Common use of Representations, Performance, etc Clause in Contracts

Representations, Performance, etc. The representations and warranties of the Purchaser contained in Section 2.2 that are not conditioned as to materiality shall be true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Purchaser that are so qualified as to materiality shall be true and correct at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Purchaser shall have duly performed and complied with all agreements, covenants and conditions required by this Agreement to be performed or complied with by it prior to or at the Closing Date. The Purchaser shall have delivered to XXXX a certificate of the Purchaser signed by an officer of the Purchaser familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this Section 4.2.1.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ladd Furniture Inc)

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Representations, Performance, etc. The representations and warranties of the Purchaser contained in Section 2.2 2.3 that are not conditioned as to materiality shall be true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Purchaser that are so qualified as to materiality shall be true and correct at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Purchaser shall have duly performed and complied with all agreements, covenants and conditions required by this Agreement to be performed or complied with by it prior to or at the Closing Date. The Purchaser shall have delivered to XXXX a certificate of the Purchaser signed by an a senior officer of the Purchaser familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this Section 4.2.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ladd Furniture Inc)

Representations, Performance, etc. The representations and warranties of the Purchaser XXXX contained in Section 2.2 2.1 that are not conditioned as to materiality shall be true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Purchaser XXXX that are so qualified as to materiality shall be true and correct at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Purchaser XXXX shall have duly performed and complied with all agreements, covenants and conditions required by this Agreement to be performed or complied with by it prior to or at the Closing Date. The Purchaser XXXX shall have delivered to XXXX the Purchaser a certificate of the Purchaser XXXX signed by an officer of the Purchaser XXXX familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this Section 4.2.1.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ladd Furniture Inc)

Representations, Performance, etc. The representations and warranties of the Purchaser contained in Section 2.2 that are not conditioned as to materiality shall be true and correct when made and true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Purchaser that are so qualified as to materiality shall be true and correct when made and at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Purchaser shall have duly performed and complied with all agreements, covenants and conditions required by this Agreement to be performed or complied with by it prior to or at the Closing Date. The Purchaser shall have delivered to XXXX Seller a certificate of the Purchaser signed by an officer of the Purchaser familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this Section 4.2.1.

Appears in 1 contract

Samples: Asset Purchase Agreement (Andrea Electronics Corp)

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Representations, Performance, etc. The representations and warranties of the Purchaser contained in Section 2.2 2.3 that are not conditioned as to materiality shall be true and correct when made and true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Purchaser that are so qualified as to materiality shall be true and correct when made and at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Purchaser shall have duly performed and complied with all agreements, covenants and conditions required by this Agreement to be performed or complied with by it prior to or at the Closing Date. The Purchaser shall have delivered to XXXX a certificate of the Purchaser signed by an officer of the Purchaser familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this Section 4.2.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ladd Furniture Inc)

Representations, Performance, etc. The representations and warranties of the Purchaser Company and XXXX contained in Section Sections 2.1 and 2.2 that are not conditioned as to materiality shall be true and correct in all material respects at and as of the Closing Date with the same effect as though made at and as of the Closing Date, except as modified by transactions permitted by this Agreement, and all representations and warranties of the Purchaser Company and XXXX that are so qualified as to materiality shall be true and correct at and as of the Closing Date with the same effect as though made at and as of the Closing Date. The Purchaser Company and XXXX shall have duly performed and complied with all agreements, covenants and conditions required by this Agreement to be performed or complied with by it them prior to or at the Closing Date. The Purchaser XXXX shall have delivered to XXXX the Purchaser a certificate of the Purchaser XXXX signed by an a senior officer of each of XXXX and the Purchaser Company familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this Section 4.2.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ladd Furniture Inc)

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