REPRESENTATIONS AND WARRANTIES OF XXXXX. Xxxxx hereby represents and warrants to Amylin as of the Effective Date that:
REPRESENTATIONS AND WARRANTIES OF XXXXX. In order to induce the Company to accept this Option Agreement, Xxxxx hereby represents and warrants to the Company as follows:
REPRESENTATIONS AND WARRANTIES OF XXXXX. Xxxxx hereby represents and warrants to the Company as follows:
REPRESENTATIONS AND WARRANTIES OF XXXXX. In order to induce nStor into entering into this Agreement and to purchase the Shares and the Note, Xxxxx hereby represent and warrant to nStor, which representations and warranties shall remain true and correct on the Closing Date, and covenant and agree with nStor, as follows:
REPRESENTATIONS AND WARRANTIES OF XXXXX. Xxxxx hereby represents and warrants to the Shareholders as follows:
REPRESENTATIONS AND WARRANTIES OF XXXXX. Xxxxx hereby represents and warrants to Paragon as follows:
REPRESENTATIONS AND WARRANTIES OF XXXXX. Xxxxx hereby represents and warrants to Seminis as follows:
REPRESENTATIONS AND WARRANTIES OF XXXXX. Xxxxx represents and warrants to the Shareholder that Xxxxx has all requisite corporate power and authority to enter into this Agreement and to perform its obligations hereunder. The execution, delivery and performance by Xxxxx of this Agreement and the consummation by Xxxxx of the transactions contemplated hereby have been duly authorized by the Board of Directors of Xxxxx, and no other corporate action on the part of Xxxxx is necessary to authorize the execution, delivery or performance by Xxxxx of this Agreement and the consummation by Xxxxx of the transactions contemplated hereby. This Agreement has been duly executed and delivered by Xxxxx and is a valid and binding agreement of Xxxxx, enforceable against it in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or other similar laws relating to creditors' rights generally.
REPRESENTATIONS AND WARRANTIES OF XXXXX. Xxxxx hereby represents and warrants to Buyer and Seller that as of the date of this Agreement:
REPRESENTATIONS AND WARRANTIES OF XXXXX. Except (a) as specifically disclosed in a correspondingly numbered section of the disclosure letter (the “Xxxxx Disclosure Letter”) delivered by Xxxxx to Mercury prior to the execution of this Agreement (it being acknowledged and agreed that disclosure of any item in any section or subsection of the Xxxxx Disclosure Letter shall be deemed disclosed with respect to any section or subsection of this Agreement to the extent the applicability of such disclosure is reasonably apparent on its face), or (b) as disclosed in the Xxxxx SEC Documents as publicly filed by Xxxxx with the SEC prior to the date of this Agreement (excluding any risk factor disclosures contained in such documents under the heading “Risk Factors” and any disclosure of risks or other matters included in any “forward-looking statements” disclaimer or other statements that are cautionary, predictive or forward-looking in nature), Xxxxx hereby represents and warrants to Mercury as follows: