Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereof:
Appears in 18 contracts
Samples: Equity Distribution Agreement (Freeseas Inc.), Committed Equity Facility Agreement (Cono Italiano, Inc.), Equity Distribution Agreement (American Power Corp.)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and as of each Advance Purchase Date:
Appears in 3 contracts
Samples: Periodic Equity Investment Agreement (Cereplast Inc), Equity Investment Agreement (Roaming Messenger Inc), Periodic Equity Investment Agreement (Cereplast Inc)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereof:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Independent Film Development CORP), Common Stock Purchase Agreement (Competitive Technologies Inc)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and as of each Advance Request True-Up Date:
Appears in 2 contracts
Samples: Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.), Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofAugust 26, 2005 and as of each Advance Date:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Poseidis Inc), Equity Distribution Agreement (Poseidis Inc)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and will remain true and correct throughout the Commitment Period:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Banctrust Financial Group Inc), Standby Equity Distribution Agreement (RAIT Financial Trust)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and as of each Advance Shares True-Up Date:
Appears in 1 contract
Samples: Drawdown Equity Financing Agreement (StrikeForce Technologies Inc.)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, to the Company that the following are true and correct as of the date hereofhereof and as of the Closing Date, that the following statements are and shall be true and correct:
Appears in 1 contract
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and as of each Advance Closing Date:
Appears in 1 contract
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and will be true and correct as of each Advance Date:
Appears in 1 contract
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and as of each Share Issuance Date:
Appears in 1 contract
Samples: Equity Distribution Agreement (Supertel Hospitality Inc)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereof.hereof and as of each Advance Notice Date and each Advance Date:
Appears in 1 contract
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereof:hereof and as of each Advance Date: Section 3.1.
Appears in 1 contract
Samples: Equity Distribution Agreement (Red Rock Pictures Holdings, Inc)
Representations and Warranties of Investor. Investor hereby represents and warrants to, to the Company and agrees with, with the Company that the following representations and warranties are true and correct as of the date hereofhereof and will be true and correct as of each Draw Down Date:
Appears in 1 contract
Samples: Facility Agreement (WorldSpace, Inc)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofMay 23, 2005 and as of each Advance Date:
Appears in 1 contract
Samples: Equity Distribution Agreement (Healthrenu Medical Inc)
Representations and Warranties of Investor. Investor hereby represents and warrants to, and agrees with, the Company that the following are true and correct as of the date hereofhereof and as of each Advance Closing Date:
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (Orckit Communications LTD)
