Common use of Representations, Performance, etc Clause in Contracts

Representations, Performance, etc. The representations and warranties of the Buyer contained in this Agreement and the Collateral Agreements (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made at and as of such time. Buyer shall have duly performed and complied in all material respects with all agreements, covenants and conditions required by this Agreement and the Collateral Agreements to be performed or complied with by it prior to or on the Closing Date. Buyer shall have delivered to Seller a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.

Representations, Performance, etc. The representations and warranties of the Buyer contained in this Agreement and the Collateral Ancillary Agreements (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made at and as of such time. The Buyer shall have duly performed and complied in all material respects with all agreements, covenants agreements and conditions required by this Agreement and the Collateral Ancillary Agreements to be performed or complied with by it prior to or on the Closing Date. The Buyer shall have delivered to the Seller a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.

Representations, Performance, etc. The representations and warranties of the Buyer contained in this Agreement and the Collateral Agreements (i) in Section 3.2 shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualificationqualifications) on and as of the Closing Date with the same effect as though through made at and as of such time. The Buyer shall have duly performed and complied in all material respects with all agreements, covenants agreements and conditions required by this Agreement and the Collateral Agreements to be performed or complied with by it them prior to or on the Closing Date. The Buyer shall have delivered to Seller Acme a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.

Representations, Performance, etc. The representations and warranties of the Buyer contained in this Agreement and the Collateral Agreements in Section 4.2 (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made at and as of such time. The Buyer shall have duly performed and complied in all material respects with all agreements, covenants agreements and conditions required by this Agreement and the Collateral Agreements to be performed or complied with by it prior to or on the Closing Date. The Buyer shall have delivered to Seller the Sellers a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.

Representations, Performance, etc. (a) The representations and warranties of the Buyer contained in this Agreement and the Collateral Agreements (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on at and as of the Closing Date with the same effect as though made at and as of such time. Date. (b) The Buyer shall have duly performed and complied in all material respects with all agreements, covenants agreements and conditions required by this Agreement and the Collateral Agreements to be performed or complied with by it prior to or on the Closing Date. . (c) Each Buyer shall have delivered to Seller the Sellers a certificate, dated the Closing Date and signed by its duly authorized officer, certifying as to the foregoing effectmatters set forth in Section 5.3.1(a) and (b).

Representations, Performance, etc. The representations and warranties of the Buyer contained in this Agreement and the Collateral Agreements (i) Trademark Assignment Agreement in Section 3.2 shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualificationqualifications) on and as of the Closing Date with the same effect as though through made at and as of such time. The Buyer shall have duly performed and complied in all material respects with all agreements, covenants agreements and conditions required by this Agreement and the Collateral Agreements Trademark Assignment Agreement to be performed or complied with by it them prior to or on the Closing Date. The Buyer shall have delivered to Seller MD Industries a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.

Representations, Performance, etc. The representations and warranties of the Buyer contained in this Agreement and the Collateral Agreements (i) in Section 3.2 shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualificationqualifications) on and as of the Closing Date with the same effect as though through made at and as of such time. The Buyer shall have duly performed and complied in all material respects with all agreements, covenants agreements and conditions required by this Agreement and the Collateral Agreements to be performed or complied with by it them prior to or on the Closing Date. The Buyer shall have delivered to Seller Medi-Flex a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.

Representations, Performance, etc. The representations and warranties of the Buyer contained in Section 3.2 of this Agreement and the Collateral Agreements (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualificationqualifications) on and as of the Closing Date with the same effect as though through made at and as of such time. Buyer shall have duly performed and complied in all material respects with all agreements, covenants agreements and conditions required by this Agreement and the Collateral Agreements to be performed or complied with by it prior to or on the Closing Date, including payment of the Purchase Price. Buyer shall have delivered to Seller Maxxim a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.

Representations, Performance, etc. The representations and warranties of the Buyer contained in this Agreement and the Collateral Ancillary Agreements (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made at and as of such time. The Buyer shall have duly performed and complied in all material respects with all agreements, covenants and conditions required by this Agreement and the Collateral Ancillary Agreements to be performed or complied with by it prior to or on the Closing Date. The Buyer shall have delivered to the Seller a certificate, dated the Closing Date and signed by its duly authorized officer, to the foregoing effect.