Representations and Compliance. The representations of the Company contained in this Agreement were accurate as of the date of this Agreement and are accurate as of the Closing Date, in all respects (in the case of any representation containing any materiality qualification) or in all material respects (in the case of any representation without any materiality qualification), except for representations and warranties made as of a specific date, which shall be accurate as of such date. The Company shall in all material respects have performed each obligation and agreement and complied with each covenant to be performed and complied with by it hereunder at or prior to the Closing Date.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Kura Oncology, Inc.), Agreement and Plan of Merger (Znomics, Inc.), Agreement and Plan of Merger (Oneida Resources Corp.)
Representations and Compliance. The representations of the Company contained in this Agreement were shall be accurate as of the date of this Agreement and are accurate as of the Closing DateEffective Time, in all respects (in the case of any representation containing any materiality qualification) or in all material respects (in the case of any representation without any materiality qualification), except for representations and warranties made as of a specific date, which shall be accurate as of such date. The Company shall in all material respects have performed each obligation and agreement and complied with each covenant to be performed and complied with by it hereunder at or prior to the Closing Effective Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Mw Medical Inc), Agreement and Plan of Merger and Reorganization (Global Internet Communications Inc)
Representations and Compliance. The representations of the Company Parties contained in this Agreement were accurate as of the date of this Agreement and are accurate as of the Closing Date, in all respects (in the case of any representation containing any materiality qualification) or in all material respects (in the case of any representation without any materiality qualification), except for representations and warranties made as of a specific date, which shall be accurate as of such date. The Each Company Party shall in all material respects have performed each obligation and agreement and complied with each covenant to be performed and complied with by it hereunder at or prior to the Closing Date.
Appears in 2 contracts
Samples: HTM Agreement and Plan, Agreement and Plan of Securities Exchange (Minn Shares Inc)
Representations and Compliance. The representations of the Company contained in this Agreement were are accurate as of the date of this Agreement and are will be accurate as of the Closing Date, in all respects (in the case of any representation containing any materiality qualification) or in all material respects (in the case of any representation without any materiality qualification)respects, except for representations and warranties made as of a specific date, which shall be accurate as where the failure of such daterepresentations would not have a Material Adverse Effect. The Company shall in all material respects have performed each obligation and agreement and complied with each covenant to be performed and complied with by it hereunder at or prior to the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Neah Power Systems, Inc.)
