Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 13 contracts
Samples: Convertible Preferred Stock (Media 100 Inc), Common Stock Purchase Agreement (Regen Biologics Inc), Convertible Preferred Stock Purchase Agreement (Regen Biologics Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 3 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date (except that any representation or warranty expressly stated to have been made or given as of a specific date need be true only as of such date).
Appears in 10 contracts
Samples: Subscription Agreement (ProLink Holdings Corp.), Subscription Agreement (U S Wireless Data Inc), Subscription Agreement (Amalgamated Technologies Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Pharmion Corp), Preferred Stock Purchase Agreement (Art Technology Group Inc), Preferred Stock Purchase Agreement (Edison Schools Inc)
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers contained in Section 4 hereof shall be true on and as of the Closing Date with the same effect as though such representations representation and warranties warranty had been made on and as of that date.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Protein Polymer Technologies Inc), Stock Purchase Agreement (Conversion Services International Inc), Stock Purchase Agreement (Conversion Services International Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 shall be true and correct on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 4 contracts
Samples: Subscription, Sale and Purchase Agreement (NxStage Medical, Inc.), Stock Purchase Agreement (Aspect Medical Systems Inc), Stock Purchase Agreement (Aspect Medical Systems Inc)
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers Purchaser contained in Section 4 hereof shall be true on and as of the Closing Date with the same effect as though such representations representation and warranties warranty had been made on and as of that date.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Conversion Services International Inc), Stock Purchase Agreement (Conversion Services International Inc), Private Placement Subscription Agreement (Royaltech Corp.)
Accuracy of Representations and Warranties. The representations ------------------------------------------ and warranties of the Purchasers contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 4 contracts
Samples: Series C Preferred Stock Purchase Agreement (Proton Energy Systems Inc), Common Stock Purchase Agreement (Netrix Corp), Common Stock Purchase Agreement (Netrix Corp)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section part 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that datethe Closing.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Deja Com Inc), Stock Purchase Agreement (Deja Com Inc), Preferred Stock Purchase Agreement (Deja Com Inc)
Accuracy of Representations and Warranties. The representations and warranties of each of the Purchasers contained in Section 4 Article IV shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained made by each Purchaser in Section 4 hereof shall be true and correct in all material respects when made, and shall be true and correct on and as of the Closing Date with the same force and effect as though such representations and warranties if they had been made on and as of that said date.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Internetconnect Inc), Preferred Stock Purchase Agreement (Internetconnect Inc), Preferred Stock Purchase Agreement (Internetconnect Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 shall be true and correct in all material respects on and as of the each Closing Date Date, with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Imcor Pharmaceutical Co), Securities Purchase Agreement (Imcor Pharmaceutical Co)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 3 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct), Series C Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained Purchaser set forth in Section 4 shall be true on and accurate in all material respects as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that dateDate.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Entrust Financial Services Inc), Stock Purchase Agreement (Cross Country Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section made by Purchaser pursuant to section 4 shall be true correct when made and on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that dateDate.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Bionutrics Inc), Stock Purchase Agreement (Ac Humko Corp)
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers Purchaser contained in Section 4 hereof shall be true on and as of the Closing Date in all material respects with the same effect as though such representations representation and warranties warranty had been made on and as of that date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Symbollon Corp), Stock Purchase Agreement (Symbollon Corp)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 5 shall be true on and as of the applicable Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 2 contracts
Samples: Stockholders Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc)
Accuracy of Representations and Warranties. The representations and ------------------------------------------ warranties of the Purchasers contained made by each Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on and as of the Closing Date with the same force and effect as though such representations and warranties if they had been made on and as of that such date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Aastrom Biosciences Inc), Preferred Stock Purchase Agreement (Aastrom Biosciences Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section part 4 shall be true on at and as of the such Closing Date with the same effect as though such representations and warranties had been made on and as of that datethe date of such Closing.
