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

Representations, Warranties and Covenants of SEQUENOM. SEQUENOM ----------------------------------------------------- represents and warrants to and covenants with SPECIALTY that: (a) SEQUENOM, Inc. is a corporation duly organized, validly existing and in corporate good standing under the laws of Delaware, United States; (b) SEQUENOM has the legal right, authority and power to enter into this Agreement; (c) SEQUENOM has taken all necessary action to authorize the execution, delivery and performance of this Agreement; (d) upon the execution and delivery of this Agreement, this Agreement shall constitute a valid and binding obligation of SEQUENOM enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' and contracting parties' rights generally and except as enforceability may be subject to general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law); and (e) the performance of its obligations under this Agreement will not conflict with its charter documents or result in a breach of any agreements, contracts or other arrangements to which it is a party.

Representations, Warranties and Covenants of SEQUENOM. SEQUENOM ----------------------------------------------------- represents and warrants to and covenants with SPECIALTY that: (a) SEQUENOM, Inc. Inc, is a corporation duly organized, validly existing and in corporate good standing under the laws of Delaware, United States; (b) SEQUENOM has the legal right, authority and power to enter into this Agreement; (c) SEQUENOM has taken all necessary action to authorize the execution, delivery and performance of this Agreement; (d) upon the execution and delivery of this Agreement, this Agreement shall constitute a valid and binding obligation of SEQUENOM enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' and contracting parties' rights generally and except as enforceability may be subject to general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law); and (e) the performance of its obligations under this Agreement will not conflict with its charter documents or result in a breach of any agreements, contracts or other arrangements to which it is a party.