Common use of Representations and Warranties Correct; Performance of Obligations Clause in Contracts

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 as 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 Agreement.

Appears in 4 contracts

Samples: Series B Preferred Stock Purchase Agreement (Accelerated Networks Inc), Series a Preferred Stock Purchase Agreement (Accelerated Networks Inc), Series C Preferred Stock Purchase Agreement (Accelerated Networks Inc)

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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 as of on 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 Agreement; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Yahoo Inc), Stock Purchase Agreement (Hollywood Entertainment Corp)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true true, correct and correct complete in all respects when made, and shall be true true, correct and correct as of complete in all respects on the Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date. The Company shall have performed or complied with all covenants, subject agreements and conditions contained in this Agreement required to changes contemplated be performed or complied with by this Agreementthe Company on or prior to the Closing Date.

Appears in 2 contracts

Samples: Series a 1 Preferred Stock Purchase Agreement (Driveway Corp), Series B Preferred Stock Purchase Agreement (Driveway Corp)

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 as of on 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 Agreement; and the Company shall have performed all obligations and conditions herein required to be performed or observed by it on or prior to the Closing 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 as of 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, subject and the Company shall have performed all obligations, covenants and agreements herein required to changes contemplated be performed by this Agreementit on or prior to the Closing.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Beacon Power Corp)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company and in Section 3 hereof shall be true true, correct and correct complete in all respects when made, and shall be true true, correct and correct complete in all respects as of the each applicable Closing with the same force and effect as if they had been made on and as of said datesuch Closing. The Company shall have performed or complied with all covenants, subject agreements and conditions contained in this Agreement required to changes contemplated be performed or complied with by this Agreementthe Company on or prior to each Closing.

Appears in 1 contract

Samples: Series E Preferred Stock Purchase Agreement (Techniscan)

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, except for representations and warranties which are as of a specified date, shall be true and correct as 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 Agreement.

Appears in 1 contract

Samples: Common Stock Subscription Agreement (Accelerated Networks Inc)

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Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall will be true and correct in all material respects when made, and shall will be true and correct as in all material respects on the date of the Closing with the same force and effect as if they had been made on and as of said datethe date of the Closing, subject and the Company will have performed all obligations and conditions herein required to changes contemplated be performed or observed by this Agreementit on or prior to the date of the Closing.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Multicom Publishing Inc)

Representations and Warranties Correct; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall and in the other agreements to be delivered by the Company at the Closing were true and correct when made, and shall be true and correct as of on the Closing Date with the same force and effect as if they had been made on and as of said date, subject ; and the Company shall have performed all obligations and conditions required herein or therein to changes contemplated be performed or observed by this Agreementit on or prior to the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (You Bet International 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 as of on the Closing Date with the same force and effect as if they had been made on and as of said date, subject ; no Material Adverse Event shall have occurred prior to changes contemplated by this Agreementthe Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Atg Inc)

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