Common use of Affirmation of Representations and Warranties Clause in Contracts

Affirmation of Representations and Warranties. That each acceptance by the Company of an offer to purchase the Shares hereunder shall be deemed to be an affirmation to Wedbush that the representations and warranties of the Company contained in or made pursuant to this Agreement are true and correct as of the date of such acceptance as though made at and as of such date, and an undertaking that such representations and warranties will be true and correct as of the Settlement Date for the Shares relating to such acceptance as though made at and as of such date (except that such representations and warranties shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented relating to such Shares).

Appears in 3 contracts

Samples: Equity Distribution Agreement (Anacor Pharmaceuticals Inc), Equity Distribution Agreement (ARCA Biopharma, Inc.), Equity Distribution Agreement (Dynavax Technologies Corp)

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Affirmation of Representations and Warranties. That each acceptance by the Company of an offer to purchase the Shares hereunder shall be deemed to be an affirmation to Wedbush that the representations and warranties of the Company contained in or made pursuant to this Agreement are true and correct in all material respects as of the date of such acceptance as though made at and as of such date, and an undertaking that such representations and warranties will be true and correct in all material respects as of the Settlement Date for the Shares relating to such acceptance as though made at and as of such date (except that such representations and warranties shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented relating to such Shares).

Appears in 3 contracts

Samples: Equity Distribution Agreement (Zalicus Inc.), Equity Distribution Agreement (Zalicus Inc.), Equity Distribution Agreement (Zalicus Inc.)

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