Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 10 contracts
Samples: Series D Preferred Stock Purchase Agreement (Macrovision Corp), Preferred Stock Purchase Agreement (Macrovision Corp), Voting Agreement (Adesso Healthcare Technology Services Inc)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the each Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Bolder Technologies Corp), Common Stock Purchase Agreement (Bolder Technologies Corp), Common Stock Purchase Agreement (Bolder Technologies Corp)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 5 contracts
Samples: Debt Conversion Agreement (Broadvision Inc), Common Stock Purchase Agreement (Omnisky Corp), Restricted Stock Purchase Agreement (Jato Communications Corp)
Representations and Warranties True. The representations and warranties in Section 5 made by Purchasers in Section 4 hereof Purchaser shall be true and correct in all material respects at the date of the ClosingClosing (or any subsequent closing as the case may be), with the same force and effect as if they had been made on and as of said date.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Women Com Networks Inc), Stock Purchase Agreement (Hearst Communications Inc), Stock Purchase Agreement (Women Com Networks Inc)
Representations and Warranties True. The representations and warranties made by Purchasers each Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said datethe Closing.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Amdl Inc), Stock Purchase Agreement (Usa Telcom Internationale), Stock Purchase Agreement (Simpson Robert Craig)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchasers shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 4 contracts
Samples: Purchase Agreement (Bioject Medical Technologies Inc), Purchase Agreement (Bioject Medical Technologies Inc), Convertible Preferred Stock Purchase Agreement (Bioject Medical Technologies Inc)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 5 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 4 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Halpern Denny Iii Lp), Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc), Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 4 contracts
Samples: Investor Rights Agreement (Mp3 Com Inc), Investor Rights Agreement (Mp3 Com Inc), Investor Rights Agreement (Mp3 Com Inc)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said datethe date hereof.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Hollis Eden Pharmaceuticals Inc /De/), Stock Purchase Agreement (Inhale Therapeutic Systems Inc), Series E Preferred Stock (General Magic Inc)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Jato Communications Corp), Series D Preferred Stock Purchase Agreement (Jato Communications Corp), Preferred Stock Purchase Agreement (Jato Communications Corp)
Representations and Warranties True. The representations and warranties in Section 4 made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Asia Online LTD), Preferred Stock Purchase Agreement (Asia Online LTD), Preferred Stock Purchase Agreement (Asia Online LTD)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said dateClosing Date.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (Neon Communications Inc), Convertible Note Purchase Agreement (Neon Communications Inc), Convertible Note Purchase Agreement (Neon Communications Inc)
Representations and Warranties True. The representations and warranties made by Purchasers Buyer in Section Article 4 hereof shall be true and correct in all material respects at on the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Procter & Gamble Co), Securities Purchase Agreement (Regeneron Pharmaceuticals Inc), Securities Purchase Agreement (Procter & Gamble Co)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 5 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Greenlight Capital LLC), Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc), Preferred Stock and Warrant Purchase Agreement (Halpern Denny Iii Lp)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section Article 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Williams Communications Group Inc), Preferred Stock Purchase Agreement (Williams Communications Group Inc), Preferred Stock Purchase Agreement (Williams Communications Group Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by each Participating Purchaser shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Inphonic Inc), Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Preferred Stock Purchase Agreement (Inphonic Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date as of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (MMEX Resources Corp), Stock Purchase Agreement (Management Energy, Inc.), Stock Purchase Agreement (MMEX Resources Corp)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said datesuch Closing Date.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Softbank Holdings Inc Et Al), Preferred Stock Purchase Agreement (Optimark Holdings Inc), Series E Preferred Stock Purchase Agreement (Optimark Holdings Inc)
Representations and Warranties True. The representations and warranties made by such Purchasers in Section 4 hereof shall be true and correct in all material respects at the date on and as of the such Closing, with the same force and effect as if they had been made on and as of said datesuch Closing Date.
Appears in 3 contracts
Samples: Master Collaboration Agreement (Ironwood Pharmaceuticals Inc), Master Collaboration Agreement (Ironwood Pharmaceuticals Inc), Master Collaboration Agreement (Forest Laboratories Inc)
Representations and Warranties True. The representations and warranties made by those Purchasers acquiring Securities in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (E Digital Corp), Stock and Warrant Purchase Agreement (American Technology Corp /De/), Note and Warrant Purchase Agreement (E Digital Corp)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by Purchaser shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Membership Unit Purchase Agreement (Auriga Laboratories, Inc.), Stock Purchase Agreement (Auriga Laboratories, Inc.), Preferred Stock Purchase Agreement (Gene Logic Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof shall be made by the Purchaser being true and correct in all material respects at on the date of the ClosingApplicable Closing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Share Subscription Agreement (California Capital Equity, LLC), Share Subscription Agreement (Benitec Biopharma LTD/ADR), Share Subscription Agreement (Benitec Biopharma LTD/ADR)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date as of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Genomica Corp /De/), Preferred Stock Purchase Agreement (Genomica Corp /De/), Preferred Stock Purchase Agreement (Genomica Corp /De/)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 5 hereof shall be true and correct in all material respects at the date of the such Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Halpern Denny Iii Lp), Preferred Stock Purchase Agreement (New World Coffee Manhattan Bagel Inc)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Jato Communications Corp), Preferred Stock Purchase Agreement (Jato Communications Corp)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by each Purchaser shall be true and correct in all material respects at the date of the Closingapplicable Closing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Purchase Common Stock (Nimblegen Systems Inc), Purchase Common Stock (Nimblegen Systems Inc)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Utek Corp), Preferred Stock Purchase Agreement (Usa Net Inc)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section Article 4 hereof shall be true and correct in all material respects at the date as of the Closing, Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (GolfSuites 1, Inc.), Membership Interest Purchase Agreement (GolfSuites 1, Inc.)
