West Representations and Warranties; Covenants. The representations and warranties of West set forth in Article IV hereof (without giving effect to any material adverse effect, materiality or similar qualifier) shall have been true and correct in all respects on and as of the date hereof and at the Closing as if made on the Closing Date (except where such representation and warranty speaks by its terms of a different date, in which case it shall be true and correct as of such date), except to the extent that such inaccuracies in any such representation or warranty have not had, and would not, individually or in the aggregate, have a Material Adverse Effect on West. West shall have performed in all material respects all obligations and complied in all material respects with all agreements, undertakings, covenants and conditions required to be performed by it hereunder at or prior to the Closing, and West shall have delivered to each Investor at the Closing a certificate dated the Closing Date and signed by the chief executive officer and the chief financial officer of West to the effect that the conditions set forth in this Section 7.01(c) have been satisfied.
Appears in 1 contract
West Representations and Warranties; Covenants. The representations and warranties of West set forth in Article IV hereof (without giving effect to any material adverse effect, materiality or similar qualifier) shall have been true and correct in all respects on and as of the date hereof and at the Closing as if made on the Closing Date (except where such representation and warranty speaks by its terms of a different date, in which case it shall be true and correct as of such date), except to the extent that such inaccuracies in any such representation or warranty have not had, and would not, individually or in the aggregate, have a Material Adverse Effect on West. West shall have performed in all material respects all obligations and complied in all material respects with all agreements, undertakings, covenants and conditions required to be performed by it hereunder at or prior to the Closing, and West shall have delivered to each Investor at the Closing a certificate dated the Closing Date and signed by the chief executive officer and the chief financial officer of West to the effect that the conditions set forth in this Section 7.01(c) have been satisfied.. (d)
Appears in 1 contract
West Representations and Warranties; Covenants. The representations and warranties of West set forth in Article IV hereof (without giving effect to any material adverse effect, materiality or similar qualifier) shall have been true and correct in all respects on and as of the date hereof and at the Closing as if made on the Closing Date (except where such representation and warranty speaks by its terms of a different date, in which case it shall be true and correct as of such date), except to the extent that such inaccuracies in any such representation or warranty have not had, and would not, individually or in the aggregate, have a Material Adverse Effect on West. West shall have performed in all material respects all obligations and complied in all material respects with all agreements, undertakings, covenants and conditions required to be performed by it hereunder at or prior to the Closing, and West shall have delivered to each Investor at the Closing a certificate dated the Closing Date and signed by the chief executive officer and the chief financial officer of West to the effect that the conditions set forth in this Section 7.01(c) have been satisfied.
Appears in 1 contract
West Representations and Warranties; Covenants. The representations and warranties of West set forth in Article IV hereof (without giving effect to any material adverse effect, materiality or similar qualifier) shall have been true and correct in all respects on and as of the date hereof and at the Closing as if made on the Closing Date (except where such representation and warranty speaks by its terms of a different date, in which case it shall be true and correct as of such date), except to the extent that such inaccuracies in any such representation or warranty have not had, and would not, individually or in the aggregate, have a Material Adverse Effect on West. West shall have performed in all material respects all obligations and complied in all material respects with all agreements, undertakings, covenants and conditions required to be performed by it hereunder at or prior to the Closing, and West shall have delivered to each Investor at the Closing a certificate dated the Closing Date and signed by the chief executive officer and the chief financial officer of West to the effect that the conditions set forth in this Section 7.01(c) and in Section 7.01(r) have been satisfied.
Appears in 1 contract
