Representations and Warranties of Volcano. Volcano represents and warrants to Paieon, as of the Effective Date, that:
Representations and Warranties of Volcano. Volcano represents and warrants to Medtronic that the execution and delivery by Volcano of this Agreement and the performance by Volcano of its obligations hereunder have been duly authorized by all requisite corporate action and will not violate any provision of law, any order of any court or other agency of government, the Certificate of Incorporation or Bylaws of Volcano, as amended, or any provision of any indenture, agreement or other instrument to which Volcano 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 any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of Volcano. This Agreement has been duly executed and delivered by Volcano and constitutes the legal, valid and binding obligation of Volcano, enforceable in accordance with its terms, subject, as to the enforcement of remedies, to the discretion of the courts in awarding equitable relief and to applicable bankruptcy, reorganization, insolvency, moratorium and similar laws affecting the rights of creditors generally.
