Warranty by the Company Sample Clauses

Warranty by the Company. The Company has represented and warranted that the Preferred Stock, when issued, will be validly issued, fully paid and nonassessable.
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Warranty by the Company. 5.1 AAC&R warrants that it will perform the Services with reasonable skill and care.
Warranty by the Company. 7.1 The Company holds all necessary consents, authorisations, regulatory approvals and rights of access to dispose at the Site Fill that complies with the Standards. No other representations or warranties are made or given by the Company under or in connection with this Agreement. All other warranties and conditions implied by law are expressly excluded to the fullest extent permitted by law.
Warranty by the Company. 18.1 For Materials not manufactured by MMJTLS, the warranty shall be the current warranty provided by the manufacturer of the Materials. MMJTLS shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.
Warranty by the Company. 18.1 Subject to the conditions of warranty set out in clause 18.2 AFE warrants that if any defect in any workmanship of AFE becomes apparent and is reported to AFE within twelve (12) months of the date of delivery or completion, then AFE will either (at AFE’s sole discretion) replace or remedy the workmanship.
Warranty by the Company. If any Registration Statement (or any amendment or supplement to any Registration Statement) required to be filed pursuant to Section 2(a) or 3(c) hereof has not been filed by the Company with the SEC prior to April 30, 2004 (the "Initial Filing Deadline"), or the forty-fifth (45th) day following the applicable Registration Trigger Date (as defined in Section 3(c) below), in the case of a filing under Section 3(c) (a "Subsequent Filing Deadline"), or if the Company shall not have caused the Registration Statement to be declared effective by the SEC not later than June 30, 2004 (the "Initial Effectiveness Deadline"), or after a Registration Statement is first declared effective by the SEC, it ceases for any reason to remain continuously effective as to all Registrable Securities for which it is required to be effective, for in any such cases ten Business Days (which need not be consecutive days) in the aggregate during any 12-month period (each such day being a "Non-Effective Day"), then the Company shall use its commercially reasonable efforts to file and have the Registration Statement be declared effective by the Securities Exchange Commission.

Related to Warranty by the Company

  • By the Company The Company will indemnify and hold harmless, to the fullest extent permitted by law and without limitation as to time, each Holder, such Holder’s officers, directors employees, agents, fiduciaries, stockholders, managers, partners, members, affiliates, direct and indirect equityholders, consultants and representatives, and any successors and assigns thereof, and each Person who controls such holder (within the meaning of the Securities Act) (the “Indemnified Parties”) against all losses, claims, actions, damages, liabilities and expenses (including with respect to actions or proceedings, whether commenced or threatened, and including reasonable attorney fees and expenses) (collectively, “Losses”) caused by, resulting from, arising out of, based upon or related to any of the following (each, a “Violation”) by the Company: (i) any untrue or alleged untrue statement of material fact contained in (A) any registration statement, prospectus, preliminary prospectus or Free-Writing Prospectus, or any amendment thereof or supplement thereto or (B) any application or other document or communication (in this Section 6, collectively called an “application”) executed by or on behalf of the Company or based upon written information furnished by or on behalf of the Company filed in any jurisdiction in order to qualify any securities covered by such registration under the “blue sky” or securities laws thereof, (ii) any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading or (iii) any violation or alleged violation by the Company of the Securities Act or any other similar federal or state securities laws or any rule or regulation promulgated thereunder applicable to the Company and relating to action or inaction required of the Company in connection with any such registration, qualification or compliance. In addition, the Company will reimburse such Indemnified Party for any legal or any other expenses reasonably incurred by them in connection with investigating or defending any such Losses. Notwithstanding the foregoing, the Company will not be liable in any such case to the extent that any such Losses result from, arise out of, are based upon, or relate to an untrue statement, or omission, made in such registration statement, any such prospectus, preliminary prospectus or Free-Writing Prospectus or any amendment or supplement thereto, or in any application, in reliance upon, and in conformity with, written information prepared and furnished in writing to the Company by such Indemnified Party expressly for use therein or by such Indemnified Party’s failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Company has furnished such Indemnified Party with a sufficient number of copies of the same. In connection with an underwritten offering, the Company will indemnify such underwriters, their officers and directors, and each Person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the Indemnified Parties or as otherwise agreed to in the underwriting agreement executed in connection with such underwritten offering. Such indemnity and reimbursement of expenses shall remain in full force and effect regardless of any investigation made by or on behalf of such Indemnified Party and shall survive the transfer of such securities by such seller.

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