Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said date. The Company's business and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.
Appears in 5 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Oaktree Capital Management LLC /Adv), Unit Purchase Agreement (Aureal Semiconductor Inc), Unit Purchase Agreement (Oaktree Capital Management LLC /Adv)
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on the date of the Closing Date with the same force and effect as if they had been made on and as of said date. The Company's business , subject to changes contemplated by this Addendum; and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on at or prior to the Closing DateClosing.
Appears in 5 contracts
Samples: Funding Agreement (Omeros Corp), Series a Preferred Stock Purchase Agreement (Etoys Inc), Series D Preferred Stock Purchase Agreement (Xcyte Therapies Inc)
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said date. The Company's business and assets shall not have been adversely affected in any material way prior to the Closing Date. The ; and the Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.
Appears in 4 contracts
Samples: Series M Preferred Stock Purchase Agreement (Genomic Solutions Inc), Series B Preferred Stock Purchase Agreement (Genomic Solutions Inc), Series M Preferred Stock Purchase Agreement (Genomic Solutions Inc)
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof 4 shall be true and correct in all respects when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said date. The Company's business ; and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it them on or prior to the Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gardenburger Inc), Stock Purchase Agreement (Gardenburger Inc)
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be have been true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said such date. The Company's business , and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it on or prior to the Closing DateClosing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Satcon Technology Corp), Securities Purchase Agreement (Beacon Power Corp)
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 Article III hereof shall be true and correct when made, and shall be true and correct in all material respects on as of the Closing Date with the same force and effect as if they had been made on and as of said date. The Company's business the Closing Date; and assets shall not have been adversely affected in any material way on or prior to the Closing Date. The Date the Company shall have performed in all material respects all obligations and satisfied all conditions herein required to be performed or observed satisfied by it on or prior to the Closing Date.
Appears in 1 contract
Samples: Investment Agreement (Zebu)
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on at the time of the Closing Date with the same force and effect as if they had been made on and as of said date. The Company's business , except for representations and assets warranties made as of a specific date which shall not have been adversely affected in any material way prior to be true and correct as of such date; and the Closing Date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it under this Agreement on or prior to the Closing DateClosing.
Appears in 1 contract
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be have been true and correct in all material respects when made, and shall be true and correct in all material respects on the First Closing Date with the same force and effect as if they had been made on and as of said such date. The Company's business , and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it on or prior to the Closing DateFirst Closing.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Satcon Technology Corp)
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be have been true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said such date. The Company's business , and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it on or prior to the Closing Date.
Appears in 1 contract
Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on the date of the Closing Date with the same force and effect as if they had been made on and as of said date. The Company's business , subject to changes contemplated by this Second Addendum; and assets shall not have been adversely affected in any material way prior to the Closing Date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on at or prior to the Closing DateClosing.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Xcyte Therapies Inc)