Common use of Representations, Warranties and Covenants of Asthmatx Clause in Contracts

Representations, Warranties and Covenants of Asthmatx. Asthmatx represents, warrants and covenants that, as of the Effective Date: (a) The execution, delivery and performance of this Agreement by Asthmatx have been duly authorized by all necessary corporate action on the part of Asthmatx; (b) Asthmatx has not granted any right, license or interest in, to or under the Asthmatx Existing IP or Asthmatx Future IP that is in conflict with, or that is inconsistent with, the rights and licenses granted by Asthmatx to Broncus under this Agreement; and (c) To the best of Asthmatx’s knowledge, without investigation of any particular matter, there are no actions, suits, investigations, claims or proceedings, either pending or threatened, relating to the Asthmatx Existing IP. ***** Certain portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission.

Representations, Warranties and Covenants of Asthmatx. Asthmatx represents, warrants and covenants that, as of the Effective Date: (a) The execution, delivery and performance of this Agreement by Asthmatx have been duly authorized by all necessary corporate action on the part of Asthmatx; (b) Asthmatx has not granted any right, license or interest in, to or under the Asthmatx Existing IP or Asthmatx Future IP that is in conflict with, or that is inconsistent with, the rights and licenses granted by Asthmatx to Broncus under this Agreement; and (c) To the best of Asthmatx’s knowledge, without investigation of any particular matter, there are no actions, suits, investigations, claims or proceedings, either pending or threatened, relating to the Asthmatx Existing IP. ***** Certain Confidential portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission.

Representations, Warranties and Covenants of Asthmatx. Asthmatx represents, warrants and covenants that, as of the Effective Date: (a) The execution, delivery and performance of this Agreement by Asthmatx have been duly authorized by all necessary corporate action on the part of Asthmatx; (b) Asthmatx has not granted any right, license or interest in, to or under the Asthmatx Existing IP or Asthmatx Future IP that is in conflict with, or that is inconsistent with, the rights and licenses granted by Asthmatx to Broncus under this Agreement; and (c) To the best of Asthmatx’s knowledge, without investigation of any particular matter, there are no actions, suits, investigations, claims or proceedings, either pending or threatened, relating to the Asthmatx Existing IP. ***** Certain portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission.