hereof shall be true and correct in all material respects as of the date of this Agreement and as of the Closing Date (except with respect to representations and warranties made as of a specific time, which shall be true in all material respects as of such time, and except for representations and warranties containing a materiality qualification, qualifications which must be true in all respects) with the same effect as though such representations and warranties had been made at and as of the Closing Date; and the Company shall have performed all obligations herein required to be performed by it on or prior to the Closing Date in all material respects (except with respect to obligations containing a materiality qualification, which must be performed in all respects).

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Gsi Commerce Inc)

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Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by of the Company purchaser in Article III IV hereof shall be true and correct in all material respects as of the date of this Agreement and as of the such Closing Date (except with respect to representations and warranties made as of a specific time, which shall be true in all material respects as of such time, and except for representations and warranties containing a materiality qualification, qualification which must be true in all respects) with the same effect as though such representations and warranties had been made at and as of the Closing Date; and the Company Purchaser shall have performed all obligations herein required to be performed by it on or prior to the such Closing Date in all material respects (except with respect to obligations covenants containing a materiality qualification, qualification which must be performed in all respects).

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Gsi Commerce Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Article III hereof shall be true and correct in all material respects as of the date of this Agreement and as of the such Closing Date (except with respect to representations and warranties made as of a specific time, which shall be true in all material respects as of such time, and except for representations and warranties containing a materiality qualification, which must be true in all respects) with the same effect as though such representations and warranties had been made at and as of such Closing Date, provided, however, that the representation set forth in Section 3.5(c) shall be deemed true in all material respects as of such Closing Date so long as the Company updates Schedule 3.5(c) as of such Closing Date; and the Company shall have performed all obligations herein required to be performed by it on or prior to the such Closing Date in all material respects (except with respect to obligations containing a materiality qualification, which must be performed in all respects).

Appears in 1 contract

Samples: Stock Purchase Agreement (Softbank Holdings Inc Et Al)

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