Representations and warranties of ADG. The execution and delivery by ADG of this Agreement and the performance by ADG of its obligations hereunder (i) have been duly authorized by all requisite corporate action; (ii) do not require the approval of any third Person, including stockholder approval in their capacity as such; and (iii) do not and will not violate any law, rule or regulation, any order of any court or other agency of government, the Certificate of Incorporation of ADG, as amended, or the By-Laws of ADG, as amended, any policy, procedures or codes of ADG, or any provision of any indenture, agreement or other instrument to which ADG or any of its properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of, or give rise to, any lien, charge, restriction, claim, encumbrance or adverse penalty of any nature whatsoever pursuant to any such indenture, agreement or other instrument. ADG has the full legal right and power and all authority and approval required to enter into, execute and deliver this Agreement and to perform fully its obligations hereunder. This Agreement constitutes the valid and binding obligation of ADG enforceable against it in accordance with the terms hereof.
Representations and warranties of ADG. Tecogen represents and warrants to ADG Energy as follows, in each case as of the Effective Date:
Representations and warranties of ADG. Tecogen represents and warrants to ADG Energy as follows, in each case as of the Effective Date: Portions of this exhibit were omitted and filed separately with the Secretary of the Securities and Exchange Commission pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. Such portions are marked by [****].
Representations and warranties of ADG. Portions of this exhibit were omitted and filed separately with the Secretary of the Securities and Exchange Commission pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. Such portions are marked by [****]. Tecogen represents and warrants to ADG Energy as follows, in each case as of the Effective Date:
