Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, as follows:
Appears in 14 contracts
Samples: Stock Purchase Agreement (Xo Holdings Inc), Exchange Agreement (McLeodusa Inc), Exchange Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp)
Representations and Warranties of the Purchasers. Each Purchaser severally as to itself only, and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 8 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc), Preferred Stock and Warrant Purchase Agreement (Liberty Media Corp /De/), Preferred Stock and Warrant Purchase Agreement (Hicks Thomas O)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers represents and warrants to the CompanySeller, severally and but not jointly, as of the date hereof and follows as of the Closing, as followsClosing Date:
Appears in 8 contracts
Samples: Purchase and Sale Agreement (Orogen Energy, Inc.), Purchase and Sale Agreement (Orogen Energy, Inc.), Purchase and Sale Agreement (Orogen Energy, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as follows:
Appears in 8 contracts
Samples: Joinder Agreement (Usinternetworking Inc), Stock Purchase Agreement (P F Changs China Bistro Inc), Stock Purchase Agreement (P F Changs China Bistro Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 6 contracts
Samples: Purchase Agreement (Ekso Bionics Holdings, Inc.), Purchase Agreement (Star Bulk Carriers Corp.), Share Purchase Agreement (Ekso Bionics Holdings, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company that as of the date hereof and as of the Closing, as follows:
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (New Athletics, Inc.), Preferred Stock Purchase Agreement (Glaxosmithkline PLC), Preferred Stock Purchase Agreement (New Athletics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Companywarrants, severally and not jointly, to the Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Evergreen Solar Inc), Stock and Warrant Purchase Agreement (Chleboski Richard G), Stock and Warrant Purchase Agreement (Shaw Robert W Jr)
Representations and Warranties of the Purchasers. Each Purchaser severally and not jointly hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closinghereof, as follows:
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Velocom Inc), Preferred Stock Purchase Agreement (Velocom Inc), Preferred Stock Purchase Agreement (Velocom Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof of this Agreement and as of the Closing, Closing Date as follows:
Appears in 4 contracts
Samples: Share Purchase Agreement (Biolife Solutions Inc), Share Purchase Agreement (Cellular Biomedicine Group, Inc.), Share Purchase Agreement (Cellular Biomedicine Group, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchaser, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 4 contracts
Samples: Share and Warrant Purchase Agreement (Radcom LTD), Share and Warrant Purchase Agreement (Radcom LTD), Share and Warrant Purchase Agreement (Radcom LTD)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as followsEffective Date:
Appears in 4 contracts
Samples: Shares Purchase Agreement (Insignia Solutions PLC), Shares Purchase Agreement (Insignia Solutions PLC), Common Stock Purchase Agreement (Persistence Software Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as follows:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Park N View Inc), Stock Purchase Agreement (PNV Net Inc), Warrant Purchase Agreement (Creditrust Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, severally and not jointly, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closinghereof, as follows:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Deltagen Inc), Stock Purchase Agreement (Deltagen Inc), Stock Purchase Agreement (Alta Partners)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, solely with respect to it, hereby represents makes the following representations and warrants warranties to the Company, severally Company and not jointlyagrees with the Company that, as of the date hereof of this Agreement and as of the Closing, as followsClosing Date:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Wavephore Inc), Securities Purchase Agreement (Informix Corp), Securities Purchase Agreement (Queen Sand Resources Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally and not jointly, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Chicago Pacific Founders UGP, LLC), Securities Purchase Agreement (P3 Health Partners Inc.), Common Stock Purchase Agreement (Amtrust Financial Services, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof of the Agreement and as of the Closing, but only with respect to such Purchaser, as follows:
Appears in 3 contracts
Samples: Purchase Agreement (24/7 Real Media Inc), Purchase Agreement (24/7 Media Inc), Purchase Agreement (Elbit LTD)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, individually and not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closingeach Closing Date, as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (World Waste Technologies Inc), Securities Purchase Agreement (World Waste Technologies Inc), Securities Purchase Agreement (World Waste Technologies Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally as to itself and not jointly, as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 3 contracts
