Xenova Clause Samples

Xenova. Xenova represents, warrants and covenants to QLT that:

Xenova. (i) has not, at any time, (A) made a general assignment for the benefit of creditors, (B) filed, or had filed against Xenova, any bankruptcy petition or similar filing, (C) suffered the attachment or other judicial seizure of all or a substantial portion of Xenova's assets, (D) admitted in writing Xenova's inability to pay Xenova's debts as they become due, (E) been convicted of, or pleaded guilty to, any felony, or (F) taken or been the subject of any action that may have an adverse effect on Xenova's ability to comply with or perform any of Xenova's covenants or obligations under any of the Transactional Agreements; and (ii) is not subject to any Order that may have an adverse effect on Xenova's ability to comply with or perform any of Xenova's covenants or obligations under any of the Transactional Agreements.