Common use of Investor Representations Clause in Contracts

Investor Representations. (i) The Investor hereby represents and warrants to the Company as to the Amended and Restated Primary Notes and Series B Notes, if any, being issued to the Investor hereunder as set forth in Section 2 of the Existing Primary Securities Purchase Agreement (as amended hereby) as if such representations and warranties were made as of the date hereof (except for representations and warranties that speak as of a specific date, which shall remain true and correct as of such specific date) and set forth in their entirety in this Agreement.

Appears in 6 contracts

Samples: Amendment and Exchange Agreement (Earth Biofuels Inc), Amendment and Exchange Agreement (Earth Biofuels Inc), Amendment and Exchange Agreement (PNG Ventures Inc)

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Investor Representations. (i) The Investor hereby represents and warrants to the Company as to the Amended and Restated Primary Exchanged Notes and Series B Notes, if any, being issued to the Investor hereunder Exchanged Conversion Shares as set forth in Section 2 of the Existing Primary Securities Purchase Agreement (as amended hereby) as if such representations and warranties were made as of the date hereof (except for representations and warranties that speak as of a specific date, which shall remain true and correct as of such specific date) and set forth in their entirety in this Agreement.

Appears in 2 contracts

Samples: Amendment and Exchange Agreement (Nanogen Inc), Amendment and Exchange Agreement (Nanogen Inc)

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Investor Representations. (i) The Investor hereby represents and warrants to the Company as to the Amended and Restated Primary December Amendment Notes and Series B Notes, if any, being issued to the Investor hereunder as set forth in Section 2 of the Existing Primary Securities Purchase Agreement (as amended hereby) as if such representations and warranties were made as of the date hereof (except for representations and warranties that speak as of a specific date, which shall remain true and correct as of such specific date) and set forth in their entirety in this Agreement.

Appears in 1 contract

Samples: Amendment and Exchange Agreement (Earth Biofuels Inc)

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