Common use of Representations, Performance, etc Clause in Contracts

Representations, Performance, etc. The representations and warranties of the Seller contained in this Agreement or in any certificate or document delivered in connection herewith that are not conditioned as to materiality shall be true and correct when made and true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Seller that are so qualified as to materiality shall be true and correct when made and at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Seller shall have duly performed and complied with all agreements and covenants required by this Agreement or in any other agreement, instrument or document contemplated hereby to be performed or complied with by the Seller prior to or at the Closing Date. The Seller shall have delivered to the Purchaser a certificate signed by an executive officer of the Seller familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this SECTION 4.1.1.

Appears in 1 contract

Sources: Asset Purchase Agreement (Delta Apparel Inc)

Representations, Performance, etc. The representations and warranties of the Seller Purchaser contained in this Agreement or in any certificate or document delivered in connection herewith that are not conditioned as to materiality shall be true and correct when made and true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Seller Purchaser that are so qualified as to materiality shall be true and correct when made and at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Seller Purchaser shall have duly performed and complied with all agreements and covenants required by this Agreement or in any other agreement, instrument or document contemplated hereby to be performed or complied with by the Seller Purchaser prior to or at the Closing Date. The Seller Purchaser shall have delivered to the Purchaser Seller a certificate signed by an executive officer of the Seller Purchaser familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this SECTION 4.1.14.2.1.

Appears in 1 contract

Sources: Asset Purchase Agreement (Delta Apparel Inc)

Representations, Performance, etc. The representations and warranties of the Seller contained in this Agreement or in any certificate or document delivered in connection herewith that are not conditioned as to materiality shall be true and correct when made and true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Seller that are so qualified as to materiality shall be true and correct when made and at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Seller shall have duly performed and complied with all agreements agreements, covenants and covenants conditions required by this Agreement or in any other agreement, instrument or document contemplated hereby to be performed or complied with by the Seller prior to or at the Closing Date. The Seller shall have delivered to the Purchaser a certificate signed by an executive officer of the Seller familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this SECTION Section 4.1.1.

Appears in 1 contract

Sources: Asset Purchase Agreement (Andrea Electronics Corp)