Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects on the date of the Agreement and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing, and a Certificate duly executed by an officer of the Company, to the effect of the foregoing, shall be delivered to BD.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said date of the Agreement and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing, Closing and a Certificate certificate duly executed by an officer of the Company, to the effect of the foregoing, shall be delivered to BDthe Purchaser.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Hollis Eden Pharmaceuticals Inc /De/), Stock Purchase Agreement (Inhale Therapeutic Systems Inc)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects on the date Closing Date with the same force and effect as if they had been made on and as of said date; except as described in or contemplated by the Offering Memorandum, the business, assets, financial condition and results of operations of the Agreement Company shall not have been adversely affected in any material way prior to the Closing Date; and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing, and a Certificate duly executed by an officer of the Company, to the effect of the foregoing, shall be delivered to BDClosing Date.
Appears in 2 contracts
Samples: Note Purchase Agreement (Bell National Corp), Note Purchase Agreement (Ampersand Medical Corp)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects on the date of the Agreement and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing, and a Certificate duly executed by an officer of the Company, to the effect of the foregoing, shall be delivered to BDPathoGenesis.
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Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 (excepting Section 3.5(b)) hereof shall be true and correct in all material respects on the date as of the Agreement Closing with the same force and effect as if they had been made as of the Closing, and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing, and a Certificate duly executed by an officer of the Company, to the effect of the foregoing, shall be delivered to BD.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Concentric Network Corp)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects on the date as of the Agreement Closing with the same force and effect as if they had been made as of the Closing, and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing, and a Certificate duly executed by an officer of the Company, to the effect of the foregoing, shall be delivered to BD.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Cerus Corp)
Representations and Warranties True; Performance of Obligations. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said date of the Agreement and the Company shall have performed and complied with all obligations and conditions herein required to be performed or complied with by it on or prior to the Closing, and a Certificate duly executed by an officer of the Company, . to the effect of the foregoing, shall be delivered to BDPfizer.
Appears in 1 contract
