No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directors, have not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and the Warrant which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
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Samples: Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directorsany person representing the Company, have not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock Convertible Debentures and the Warrant Warrants which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
Appears in 2 contracts
Samples: Escrow Agreement (Professional Transportation Group LTD Inc), Debenture and Warrant Purchase Agreement (Imsco Inc /Ma/)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directors, have not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock Convertible Preferred and the Warrant Warrants which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Skylynx Communications Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directorsany person representing the Company, have not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and Shares to the Warrant Investor which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleadingmisleading provided that the Company makes no representation or warranty with respect to Trinity.
Appears in 1 contract
Samples: Securities Purchase Agreement (Brilliant Digital Entertainment Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directors, have has not knowingly made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and the Warrant same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Credit Agreement (Komag Inc /De/)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directors, have has not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and the Warrant Put Shares which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Equity Credit Agreement (Tefron LTD)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directors, any person representing the Company have not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and the Warrant same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: And Warrants Purchase Agreement (Affinity Technology Group Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directorsany person representing the Company, have not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and the Warrant same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Bionutrics Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directors, have has not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and the Warrant securities hereunder which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
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No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, its officers and directors, have has not made, at any time, any oral communication to the Investor in connection with the offer or sale of the Common Stock and Put Shares or the Warrant Blackout Shares, if any, which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.
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