Representations and Warranties of BMS. BMS represents and warrants to the Company, as of the Effective Date, that ERS is a wholly owned subsidiary of BMS and that ERS owns or controls all or substantially all of BMS's pharmaceutical business in the U.S.
Representations and Warranties of BMS. 9.2.1 BMS represents and warrants to Elixir that to the best of its knowledge that as of the Effective Date (i) there is no pending litigation which alleges, or any written communication alleging, that BMS-* or any Licensed Compound or BMS’ activities with respect to the BMS Patent Rights or BMS-* Patent Rights or BMS-* or the Licensed Compounds have infringed or misappropriated any of the intellectual property rights of any Third Party, and BMS has notified Elixir of all Third Party patent rights of which BMS is aware that are related to the foregoing activities, (ii) all fees required to be paid by BMS in order to maintain the BMS Patent Rights have been paid to date, and none of such BMS Patent Rights have been abandoned or cancelled for failure to prosecute or maintain them, (iii) it has not nor has any of its Affiliates previously assigned, transferred, licensed, conveyed or otherwise encumbered any of its, or its Affiliates’, right, title and interest in the BMS Patent Rights or the BMS Know-How, (iv) BMS (and none of its Affiliates) owns all right, title and interest in and to the BMS Patent Rights, (v) there is no technical information or know-how Controlled by an Affiliate of BMS that would * Confidential Treatment Requested qualify as “BMS Know-How” if it were Controlled by BMS instead of an Affiliate of BMS, (vi) Appendix 1 and Appendix 5 set forth all patent rights that are necessary for the manufacture, Development and/or Commercialization of Licensed Compounds and/or Licensed Products, and BMS-*, respectively, that are owned or otherwise Controlled by BMS or its Affiliates as of the Effective Date.
Representations and Warranties of BMS. BMS represents and warrants that as of the Effective Date:
Representations and Warranties of BMS. BMS represents, warrants and covenants to ITI that:
Representations and Warranties of BMS. 9.2.1 BMS represents and warrants to Pharmacopeia that as of the Effective Date, to the actual knowledge of BMS: (i) there is no pending litigation which alleges, or any written communication alleging, that BMS’ activities with respect to the BMS Patent Rights or the Licensed Compounds have infringed or misappropriated any of the intellectual property rights of any Third Party, and (ii) all fees (including legal fees) required to be paid by BMS in order to maintain the BMS Patent Rights have been paid to date.
Representations and Warranties of BMS. Except as set forth in EXHIBIT 9.2, BMS hereby represents and warrants to DURA that:
Representations and Warranties of BMS. Except, in each case, (i) as set forth in the Schedules attached hereto (provided that the disclosure in any Schedule shall qualify only (a) the corresponding section or subsection of this Agreement and (b) any other section or subsection of this Agreement only to the extent it is reasonably apparent from a read of the text of such disclosure that such disclosure is applicable to such other section or subsection of this Agreement), and (ii) as to any matter, effect, state of affairs or fact caused by or resulting from any act or omission on the part of Purchaser or its Affiliates, or any Third Party acting on behalf of Purchaser or its Affiliates, during the Collaboration Term, BMS hereby represents and warrants to Purchaser as of the date hereof, as of the Effective Date and, except to the extent otherwise specified within the text of the applicable representation or warranty, as of the Purchase Closing Date, as follows:
Representations and Warranties of BMS. BMS represents and warrants to Purchaser, as of the Closing Date, as follows:
Representations and Warranties of BMS. Except as set forth on Schedule 9.4, BMS hereby represents and warrants to Immatics that: Certain confidential information contained in this document, marked by [**], has been omitted because Immatics N.V. (the “Company”) has determined that the information (i) is not material and (ii) is customarily and actually treated by the Company as private or confidential.
Representations and Warranties of BMS. 9.2.1 BMS represents and warrants to Sunesis that to the best of its knowledge (i) there is no pending litigation which alleges, or any written communication alleging, that any Licensed Compound or BMS’ activities with respect to the BMS Patent Rights or the Licensed Compounds have infringed or misappropriated any of the intellectual property rights of any Third Party; (ii) all fees [*] Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
