Common use of Representations, Performance, etc Clause in Contracts

Representations, Performance, etc. The representations and warranties of the Purchaser contained in this Agreement or in any certificate or document delivered in connection herewith 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 and covenants required by this Agreement or in any other agreement, instrument or document contemplated hereby to be performed or complied with by Purchaser prior to or at the Closing Date. The Purchaser shall have delivered to the Seller a certificate signed by an executive 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.

Representations, Performance, etc. The representations and warranties of the Purchaser Seller contained in this Agreement or in any certificate or document delivered in connection herewith 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 Seller 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 Seller shall have duly performed and complied with all agreements agreements, covenants and covenants conditions required by this Agreement or in any other agreement, instrument or document contemplated hereby to be performed or complied with by Purchaser Seller prior to or at the Closing Date. The Purchaser Seller shall have delivered to the Seller Purchaser a certificate signed by an executive officer of the Purchaser Seller familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this SECTION 4.2.1Section 4.1.1.

Representations, Performance, etc. The representations and warranties of the Purchaser XXXX contained in this Agreement or in any certificate or document delivered in connection herewith that are not conditioned as to materiality shall be true and correct when made and true 41 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 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 Company and XXXX shall have duly performed and complied with all agreements agreements, covenants and covenants conditions required by this Agreement or in any other agreement, instrument or document contemplated hereby to be performed or complied with by Purchaser them prior to or at the Closing Date. The Purchaser XXXX shall have delivered to the Seller Purchaser a certificate of XXXX signed by an executive 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 4.2.1Section 4.1.1.

Representations, Performance, etc. The representations and warranties of the Purchaser Seller contained in this Agreement or in any certificate or document delivered in connection herewith 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 Seller 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 Seller shall have duly performed and complied with all agreements and covenants required by this Agreement or in any other agreement, instrument or document contemplated hereby to be performed or complied with by Purchaser the Seller prior to or at the Closing Date. The Purchaser Seller shall have delivered to the Seller Purchaser a certificate signed by an executive officer of the Purchaser Seller familiar with the transactions contemplated by this Agreement, dated the Closing Date, to the effect set forth above in this SECTION 4.2.14.1.1.