Performance and Representations and Warranties. As of the Closing Date, (i) the Transferor Partners and the Transferor Partnership shall have performed or complied with, in all material respects, all of their respective covenants, agreements and obligations under this Agreement, (ii) the Transferor Partners shall have delivered the Transferor Partners Closing Documents and (iii) all of the representations and warranties of the Transferor Partnership and the Transferor Partners set forth in this Agreement shall be true and correct, in all material respects, as of the Closing Date.
Appears in 9 contracts
Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)
Performance and Representations and Warranties. As of the Closing Date, (i) the Transferor Partners Members and the Transferor Partnership Company shall have performed or complied with, in all material respects, all of their respective covenants, agreements and obligations under this Agreement, (ii) the Transferor Partners Members shall have delivered the Transferor Partners Members Closing Documents and (iii) all of the representations and warranties of the Transferor Partnership Company and the Transferor Partners Members set forth in this Agreement shall be true and correct, in all material respects, as of the Closing Date.
Appears in 4 contracts
Samples: Development Contribution Agreement (Berkshire Realty Co Inc /De), Development Contribution Agreement (Berkshire Realty Co Inc /De), Development Contribution Agreement (Berkshire Realty Co Inc /De)