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 on the date of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at or prior to the Closing.
Appears in 5 contracts
Samples: Funding Agreement (Omeros Corp), Series D Preferred Stock Purchase Agreement (Xcyte Therapies Inc), Series a Preferred Stock Purchase Agreement (Etoys 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 date of the Closing Date with the same force and effect as if they had been made on and as of said date, subject . The Company's business and assets shall not have been adversely affected in any material way prior to changes contemplated by this Addendum; 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 at on or prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Unit Purchase Agreement (Aureal Semiconductor Inc), Common Stock Purchase Agreement (Oaktree Capital Management LLC /Adv), 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 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, subject to changes contemplated by this AddendumAgreement; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at on or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Debenture Purchase & Security Agreement (Fastcomm Communications Corp), Debenture Purchase & Security Agreement (Wesley Clover 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 date of the Closing Date with the same force and effect as if they had been made on and as of said such date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it at or prior to the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Beacon Power Corp), Securities Purchase Agreement (Satcon Technology Corp)
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 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, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at them on or prior to the ClosingClosing 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 true and correct when made, and shall be true and correct 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 operations and assets shall not have been adversely affected in any material way prior to changes contemplated by this Addendumthe Closing Date; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at on or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Addvantage Media Group Inc /Ok)
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 on the date of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Second Addendum; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at or prior to the Closing.
Appears in 1 contract
Samples: 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 on at the date time of the Closing with the same force and effect as if they had been made on and as of said date, subject to changes contemplated by this Addendumexcept for representations and warranties made as of a specific date which shall be true and correct as of such date; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it at under this Agreement on or prior to the Closing.
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 date of the First Closing Date with the same force and effect as if they had been made on and as of said such date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it at on or prior to the First 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 Article III hereof shall be true and correct when made, and shall be true and correct on the date as of the Closing with the same force and effect Date as if they had been made on and as of said date, subject to changes contemplated by this Addendumthe Closing Date; and on or prior to the Closing Date the Company shall have performed all obligations and satisfied all conditions herein required to be performed or observed satisfied by it at on or prior to the ClosingClosing 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 have been true and correct in all material respects 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 such date, subject to changes contemplated by this Addendum; and the Company shall have performed all obligations obligations, covenants and conditions agreements herein required to be performed or observed by it at on or prior to the ClosingClosing Date.
Appears in 1 contract