Samples: Investment Agreement (Wc Capital LLC), Investment Agreement (Datawatch Corp), Investment Agreement (Osborne Richard De J)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointlyas to itself, as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (American Shared Hospital Services), Securities Purchase Agreement (Alliance Imaging Inc /De/), Alliance Imaging Inc /De/
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, represents and warrants to the Company as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (58.com Inc.), Convertible Note Purchase Agreement (Warburg Pincus & Co.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally, and not jointly and severally, represents and warrants with respect only to itself, to the CompanySellers that as of the date of this Agreement and, severally and not jointlyexcept as otherwise expressly provided, as of the date hereof and as of the Closing, as followsClosing Date:
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Ormat Funding Corp.), Brady Unit (Ormat Funding Corp.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally (as to itself) and not jointly hereby represents makes the following representations and warrants warranties to the Company, severally and not jointly, Company as of the date hereof and as of on the Closing, as followsClosing Date:
Appears in 2 contracts
Samples: Purchase Agreement (Visual Data Corp), Purchase Agreement (Open Market Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as As of the date hereof and as of the ClosingClosing Date, each Purchaser severally (but not jointly) represents and warrants to the Company as follows:
Appears in 2 contracts
Samples: Note Purchase Agreement (BCC Acquisition Ii LLC), Warrant Registration Rights Agreement (Diametrics Medical Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:set forth below.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Global Eagle Entertainment Inc.), Securities Purchase Agreement (Global Eagle Entertainment Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 2 contracts
Samples: Investment Agreement (Friedman Billings Ramsey Group Inc), Investment Agreement (FBR Capital Markets Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, as of represents and warrants to the Company on the date hereof and as of on the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally (and not jointly) represents and warrants to the Company, severally and not jointly, as of the date hereof at and as of the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Kings Road Entertainment Inc), Stock Purchase Agreement (Kings Road Entertainment Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of Corporation on the date hereof and as of the Closing, date of the Closing as follows:
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Platinum Entertainment Inc), Stock and Warrant Purchase Agreement (Platinum Venture Partners Ii L P)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Intracel Corp), Note and Warrant Purchase Agreement (Intracel Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally, but not jointly, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, on which such Purchaser acquires Notes as follows:
Appears in 2 contracts
Samples: Note Purchase Agreement (Aegerion Pharmaceuticals, Inc.), Note Purchase Agreement (Aegerion Pharmaceuticals, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly, represents and warrants to to, and agrees with, the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Exchange Agreement (Protalix BioTherapeutics, Inc.), Exchange Agreement (Protalix BioTherapeutics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof of the Agreement and as of the Closing and the Additional Closing, but only with respect to such Purchaser, as follows:
Appears in 2 contracts
Samples: Preferred Stock and Common Stock Warrant Purchase Agreement (24/7 Media Inc), Preferred Stock and Common Stock Warrant Purchase Agreement (24/7 Media Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants warrants, with respect to itself, to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 2 contracts
Samples: Subscription Agreement (Kong Jianping), Subscription Agreement (Sun Qifeng)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly represents and warrants to the Company, severally and not jointly, Company with respect to the Securities it is acquiring hereunder as of the date hereof and as of the ClosingEffective Date, as follows:set forth in this Article III.
Appears in 2 contracts
Samples: Purchase Agreement (Itc Deltacom Inc), Purchase Agreement (Itc Deltacom Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, this Agreement as follows:
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Dominion Homes Inc), Securities Purchase and Exchange Agreement (Medical Solutions Management Inc.)
