Common use of Representations, Performance Clause in Contracts

Representations, Performance. The representations and warranties of Transferor contained in this Agreements and in the Collateral Agreements shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof, and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made on and as of the Closing Date. Transferor shall have duly performed and complied in all material respects with all agreements and conditions required by this Agreement and each of the Collateral Agreements to be performed or complied with by it prior to or on the Closing Date. Transferor shall have delivered to the Company a certificate, dated the Closing Date and signed by its duly authorized officers, to the foregoing effect.

Representations, Performance. The representations and warranties of Transferor Seller contained in this Agreements Agreement and in the Collateral Agreements (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereofEffective Date, and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made on and as of the Closing Date. Transferor Seller shall have duly performed and complied in all material respects with all agreements and conditions required by this Agreement and each of the Collateral Agreements to be performed or complied with by it prior to or on the Closing Date. Transferor Seller shall have delivered to the Company Buyer a certificate, dated the Closing Date and signed by its duly authorized officersofficer(s), to the foregoing effect.

Representations, Performance. The representations and warranties of Transferor the Buyer contained in this Agreements Agreement and in the Collateral Agreements (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof, Effective Date and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made on at and as of the Closing Datesuch time. Transferor Buyer shall have duly performed and complied in all material respects with all agreements and conditions required by this Agreement and each of the Collateral Agreements to be performed or complied with by it prior to or on the Closing Date. Transferor Buyer shall have delivered to the Company Seller a certificate, dated the Closing Date and signed by its duly authorized officersofficer, to the foregoing effect.

Representations, Performance. The representations and warranties of Transferor Sellers contained in this Agreements Agreement and in the Collateral Agreements Other Sellers Documents (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof, and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made on and as of the Closing Date. Transferor Sellers shall have duly performed and complied in all material respects with all agreements and conditions required by this Agreement and each of the Collateral Agreements Other Sellers Documents to be performed or complied with by it them prior to or on the Closing Date. Transferor Sellers shall have delivered to the Company Purchaser a duly authorized, properly executed certificate, dated the Closing Date and signed by its duly authorized officers, to the foregoing effect.

Representations, Performance. The representations and warranties of Transferor Purchaser contained in this Agreements and the Agreement or in the Collateral Agreements Other Sellers Documents (i) shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof, and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made on at and as of the Closing Datesuch date. Transferor shall have Purchaser has duly performed and complied in all material respects with all agreements and conditions required by this Agreement and each of the Collateral Agreements Other Sellers Documents to be performed or complied with by it prior to or on the Closing Date. Transferor Purchaser shall have delivered to the Company Sellers a certificate, certificate dated the Closing Date and signed by its duly authorized officersofficer, to the foregoing effect.

Representations, Performance. The representations and warranties of Transferor Purchaser and HCCH contained in this Agreements Agreement and in the Collateral Agreements shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) at and as of the date hereof, hereof and (ii) shall be repeated and shall be true and correct in all respects (in the case of any representation or warranty containing any materiality qualification) or in all material respects (in the case of any representation or warranty without any materiality qualification) on and as of the Closing Date with the same effect as though made on at and as of the Closing Datesuch time. Transferor Purchaser and HCCH shall have duly performed and complied in all material respects with all agreements and conditions required by this Agreement and each of the Collateral Agreements to be performed or complied with by it them prior to or on the Closing Date. Transferor Purchaser shall have delivered to the Company Seller a certificate, dated the Closing Date and signed by its a duly authorized officersofficers of Purchaser and HCCH, to the foregoing effect.