Certificate of Acquiror. Target shall have been provided with a certificate executed on behalf of Acquiror by its President and its Chief Financial Officer to the effect that, as of the Effective Time: (i) all representations and warranties made by Acquiror under this Agreement are true and complete in all material respects; and (ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror on or before such date have been so performed in all material respects.
Appears in 7 contracts
Samples: Agreement and Plan of Reorganization (Vignette Corp), Agreement and Plan of Reorganization (Wireless Inc), Acquisition Agreement (Cisco Systems Inc)
Certificate of Acquiror. Target shall have been provided with a certificate executed on behalf of Acquiror by its President and its Chief Financial Officer to the effect that, as of the Effective Time:
(i) all representations and warranties made by Acquiror and Merger Sub under this Agreement are true and complete in all material respects; and
(ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror and Merger Sub on or before such date have been so performed in all material respects.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Cardiometrics Inc), Agreement and Plan of Reorganization (Endosonics Corp)
Certificate of Acquiror. Target shall have been provided with a certificate executed on behalf of Acquiror by its President and its Chief Financial Officer to the effect that, as of the Effective Time:
(i) all representations and warranties made by Acquiror under this Agreement are true and complete in all material respects (except for such representations and warranties that are qualified by their terms by a reference to materiality, which representations and warranties as so qualified shall be true in all respects); and
(ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror on or before such date have been so performed in all material respects.
Appears in 2 contracts
Samples: Merger Agreement (Legato Systems Inc), Merger Agreement (Ontrack Data International Inc)
Certificate of Acquiror. Target shall have been provided with a certificate executed on behalf of Acquiror by its President Chairman and its Chief Financial Officer to the effect that, as of the Effective Time:
(i) all representations and warranties made by Acquiror and Merger Sub under this Agreement are true and complete in all material respects; and
(ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror and Merger Sub on or before such date have been so performed in all material respects.
Appears in 1 contract
Certificate of Acquiror. Target shall have been provided with a certificate executed on behalf of Acquiror by its President and its Chief Financial Officer to the effect that, as of the Effective Time:
(i) except as disclosed in the Acquiror Disclosure Schedule dated the date of this Agreement, all representations and warranties made by Acquiror under this Agreement are true and complete in all material respects; and
(ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror on or before such date have been so performed in all material respects.
Appears in 1 contract
Samples: Merger Agreement (Cisco Systems Inc)
Certificate of Acquiror. Target shall have been provided with a ----------------------- certificate executed on behalf of Acquiror by its President and its Chief Financial Officer to the effect that, as of the Effective Time:
(i) all representations and warranties made by Acquiror under this Agreement are true and complete in all material respects; and
(ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror on or before such date have been so performed in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cacheflow Inc)
Certificate of Acquiror. Target shall have been provided with a ----------------------- certificate executed on behalf of Acquiror by its President and its Chief Financial Officer to the effect that, as of the Effective TimeClosing Date:
(i) all representations and warranties made by Acquiror under this Agreement are true and complete in all material respects; and
(ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror on or before such date have been so performed in all material respects.
Appears in 1 contract
Certificate of Acquiror. Target shall have been provided with a certificate ----------------------- certificate, executed on behalf of Acquiror by its President and its Chief Financial Officer Officer, to the effect that, as of the Effective Time:
(i) all representations and warranties made by Acquiror under this Agreement are true and complete in all material respects; and
(ii) all covenants, obligations and conditions of this Agreement to be performed by Acquiror on or before such date the Effective Time have been so performed in all material respects.
Appears in 1 contract
Samples: Merger Agreement (Hei Inc)
Certificate of Acquiror. Target shall have been provided with a certificate executed on behalf of Acquiror by its President and its Chief Financial Officer to the effect that, as of the Effective Time:
(iA) all representations and warranties made by Acquiror under this Agreement are true and complete correct in all material respects; and
(iiB) all covenants, obligations and conditions of this Agreement to be performed by Acquiror on or before such date have been so performed in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Ashford Com Inc)
