Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 (except for Section 3.5 and 3.7) and the representations and warranties which are incorporated by reference from the Underwriting Agreement shall be true and correct as of the Closing, and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing and shall have delivered an officer's certificate as to the matters set forth in this Section 5.1(b).
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Palm Inc), Common Stock Purchase Agreement (Palm Inc), Common Stock Purchase Agreement (Palm Inc)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 (except for Section 3.5 and 3.7) and the representations and warranties which are incorporated by reference from the Underwriting Agreement hereof shall be true and correct in all material respects as of the Closingdate the Agreement was executed, and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with observed by it on or prior to the Closing and shall have delivered an officer's certificate as to the matters set forth in this Section 5.1(b)Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 (except for Section 3.5 and 3.7) and the representations and warranties which are incorporated by reference from the Underwriting Agreement shall be true and correct as of the Closing, and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing and shall have delivered an officer's certificate as to the matters set forth in this Section 5.1(b).
Appears in 1 contract
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 (except for Section 3.5 and 3.7) and the representations and warranties which are incorporated by reference from the Underwriting Agreement hereof shall be true and correct in all material respects as of the ClosingIssuance Time with the same force and effect as if they had been made as of the Issuance Time, and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with observed by it on at or prior to the Closing and shall have delivered an officer's certificate as to the matters set forth in this Section 5.1(b)Issuance Time.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Sealed Air Corp/De)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 (except for Section 3.5 and 3.7) and the representations and warranties which are incorporated by reference from the Underwriting Agreement in Annex 1 shall be true and correct in all material respects as of the ClosingClosing (except to the extent expressly made as of an earlier date, in which case, as of such earlier date), and the Company shall have performed and complied with all material obligations and conditions herein required to be performed or complied with by it on or prior to the Closing and shall have delivered an officer's certificate as to the matters set forth in this Section 5.1(b)Closing.
Appears in 1 contract
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 (except for Section 3.5 Sections 3.1, 3.2, 3.3, 3.4, 3.6 and 3.7) and the representations and warranties which are incorporated by reference from the Underwriting Agreement 3.8 hereof, shall be true and correct in all material respects as of the Closing with the same force and effect as if they had been made as of the Closing, and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing and shall have delivered an officer's certificate as to the matters set forth in this Section 5.1(b)Closing.
Appears in 1 contract