Common use of Additional Representations and Warranties of Mikart Clause in Contracts

Additional Representations and Warranties of Mikart. Mikart hereby additionally represents and warrants to Vertical the following: (a) Mikart is a corporation duly organized and existing in good standing under the laws of the State of Georgia; (b) There are no material adverse claims pending or, to the best of Mikart’s knowledge, threatened against Mikart by any entity with respect to the Product; (c) Mikart holds a valid ANDA enabling it to manufacture the Product; and (d) Mikart is neither a party to nor otherwise bound by or subject to any agreement, understanding or other undertaking or instrument which prohibits or prevents it or Vertical from performing its obligations under this Agreement or under which such performance would constitute a breach, default or other violation.