Representations and Warranties of the Purchasers. Each Purchaser severally as to itself only, and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of Company on the date hereof and as of the Closing, as followsthat:
Appears in 2 contracts
Samples: Investment and Note Purchase Agreement (Morgan Stanley), Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointlyas to itself, as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 2 contracts
Samples: Purchase Agreement (Intracel Corp), Agreement and the Ancillary Agreements Represent the Final Agreement (Intracel Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers, severally but not jointly, represents and warrants and covenants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nn Inc), Securities Purchase Agreement
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly with other Purchasers, hereby represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as followsEffective Date:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Bay City Capital Management LLC), Common Stock Purchase Agreement (LJL Biosystems Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyThe Purchasers, severally and not jointly, hereby represent and warrant to the Company, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Optika Inc), Securities Purchase Agreement (Weisel Thomas Partners Group LLC/Ca)
Representations and Warranties of the Purchasers. Each In connection with the transactions provided for herein, each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closingeach Closing in which such Purchaser is participating, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyCompany and, severally and not jointlyby acceptance of the Shares, reconfirms as of the date hereof and as of the ClosingClosing Date, as followsthat:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers severally but not jointly hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:: 3.01.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Paula Financial)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, date of the closing of its respective purchase of Notes as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby severally (but not jointly) represents and warrants to the Company, severally and not jointly, as of the date hereof at and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (DDL Electronics Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally on and not jointly, as of the date hereof of this Agreement and on and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Petrosearch Energy Corp)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof of this Agreement and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Stock Subscription Agreement (Advanced Technology Industries Inc)
Representations and Warranties of the Purchasers. Each The Purchaser hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsdate of the Closing that:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchaser, represents and warrants to the Company, severally and not jointly, as of Company on the date hereof and as of the Closing, Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointlyCompany that, as of the date hereof and as of the applicable Closing, as follows:
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Winc, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally, but not jointly, hereby represents and warrants to the Company, severally and not jointlyShareholder, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Companywarrants, severally and not jointly, to the Company as of the date hereof and as of the Closing, applicable Closing Date as follows:
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Satcon Technology Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company with respect to the purchase of the Shares as of the date hereof and again as of the Closing, as to himself only, as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Tricord Systems Inc /De/)
Representations and Warranties of the Purchasers. 5.1 Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, represents and warrants, as of the date hereof and as of the ClosingClosing Date, as followsto the Company that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Lifecore Biomedical, Inc. \De\)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchasers, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, Closing Date to the Company as follows:
Appears in 1 contract
Samples: Convertible Debentures and Warrants Agreement (Us Dataworks Inc)
Representations and Warranties of the Purchasers. Each The Purchaser hereby represents and warrants to the Company, severally Company and not jointly, the Guarantors as of the date hereof Closing Date and as of the Closing, each Issue Date as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyCompany as to itself severally, severally and not jointlyjointly as to any other Purchaser, as of the date hereof and as of the ClosingClosing with respect to such Purchaser, as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Midas Medici Group Holdings, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents of the Purchasers severally, not jointly, represent and warrants warrant to the Company, severally and not jointly, as of the date hereof at and as of the Closing, as followsClosing Date that:
Appears in 1 contract
Samples: Amended And (Ladish Co Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly and severally, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 1 contract
Samples: Convertible Preferred Share Purchase Agreement (Airmedia Group Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents The Purchasers hereby, jointly and warrants severally, represent and warrant to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as followsthat:
Appears in 1 contract
Samples: Investment Agreement (Republic Airways Holdings Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, severally and not jointly, represents and warrants to the Company, severally and not jointlywith respect to the transactions contemplated hereby, that as of the date hereof and as of the respective Closing, as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (KBS International Holdings Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company with respect to the purchase of the Shares as of the date hereof and again as of the Closing, as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Tricord Systems Inc /De/)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby severally, and not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the ClosingClosing Date, as followsthat:
Appears in 1 contract
Samples: Unit Purchase Agreement (Marathon Patent Group, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company that as of the date hereof and as of the each Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as followsClosing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as As of the date hereof and as of the applicable Closing, each of the Purchasers, severally but not jointly, represents and warrants to the Company as follows:
