REPRESENTATIONS AND WARRANTIES OF STELLAR. As an inducement to, and to obtain the reliance of Edesa and the Shareholders, Stellar and the Stellar Subsidiaries represent and warrant to Edesa and the Shareholders as follows:
REPRESENTATIONS AND WARRANTIES OF STELLAR. (a) Stellar warrants to Xxxxxx that the Product, at the time of sale and shipment to Xxxxxx, (i) will conform to the applicable Product Manufacturing Specifications and applicable Product Packaging Specifications, as then in effect; (ii) will have been manufactured in accordance with cGMPs as in effect at the time of manufacture; and (iii) will not be adulterated or misbranded within the meaning of the FD&C Act, (iv) will not be an article that may not be introduced into interstate commerce under the provisions of Sections 301, 404 or 505 of the FD&C Act, (v) will not be manufactured, sold or shipped in violation of any agreement, judgment, order, or decree to which Stellar or its Approved Manufacturer is a party, or otherwise, (vi) such merchandise is merchandise which may be legally transported or sold under the provisions of any other applicable federal, state or municipal law; and (vii) will not be manufactured, sold, or shipped in violation of any applicable federal, provincial, or local law, rule, regulation or ordinance in any material respect.
