Common use of Representations, Performance, etc Clause in Contracts

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

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

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

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