Appears in 1 contract
Samples: Redeemable Preferred Stock Purchase Agreement (Rosehill Resources Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally and not jointly, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closinghereof, as followsthat:
Appears in 1 contract
Samples: Securities Purchase Agreement (Senesco Technologies Inc)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants warrants, for itself only and not jointly or severally with any other Purchaser, to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company both as of the date hereof and again as of the Closing, as to such Purchaser only, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. SECTION 3.01. Each Purchaser hereby severally, but not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsClosing that:
Appears in 1 contract
Samples: Subordinated Promissory Note Purchase Agreement (U S Vision Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanySelling Shareholders, severally and not jointly, as of the date hereof and as of the Closing, as follows:
Appears in 1 contract
Samples: Share Purchase Agreement (Bertelsmann SE & Co. KGaA)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally severally, individually and not jointly, as follows, as of the date hereof and as of the Closing, as followshereof:
Appears in 1 contract
Samples: Purchase Agreement (Nupathe Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof Closing Date and as of on the ClosingSecond Purchaser Payment Date, as followsthe following:
Appears in 1 contract
Samples: Revenue Interest Purchase Agreement (ImmunityBio, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally but not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as follows:
Appears in 1 contract
Samples: Series D Stock Purchase Agreement (Build a Bear Workshop Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as followsClosing Date:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, solely with respect to it, hereby represents makes the following representations and warrants warranties to the Company, severally and not jointly, Company (which shall be true as of the date hereof and as of the Closing, as followsClosing Date) and agrees with the Company that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Metal Management Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally but not jointly, hereby represents and warrants to the Company, severally and not jointlySellers, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Kanir Investments Ltd.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, as followsthat:
Appears in 1 contract
Samples: Securities Purchase Agreement (Morgan Group Holding Co)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally, and not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing as follows:
Appears in 1 contract
Samples: Exchange Agreement (Xata Corp /Mn/)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (Redenvelope Inc)
Representations and Warranties of the Purchasers. Each The Purchaser hereby represents and warrants to the Company, severally and not jointly, as of Company on the date hereof and as of on the ClosingClosing Date, as followsthat:
Appears in 1 contract
Samples: Agreement (Streamline Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly with the other Purchasers, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closinghereof, as followsthat:
Appears in 1 contract
Samples: Securities Purchase Agreement (DigitalPost Interactive, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closinghereof, as followsto itself only:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, hereby represents and warrants, as to itself, to the Company as of the date hereof and as of the Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally Company as to itself and not jointlyas to any other Purchaser, as of the date hereof and as of the Closinghereof, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally, not jointly, represents and warrants to the Company, severally and not jointly, as of the date hereof at and as of the Closing, as followsClosing Date that:
Appears in 1 contract
Samples: Note Purchase Agreement (Matthews Studio Equipment Group)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof of this Agreement and as of the Closing, Closing Date as follows:
Appears in 1 contract
Samples: Common Stock Subscription Agreement (Cga Group LTD)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally, but not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointlyagrees with the Company, that as of the date hereof and as of the Closing, as followshereof:
Appears in 1 contract
Samples: Emcore Corporation Purchase Agreement (Emcore Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, as of hereby represents and warrants, on the date hereof and as of the Closingclosing date applicable to such Purchaser, to the Company with respect to the purchase of the Shares and the Warrants as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each As of the date hereof, each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closingto itself, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly, represents and warrants to to, and agrees with, the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Form of Exchange Agreement (Protalix BioTherapeutics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, represents and warrants to the Company on and as of the date hereof of this Agreement and on and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchaser, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, Closing Date to the Company as follows:: 14
Appears in 1 contract
Samples: Securities Purchase Agreement (Arena Resources Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and no other Purchaser, represents and warrants to the Company, severally and not jointly, effective as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Ranger Energy Services, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally, and not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsIssue Date that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Evolent Health, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, as to itself only, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, for itself and for no other Purchaser, hereby represents and warrants to the Company, severally and not jointly, Company as follows (unless as of a specific date therein) as of the date hereof and as of the Closing, as followsdate of the Closing in which such Purchaser purchases the Securities from the Company:
Appears in 1 contract
Samples: Form of Securities Purchase Agreement (Helius Medical Technologies, Inc.)
