Factual Statements Clause Samples
Factual Statements. The undersigned is a Purchaser under the Fifth Amended and Restated Note and Warrant Purchase Agreement (as modified December 15, 2008, January 28, 2009, June 10, 2009, June 23, 2009, September 16, 2009, April 19, 2009, and June 18, 2010), dated effective as of the date of execution by such Purchaser, for the purchase of the Notes and Warrants of the Company (the “Purchase Agreement”).
Factual Statements. The factual statements contained in the opinions provided by ▇▇▇▇▇▇ ▇▇▇▇▇▇ and RLF that are described in Section 4.4 are true and correct as stated therein.
Factual Statements. The undersigned is a party to the Current Agreement as modified November 10, 2006, August 13, 2007, October 10, 2007, and January18, 2008 (said January 18th modification only increased the limit of authorized notes outstanding from the October 10th modification of $3.5 Million to $3.7 million) dated effective as of the date of execution by such Purchasers, for the purchase of the Notes and Warrants of the Company.
Factual Statements. The undersigned is a Purchaser, the Company, or the Agent under the Fourth Amended Note and Warrant Purchase Agreement (“Purchase Agreement”), dated effective as of the date of execution by such Purchaser, for the purchase of the Notes and Warrants of the Company.
Factual Statements. 1.1 All statements of fact in this Agreement are correct.
Factual Statements. Certain of the factual statements made in this Memorandum are based upon information from various sources believed by the Manager to be reliable. The Manager and the Fund have not independently verified any of the information and will have no liability for any inaccuracy or inadequacy of the information. In particular, neither legal counsel nor any other party has been engaged to verify any statements relating to the experience, track record, skills, contacts or other attributes of the Manager or to the anticipated future performance of the Fund. While all the information in this Memorandum is presented by the Manager in good faith, there can be no assurance that explicit or implicit valuations of any securities reflect true fair market value. Similar considerations apply to securities that are otherwise marketable, but held in such large amounts that they could not be sold without overwhelming market demand or otherwise influencing market prices. During the Term of the Fund, the Manager will provide to the Partners reports and other information regarding the condition and prospects of the Fund. The Manager’s duties, obligations and liability to the Partners with respect to the content, completeness and accuracy of the information will be determined solely under the Operating Agreement.