Appears in 2 contracts
Samples: Shareholders Agreement (Monitronics International Inc), Purchase Agreement (Monitronics International Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 shall be true on and as of the such Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 shall be true on and as of the Initial Closing Date or any Subsequent Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Sequoia Software Corp)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 shall be true on and as of the Closing Date (or the Second Closing Date, as the case may be) with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct)
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers contained in Section 4 hereof shall be true and correct when made, and shall be true and correct on and as of the applicable Closing Date Date, with the same effect as though such representations representation and warranties warranty had been made on and as of that such date.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Insweb Corp)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 shall be true and correct in all material respects on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date (except to the extent such representations and warranties are expressly made as of a specific date, in which case such representations and warranties shall be so true and correct as of such specific date only).
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 5 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Enterworks Inc)
Accuracy of Representations and Warranties. The representations ------------------------------------------- and warranties of the Purchasers each Purchaser contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Cmgi Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 shall be true on at and as of the such Closing Date with the same effect as though such representations and warranties had been made on and as of that datethe date of such Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Sinclair Broadcast Group Inc)
Accuracy of Representations and Warranties. The representations ------------------------------------------ and warranties of the Purchasers each Purchaser contained in Section 4 shall be true on and as of the each Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers contained in Section 4 hereof shall be true and correct when made, and shall be true and correct on and as of the Closing Date with the same effect as though such representations representation and warranties warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Insweb Corp)
Accuracy of Representations and Warranties. The representations Each representation ------------------------------------------ and warranties warranty of the Purchasers Purchaser contained in Section 4 hereof shall be true on and as of the Closing Date with the same effect as though such representations representation and warranties warranty had been made on and as of that date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Zhone Technologies Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers such Purchaser contained in Section 4 5 shall be true and correct on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations ------------------------------------------ and warranties of the Purchasers contained in Section 4 shall be true and correct in all material respects on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained made by Purchaser in Section 4 hereof shall be true and correct in all material respects when made, and shall be true and correct on and as of the Closing Date with the same force and effect as though such representations and warranties if they had been made on and as of that said date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Internetconnect Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 shall be true on and as of the Initial Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Microstrategy Inc)
Accuracy of Representations and Warranties. The representations and ------------------------------------------ warranties of the Purchasers Purchaser contained in Section 4 5 hereof shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers each Purchaser contained in Section 4 shall be true on and as of the each Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers Purchaser contained in Section 4 hereof shall be true on and as of the each Closing Date in all material respects with the same effect as though such representations representation and warranties warranty had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and ------------------------------------------ warranties of the Purchasers Purchaser contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 shall be true on and as of the Closing Date Date, with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Photogen Technologies Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 5 hereof shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Registration Rights Agreement (Odyssey Marine Exploration Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 of this Agreement shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Peritus Software Services Inc)
Accuracy of Representations and Warranties. The representations and warranties of each of the Purchasers contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Southeast Interactive Technology Fund I LLC)
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers contained in Section 4 hereof shall be true on and as of the Closing Date Dates in all material respects with the same effect as though such representations representation and warranties warranty had been made on and as of that datethose dates.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained Purchaser set forth in Section 4 shall be true accurate in all material respects as though originally made on the date of this Agreement and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that dateDate.
Appears in 1 contract
Samples: Stock Purchase Agreement (Edgewater Technology Inc/De/)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers Purchaser contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date. The Purchaser shall have delivered to the Company a certificate, executed by the Purchaser’s President (or another senior officer of the Purchaser familiar with the transaction), dated the Closing Date, certifying to the fulfillment of the conditions specified in Section 6 of this Agreement.
Appears in 1 contract
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers such Purchaser contained in Section 4 shall be true on and as of the Closing Date with the same effect as though through such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Williams Communications Group Inc)
Accuracy of Representations and Warranties. The representations and warranties of the Purchasers contained in Section 4 shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of that date (except that any representation or warranty expressly stated to have been made or given as of a specific date need be true only as of such date).
Appears in 1 contract
Accuracy of Representations and Warranties. The representations ------------------------------------------ and warranties of the Purchasers contained in Section 4 5 shall be true on and as of the First Closing Date with the same effect as though such representations and warranties had been made on and as of that date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Astropower Inc)
Accuracy of Representations and Warranties. The representations Each representation and warranties warranty of the Purchasers contained in Section 4 hereof shall be true on and as of the each Closing Date in all material respects with the same effect as though such representations representation and warranties warranty had been made on and as of that date.
Appears in 1 contract
