Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 5 hereof shall be true and correct in all material respects (except that any representation or warranty that contains a materiality qualifier shall be true and correct in all respects) as of the Closing Date with the same force and effect as if they had been made as of the Closing Date, and the Company shall have performed all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.
Appears in 9 contracts
Samples: Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp), Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp), Third Series F Preferred Stock and Warrant Purchase Agreement (Greenlight Capital LLC)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 5 hereof shall be true and correct in all material respects (except that any representation or warranty that contains a materiality qualifier shall be true and correct in all respects) as of the such Closing Date with the same force and effect as if they had been made as of the such Closing Date, and the Company shall have performed all obligations and conditions herein required to be performed or observed by it on or prior to the such Closing Date.
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (Halpern Denny Iii Lp), Series F Preferred Stock Purchase Agreement (New World Coffee Manhattan Bagel Inc)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 5 hereof shall be true and correct in all material respects (except that any representation or warranty that contains a materiality qualifier shall be true and correct in all respects) as of the Interim Closing Date with the same force and effect as if they had been made as of the Interim Closing Date, and the Company shall have performed all obligations and conditions herein required to be performed or observed by it on or prior to the Interim Closing Date.
Appears in 1 contract
Samples: Series D Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc)
