Parent Covenants and Representations. (a) Parent represents and warrants to the Company that Parent, as of the date of this Amendment, it has access to, and on the Closing Date it will have, all funds necessary for the payment of the aggregate Cash Consideration as contemplated in Sections 1.5 and 5.3 of the Merger Agreement (as amended by this Amendment).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Acelrx Pharmaceuticals Inc), Agreement and Plan of Merger (Tetraphase Pharmaceuticals Inc)
Parent Covenants and Representations. (a) Parent represents and warrants to the Company that Parent, as of the date of this Amendment, it has access to, and on the Closing Date it will have, all funds necessary for the payment of the aggregate Cash Consideration as contemplated in Sections 1.5 and 5.3 of the Merger Agreement (as amended by Amendment No. 1 and further amended by this Amendment).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tetraphase Pharmaceuticals Inc), Agreement and Plan of Merger (Acelrx Pharmaceuticals Inc)
