REPRESENTATIONS AND WARRANTIES OF FORTRESS. Fortress represents and warrants to Initial Investor that (a) Fortress is duly authorized to execute, deliver and perform this Agreement; (b) this Agreement has been duly authorized, executed and delivered by Fortress and is a valid and binding agreement of Fortress, enforceable against Fortress in accordance with its terms; and (c) the execution, delivery and performance by Fortress of this Agreement does not violate or conflict with or result in a breach by Fortress of or constitute (or with notice or lapse of time or both constitute) a default by Fortress under its Certificate of Formation, the Operating Agreement, any existing applicable Law of any Governmental Entity exercising any statutory or regulatory authority of any of the foregoing, domestic or foreign, having jurisdiction over Fortress, any of the Fortress Subsidiaries or any of the Fortress Funds or any of their respective properties or assets, or any agreement or instrument to which Fortress or any of the Fortress Subsidiaries or any of the Fortress Funds is a party or by which Fortress, any of the Fortress Subsidiaries or any of the Fortress Funds or any of their respective properties or assets may be bound.
REPRESENTATIONS AND WARRANTIES OF FORTRESS. 3 SECTION 2.01 Organization....................................................3 SECTION 2.02
REPRESENTATIONS AND WARRANTIES OF FORTRESS. Fortress represents and warrants to Capstead as follows:
REPRESENTATIONS AND WARRANTIES OF FORTRESS. Fortress represents and warrants that the representations and warranties set forth below are true and correct as of the date of this Agreement and shall be true and correct at the time of Closing and that such representations and warranties as made at the time of Closing shall survive the Closing.
REPRESENTATIONS AND WARRANTIES OF FORTRESS. Fortress hereby makes the following representations and warranties and covenants to InvaGen:
