Common use of Representations and Warranties True; Performance of Obligations Clause in Contracts

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing Date, with the same force and effect as if they had been made on and as of said date, and the Purchaser shall have performed and complied with all agreements and conditions herein required to be performed or complied with by it on or before the Closing.

Appears in 4 contracts

Samples: Series C Preferred Stock Purchase Agreement (Air South Airlines Inc), Series a Preferred Stock Purchase Agreement (Air South Airlines Inc), Series B Preferred Stock Purchase Agreement (Air South Airlines Inc)

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Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser Purchasers in Section 4 3 hereof shall be true and correct in all material respects at the date of the Closing DateClosing, with the same force and effect as if they had been made on and as of said datethe Closing Date, and the Purchaser Purchasers shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with observed by it Purchasers on or before prior to the Closing.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Avatech Solutions Inc), Preferred Stock Purchase Agreement (Avatech Solutions Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser Purchaser(s) in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing Date, with the same force and effect as if they had been made on and as of said dateClosing, and the Purchaser Purchasers shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with observed by it on or before prior to the Closing.

Appears in 2 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Geospatial Corp), Convertible Note and Warrant Purchase Agreement (Geospatial Corp)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing Date, with the same force and effect as if they had been made on and as of said date, ; and the Purchaser shall have performed and complied with all agreements and conditions obligations herein required to be performed or complied with by it on at or before prior to the Closing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (American National Financial Inc), Stock Purchase Agreement (American National Financial Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser in Section 4 6 hereof shall be true and correct in all material respects at on the date of the Closing Date, such closing with the same force and effect as if they had been made on and as of said date, ; and the Purchaser shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with by it on or before the Closingprior to such closing.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Aphton Corp), Collaboration and License Agreement (Aphton Corp)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing DateClosing, with the same force and effect as if they had been made on and as of said date, ; and the Purchaser shall have performed and complied with all agreements and conditions obligations herein required to be performed or complied with by it on at or before prior to the Closing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Fidelity National Financial Inc /De/), Stock Purchase Agreement (American National Financial Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the each Purchaser in Section 4 hereof shall be true and correct in all material respects at the date as of the First Closing, Second Closing Dateor Third Closing, as applicable, with the same force and effect as if they had been made on and as of said datesuch Closing, and the each Purchaser shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with observed by it such Purchaser on or before the prior to such Closing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Technest Holdings Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser in Section 4 3 hereof shall be true and correct in all material respects at the date of the Closing DateClosing, with the same force and effect as if they had been made on and as of said date, ; and the Purchaser shall have performed and complied with all agreements and conditions obligations herein required to be performed or complied with by it on at or before prior to the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (STM Wireless Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser Purchasers in Section SECTION 4 hereof shall be true and correct in all material respects at the date of the Closing Date, with the same force and effect as if they had been made on and as of said datethe Closing Date, and the Purchaser Purchasers shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with observed by it Purchasers on or before prior to the Closing.

Appears in 1 contract

Samples: Series B Preferred Stock Purchase and Exchange Agreement (Planetcad Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser those Purchasers acquiring Notes and Warrants hereby in Section 4 6 hereof shall be true and correct in all material respects at the date as of the Closing Date, Date with the same force and effect as if they had been made on and as of said datethe Closing Date, and the Purchaser Purchasers shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with observed by it them on or before prior to the Closing.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Anthera Pharmaceuticals Inc)

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Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser in Section 4 hereof Purchasers shall be true and correct in all material respects at the date as of the Closing Date, Date with the same force and effect as if they had been made on and as of said datethe Closing Date, and the Purchaser Purchasers shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with observed by it them on or before prior to the Closing.

Appears in 1 contract

Samples: Note Purchase Agreement (Anthera Pharmaceuticals Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser in Section 4 hereof made by each of the Purchasers shall be true and correct in all material respects at the date of the Closing Date, with the same force and effect as if they had been made on and as of said datethe Closing Date, and each of the Purchaser Purchasers shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with by it on or before prior to the Closing.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Pentastar Communications Inc)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing Date, with the same force and effect as if they had been made on and as of said date, and the Purchaser Purchasers shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with by it them on or before prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Common Share Purchase Agreement (Global Markets Access LTD)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the each Purchaser in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing DateClosing, with the same force and effect as if they had been made on and as of said datesuch Closing, and the each Purchaser shall have performed and complied with all agreements obligations and conditions herein required to be performed or complied with observed by it such Purchaser on or before the prior to such Closing.

Appears in 1 contract

Samples: Securities Purchase Agreement (AccelPath, Inc.)

Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Purchaser Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing DateClosing, with the same force and effect as if they had been made on and as of said date, and the Purchaser . The Purchasers shall have performed and complied with all agreements and conditions herein required to be performed or complied with by it the Purchasers on or before the Closing.

Appears in 1 contract

Samples: Series D Preferred Stock Purchase Agreement (Elitra Pharmaceuticals Inc)

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