Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).
Appears in 188 contracts
Samples: Open Market Sale (Chimerix Inc), Open Market Sale (Arrowhead Pharmaceuticals, Inc.), Open Market Sale (TFF Pharmaceuticals, Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section Section 4(p), Section 4(q) and Section 4(r).
Appears in 58 contracts
Samples: Open Market Sale (Avadel Pharmaceuticals PLC), Open Market Sale Agreement (Adicet Bio, Inc.), Sales Agreement (ImmunoPrecise Antibodies Ltd.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q) and Section 4(r).
Appears in 42 contracts
Samples: Open Market Sale (Alvotech), Open Market Sale (Praxis Precision Medicines, Inc.), Open Market Sale (Praxis Precision Medicines, Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(pSection 4(m), Section 4(q) and Section 4(r).
Appears in 8 contracts
Samples: Open Market Sale (Vivani Medical, Inc.), Open Market Sale (Alpha Tau Medical Ltd.), Open Market Sale (VBI Vaccines Inc/Bc)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).
Appears in 8 contracts
Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(m), Section 4(p), Section 4(q) and Section 4(r).
Appears in 6 contracts
Samples: Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(q) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(q). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(r), Section 4(q4(s) and Section 4(r4(t).
Appears in 6 contracts
Samples: Open Market Sale (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q4(o) and Section 4(r4(p).
Appears in 5 contracts
Samples: Open Market Sale (Icahn Enterprises L.P.), Open Market Sale (Icahn Enterprises Holdings L.P.), Open Market Sale (Icahn Enterprises Holdings L.P.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q) and Section 4(r).. (ii)
Appears in 4 contracts
Samples: Urban One, Inc., Urban One, Inc., Urban One, Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).
Appears in 4 contracts
Samples: Sales Agreement (Innate Pharma SA), Sales Agreement (Innate Pharma SA), Sales Agreement (DBV Technologies S.A.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q), Section 4(r) and Section 4(r4(s).
Appears in 4 contracts
Samples: Open Market Sale (Concert Pharmaceuticals, Inc.), Open Market Sale (Neptune Wellness Solutions Inc.), Open Market Sale (Cytosorbents Corp)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(q), Section 4(q4(r) and Section 4(r4(s).
Appears in 4 contracts
Samples: Equity Distribution Agreement (BridgeBio Pharma, Inc.), Prelude Therapeutics Inc, Aura Biosciences, Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).. (ii)
Appears in 4 contracts
Samples: Open Market Sale (Vaccinex, Inc.), Sales Agreement (Tilray Brands, Inc.), Kronos Bio, Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(q), Section 4(q4(r) and Section 4(r4(s).
Appears in 3 contracts
Samples: Sales Agreement (4D Molecular Therapeutics, Inc.), Recursion Pharmaceuticals, Inc., 4D Molecular Therapeutics Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(o), Section 4(q4(p) and Section 4(r4(q).
Appears in 3 contracts
Samples: Sales Agreement (ObsEva SA), Karyopharm Therapeutics Inc., Open Market Sale (Karyopharm Therapeutics Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(k), Section 4(q4(o) and Section 4(r4(p).
Appears in 3 contracts
Samples: Waitr Holdings Inc., Waitr Holdings Inc., Waitr Holdings Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(pSections 4(q), Section 4(q4(r) and Section 4(r4(s).
Appears in 3 contracts
Samples: Viridian Therapeutics, Inc.\DE, Viridian Therapeutics, Inc.\DE, Viridian Therapeutics, Inc.\DE
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q4(o) and Section 4(r4(p).
Appears in 2 contracts
Samples: Waitr Holdings Inc., Waitr Holdings Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied complied, in all material respects, with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).
Appears in 2 contracts
Samples: Open Market Sale (Fuelcell Energy Inc), Open Market Sale (Fuelcell Energy Inc)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(q) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(q). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(r), Section 4(q4(s), Section 4(t) and Section 4(r4(u).
Appears in 2 contracts
Samples: Cti Biopharma Corp, Cti Biopharma Corp
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(oSection 4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(oSection 4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section Section 4(p), Section Section 4(q) and Section Section 4(r).
Appears in 2 contracts
Samples: Sales Agreement (Inventiva S.A.), Sales Agreement (Inventiva S.A.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q), Section 4(r) and Section 4(r4(s).
Appears in 2 contracts
Samples: Open Market Sale (AC Immune SA), Open Market Sale (AC Immune SA)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o3(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o3(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(pSection 3(m), Section 4(q3(q) and Section 4(r3(r).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(n), Section 4(o) and Section 4(p), Section 4(q) and Section 4(r).
Appears in 1 contract
Samples: Nabriva Therapeutics PLC
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(k), Section 4(q4(n) and Section 4(r4(o).
Appears in 1 contract
Samples: Equity Distribution Agreement (Nouveau Monde Graphite Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in , Section 4(p), Section 4(q) and Section 4(r).
Appears in 1 contract
Samples: Wave Life Sciences Ltd.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q), Section 4(r) and Section 4(rSections 4(x)-(aa).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(o), Section 4(q4(p) and Section 4(r4(q).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and ), Section 4(r), and Section 4(s).
Appears in 1 contract
Samples: Bluebird Bio, Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(a)(xv) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(a)(xv). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(a)(xvi), Section 4(q4(a)(xvii) and Section 4(r4(a)(xviii).
Appears in 1 contract
Samples: Open Market Sale (Smart Sand, Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(P), Section 4(q) and Section 4(r).
Appears in 1 contract
Samples: Vor Biopharma Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(oSection 4(q) on or before the date on which delivery of such certificate is required pursuant to Section 4(oSection 4(q). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(pSection 4(r), Section 4(qSection 4(s) and Section 4(rSection 4(t).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(m), Section 4(q4(p) and Section 4(r4(q).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4.(l), Section 4(q4(o) and Section 4(r4(p).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(m), Section 4(p), Section 4(q) and Section 4(r).
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (Janux Therapeutics, Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section Section 4(p), Section 4(q), Section 4(r) and Section 4(r4(s).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(p) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(p). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(pSection 4(q), Section 4(q4(r) and Section 4(r4(s).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(m) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(m). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p4(n), Section 4(q4(o) and Section 4(r4(k).
Appears in 1 contract
Samples: Orchestra BioMed Holdings, Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o5(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o5(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p5(p), Section 4(q5(q), Section 5(s) and Section 4(r5(u).
Appears in 1 contract
Samples: AFC Gamma, Inc.
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q), Section 4(r) and Section 4(r4(s).. (ii)
Appears in 1 contract
Samples: Equity Distribution Agreement (Tilray Brands, Inc.)
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section Section 4(o). The Company shall have performed, satisfied and complied with with, all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section Section 4(p), Section Section 4(q) and Section Section 4(r).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o4(n) on or before the date on which delivery of such certificate is required pursuant to Section 4(o4(n). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q4(o) and Section 4(r4(o).
Appears in 1 contract
Accuracy of the Company’s Representations and Warranties; Performance by the Company. The Company shall have delivered the certificate required to be delivered pursuant to 30 Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).
Appears in 1 contract
Samples: OptiNose, Inc.