Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial Closing.
Appears in 4 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Capnia, Inc.), Convertible Note and Warrant Purchase Agreement (Capnia, Inc.), Convertible Note and Warrant Purchase Agreement (Capnia, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial Closing.
Appears in 4 contracts
Samples: Agreement (Spectrx Inc), Preferred Stock Purchase Agreement (Spectrx Inc), Registration Rights Agreement (Spectrx Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 Article III shall be true and correct in all material respects when made, and shall be true and correct as of the Initial Closing, with the same effect Closing as if made on and as of at the Initial Closing.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Natural Nutrition Group Inc), Stock Purchase Agreement (Natural Nutrition Group Inc), Stock Purchase Agreement (Natural Nutrition Group Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 III hereof shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial Closing.
Appears in 3 contracts
Samples: Warrant Purchase Agreement (Technology Crossover Management Iv LLC), Series D Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC), Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC)
Representations and Warranties Correct. The Company's representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, such Closing with the same effect as if though such representations and warranties had been made on and as of the Initial date of such Closing.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Aerocentury Corp), Series B Preferred Stock Purchase Agreement (Aerocentury Corp), common Stock Purchase Agreement (Aerocentury Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as date of the Initial Closing.
Appears in 2 contracts
Samples: Series E Preferred Stock Purchase Agreement (SuccessFactors, Inc.), Series C Preferred Stock Purchase Agreement (SuccessFactors, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 above shall be true and correct in all material respects as of the Initial Closing and the Subsequent Closing; provided, with the same effect as if made on however, that representations and warranties that speak specifically “as of the Initial Closing” or “as of the Subsequent Closing” shall be true and correct as of the Initial Closing or the Subsequent Closing, as the case may be.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Glu Mobile Inc), Series D Preferred Stock Purchase Agreement (Glu Mobile Inc)
Representations and Warranties Correct. The representations and warranties made by of the Company contained in Section 3 shall be true and correct in all material respects on and as of the Initial Closing, Closing with the same effect as if though such representations and warranties had been made on and as of the Initial date of the Closing.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial such Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Trimark Holdings Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects as of at the Initial Closing, with the same effect Closing as if made on at and as of the Initial Closing and with respect thereto, after giving effect to the sale and issuance of the Shares at the Closing.
Appears in 1 contract
Samples: Stock Purchase Agreement (International Telecommunication Data Systems Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial First Closing.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects as of at the Initial Closing, with the same effect Closing as if made on at and as of the Initial Closing and with respect thereto, after giving effect to the sale and issuance of the Shares and Warrant at the Closing.
Appears in 1 contract
Samples: Purchase Agreement (Genaissance Pharmaceuticals Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial Closing.
Appears in 1 contract
Samples: Series E Preferred Stock Subscription Agreement (ChemoCentryx, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as date of the Initial Closing.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (SuccessFactors, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall have been true and correct when made and shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Intrabiotics Pharmaceuticals Inc /De)
Representations and Warranties Correct. The representations and warranties made in Section 3 hereof by the Company in Section 3 shall be true and correct in all material respects as of the Initial Closing, with the same effect as if made on and as of the Initial Closing.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct when made, and shall be true and correct in all material respects as of the Initial Closing, on Closing with the same force and effect as if they had been made on immediately prior to the Closing and as of the Initial Closingsuch time, except for such changes as contemplated by this Agreement.
Appears in 1 contract
Samples: Agreement (Radvision LTD)
Representations and Warranties Correct. The Company’s representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects as of the Initial Closing, such Closing with the same effect as if though such representations and warranties had been made on and as of the Initial date of such Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Aerocentury Corp)
