( i ) representations and warranties. the representations and warranties of the investor contained in this agreement ( x ) that are not qualified by “ materiality ” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the closing date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and ( y ) that are qualified by “ materiality ” shall have been true and correct when made and shall be true and correct as of the closing date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date. ( ii ) registration rights agreement. the investor shall have duly executed and delivered the registration rights agreement to the company. ( iii ) no injunction. no statute, regulation, order, decree, writ, ruling or injunction shall have been enacted, entered, promulgated, threatened or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of or which would materially modify or delay any of the transactions contemplated by the transaction documents. ( i ) representations and warranties. the representations and warranties of the company contained in this agreement ( x ) that are not qualified by “ materiality ” or “ material adverse effect ” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the closing date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and ( y ) that are qualified by “ materiality ” or “ material adverse effect ” shall have been true and correct when made and shall be true and correct as of the closing date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date. ( ii ) performance of the company. the company shall have performed, satisfied and complied