Delivery of Officers' Certificates. Xceed shall have delivered to ---------------------------------- the Company certificates, dated the Closing Date and signed by an executive officer of Xceed, affirming that: (i) the representations and warranties of Xceed as set forth in Section 3.2 of this Agreement and referred to hereinabove above were and are true, correct and complete as required hereby; and (ii) the conditions set forth in this Section 5.2 have been satisfied. Xceed shall also have delivered a certificate signed by the Secretary of Xceed with respect to the authority and incumbency of the officers of Xceed executing this Agreement and any documents required to be executed or delivered in connection therewith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Xceed Inc)
Delivery of Officers' Certificates. Xceed shall have delivered to ---------------------------------- the Company certificates, dated the Closing Date and signed by an executive officer of Xceed, affirming that: (i) the representations and warranties of Xceed as set forth in Section 3.2 of this Agreement and referred to hereinabove in Subsection 4.2(d) above were and are true, correct and complete as required herebyby Subsection 4.2(d) above; and (ii) the conditions set forth in this Section 5.2 4.2 have been satisfied. Xceed shall also have delivered a certificate signed by the Secretary of Xceed with respect to the authority and incumbency of the officers of Xceed executing this Agreement and any documents required to be executed or delivered in connection therewith.
Appears in 1 contract
Samples: Merger Agreement (Xceed Inc)
Delivery of Officers' Certificates. Xceed shall have delivered to ---------------------------------- the Company and New Sol certificates, dated the Closing Date and signed by an executive officer the Chief Executive Officer of Xceed, affirming that: (i) the representations and warranties of Xceed as set forth in Section 3.2 3.3 of this Agreement and referred to hereinabove in Subsection 4.2(d) above were and are true, correct and complete as required herebyby Subsection 4.2(d) above; and (ii) the conditions set forth in this Section 5.2 4.2 have been satisfied. Xceed shall also have delivered a certificate signed by the Secretary of Xceed with respect to the authority and incumbency of the officers of Xceed executing this Agreement and any documents required to be executed or delivered in connection therewith.
Appears in 1 contract
Samples: Merger Agreement (Xceed Inc)
Delivery of Officers' Certificates. Xceed shall have delivered to ---------------------------------- the Company certificates, dated the Closing Date and signed by an executive officer of Xceed, affirming that: (i) the representations and warranties of Xceed as set forth in Section 3.2 of this Agreement and referred to hereinabove in Subsection 5.2(d) above were and are true, correct and complete as required herebyby Subsection 5.2(d) above; and (ii) the conditions set forth in this Section 5.2 have been satisfied. Xceed shall also have delivered a certificate signed by the Secretary of Xceed with respect to the authority and incumbency of the officers of Xceed executing this Agreement and any documents required to be executed or delivered in connection therewith.
Appears in 1 contract
Samples: Merger Agreement (Xceed Inc)