Covenants, Representations and Warranties of the Holders. The Holder hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 6 contracts
Samples: Settlement and Exchange Agreement (NightFood Holdings, Inc.), Settlement and Exchange Agreement (Mitesco, Inc.), Settlement and Exchange Agreement (Mitesco, Inc.)
Covenants, Representations and Warranties of the Holders. The Holder Undersigned hereby covenants as follows, and makes the following representations and warrantieswarranties on its own behalf and where specified below, on behalf of each Holder, each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the CompanyCompany and OpCo, and all such covenants, representations and warranties shall survive the Closing.
Appears in 4 contracts
Samples: Exchange Agreement (Invacare Corp), Exchange Agreement (Veeco Instruments Inc), Exchange Agreement (Invacare Corp)
Covenants, Representations and Warranties of the Holders. The Each Holder (and, where specified below, the Undersigned) hereby covenants as follows, and makes makes, severally and not jointly, the following representations and warranties, each of which is and shall be true and correct on the date hereof, to hereof and at the CompanyClosing, and all such covenants, representations and warranties shall survive the Closing.
Appears in 4 contracts
Samples: Exchange Agreement (Chegg, Inc), Exchange Agreement (Chegg, Inc), Exchange Agreement (Chegg, Inc)
Covenants, Representations and Warranties of the Holders. The Each Holder (and, where specified below, the Undersigned) hereby covenants as follows, follows and makes the following representations and warranties, each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 4 contracts
Samples: Exchange Agreement (Amicus Therapeutics, Inc.), Exchange Agreement (Amicus Therapeutics, Inc.), Exchange Agreement (Amicus Therapeutics, Inc.)
Covenants, Representations and Warranties of the Holders. The Holder Undersigned hereby covenants as follows, and makes the following representations and warrantieswarranties on its own behalf and where specified below, on behalf of each Holder, each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 3 contracts
Samples: Note Purchase Agreement (Veeco Instruments Inc), Purchase Agreement (Forest City Realty Trust, Inc.), Purchase Agreement (Forest City Realty Trust, Inc.)
Covenants, Representations and Warranties of the Holders. The Each Holder (unless limited below to the Lender) hereby covenants (solely as to itself), as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof, warranties (solely as to the Companyitself), and all such covenants, representations and warranties shall survive the Closing.:
Appears in 3 contracts
Samples: Term Loan Framework Agreement (McClatchy Co), Term Loan Framework Agreement (McClatchy Co), Term Loan Framework Agreement (McClatchy Co)
Covenants, Representations and Warranties of the Holders. The Each Holder (and, where specified below, the Undersigned) hereby covenants (solely as to itself), as follows, and makes the following representations and warrantieswarranties (solely as to itself), each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 2 contracts
Samples: Exchange Agreement (Builders FirstSource, Inc.), Exchange Agreement (PDL Biopharma, Inc.)
Covenants, Representations and Warranties of the Holders. The Holder Each Holder, severally and not jointly, hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 2 contracts
Samples: Exchange Agreement (Biora Therapeutics, Inc.), Convertible Notes Exchange Agreement (Biora Therapeutics, Inc.)
Covenants, Representations and Warranties of the Holders. The Each Holder hereby covenants (solely as to itself) as follows, and makes the following representations and warrantieswarranties (solely as to itself), each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 2 contracts
Samples: Registration Rights Agreement (Warren Resources Inc), Exchange Agreement (Warren Resources Inc)
Covenants, Representations and Warranties of the Holders. The Holder Undersigned hereby covenants as follows, and makes the following representations and warrantieswarranties on its own behalf and where specified below, on behalf of each Holder, each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the CompanyCompany and Lazard, and all such covenants, representations and warranties shall survive the Closing.
Appears in 2 contracts
Samples: Exchange Agreement (Forest City Enterprises Inc), Exchange Agreement (Forest City Enterprises Inc)
Covenants, Representations and Warranties of the Holders. The Holder hereby covenants (solely as to itself) as follows, and makes the following representations and warrantieswarranties (solely as to itself), each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 2 contracts
Samples: Share Exchange Agreement (Mindpix Corp), Share Exchange Agreement (Mindpix Corp)
Covenants, Representations and Warranties of the Holders. The Each Holder (and, where specified below, the Undersigned) hereby covenants (solely as to itself) as follows, and makes the following representations and warrantieswarranties (solely as to itself), each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Covenants, Representations and Warranties of the Holders. The Each Holder hereby covenants (solely as follows, to itself) as follows and makes the following representations and warrantieswarranties (solely as to itself), each of which is and shall be true and correct on the date hereofhereof and on the Settlement Date, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Samples: Exchange Agreement (Pernix Therapeutics Holdings, Inc.)
Covenants, Representations and Warranties of the Holders. The Holder (and, where specified below, the Undersigned) hereby covenants (solely as to itself) as follows, and makes the following representations and warrantieswarranties (solely as to itself), each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, Company and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Samples: Exchange Agreement (Mannkind Corp)
Covenants, Representations and Warranties of the Holders. The Holder hereby covenants as follows, follows and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof, warranties to the Company, and all such covenants, representations and warranties shall survive the ClosingClosing until the expiration of the applicable statute of limitations.
Appears in 1 contract
Covenants, Representations and Warranties of the Holders. The Each Holder (and, where specified below, the Undersigned) hereby covenants (solely as to itself), as follows, and makes the following representations and warrantieswarranties (solely as to itself), each of which is and shall be true and correct on the date hereofhereof and at the Closing, to the Company, and [●] (the “Agent”), and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Samples: Form of Exchange Agreement (Xeris Pharmaceuticals Inc)
Covenants, Representations and Warranties of the Holders. The Holder hereby covenants as follows, and makes the following representations and warrantieswarranties for itself, each of which is and shall be true and correct on the date hereofhereof and on the Closing Date, to the Company, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