Representations and Warranties True. The representations and warranties made by of the Purchasers contained in Section 4 hereof shall be true and correct in all material respects at on and as of the date hereof, and on and as of the date of the Closing, Closing with the same force and effect as if they though such representations and warranties had been made on and as of said datethe Closing.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Avistar Communications Corp), Common Stock Purchase Agreement (Avistar Communications Corp)
Representations and Warranties True. The representations and warranties made in Section 5 hereof by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Netlibrary Inc), Stock Purchase Agreement (Netlibrary Inc)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing, with the same force and effect as if they had been made on and as of said dateClosing Date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Peoplepc Inc), Preferred Stock Purchase Agreement (Softbank Corp)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 2 contracts
Samples: Note Purchase Agreement (Ampersand Medical Corp), Note Purchase Agreement (Bell National Corp)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, First Closing with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Genelabs Technologies Inc /Ca), Common Stock Purchase Agreement (Veron International LTD)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the such Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Investment Agreement (Tivo Inc), Investment Agreement (America Online Inc)
Representations and Warranties True. The representations and warranties made by Purchasers of the Purchaser contained in Section 4 hereof shall be true and correct in all material respects at on and as of the date hereof, and on and as of the date of the Closing, Closing with the same force and effect as if they though such representations and warranties had been made on and as of said datethe Closing.
Appears in 2 contracts
Samples: Security Agreement (Aehr Test Systems), Convertible Note Purchase Agreement (Avistar Communications Corp)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 5 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Registration Rights Agreement (Axys Pharmecueticals Inc), Registration Rights Agreement (Axys Pharmecueticals Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date as of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Rellance Security Group PLC), Stock Purchase Agreement (Sands Steven B)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Entrade Inc), Note and Warrant Purchase Agreement (Sunrise Technologies International Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Shareholders Agreement (Array Biopharma Inc), Preferred Stock Purchase Agreement (Array Biopharma Inc)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Qualmark Corp), Series C Preferred Stock Purchase Agreement (Qualmark Corp)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date as of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dendreon Corp), Stock Purchase Agreement (Dendreon Corp)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 made by Purchaser hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Unit Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with and the same force Purchaser shall have performed all obligations and effect as if they had been made conditions herein required to be performed or observed by it on and as of said dateor prior to the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Perceptronics Inc), Securities Purchase Agreement (Alpha Virtual Inc/Ca/)
Representations and Warranties True. The representations and warranties made by Purchasers each Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Sento Corp), Shares and Warrant Purchase Agreement (Opentv Corp)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing Date with the same force and effect as if they had been made on and as of said datethe date of the Closing Date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Sugen Inc), Common Stock Purchase Agreement (Sugen Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by Purchaser shall be true and correct in all material respects at on the date of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Definitive Stock Purchase Agreement (Children's Internet Holding Company, LLC), Definitive Stock Purchase Agreement (Childrens Internet Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by Purchaser shall be true and correct in all material respects at the date of the ClosingClosing (or any subsequent closing as the case may be), with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Women Com Networks Inc), Stock Purchase Agreement (Women Com Networks Inc)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said datethe Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Global Telecommunication Solutions Inc), Common Stock Purchase Agreement (Billserv Com Inc)
Representations and Warranties True. The representations and warranties made by Purchasers of the Purchaser contained in Section 4 shall be true and correct on and as of the date hereof and shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said datethe Closing Date with the same effect as though such representations and warranties had been made as of the Closing.
Appears in 2 contracts
Samples: Corporation Stock Purchase Agreement (Nve Corp /New/), Nve Corporation Stock Purchase Agreement (Cypress Semiconductor Corp /De/)
Representations and Warranties True. The representations and warranties made by Purchasers each Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Amdl Inc), Note and Warrant Purchase Agreement (Sunrise Technologies International Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by Purchaser shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Branded Media CORP), Series a Preferred Stock Purchase Agreement (Branded Media CORP)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Corvas International Inc), Common Stock Purchase Agreement (Corvas International Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by Purchaser shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Tag It Pacific Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 5 hereof shall be true and correct in all material respects at the date of the First Closing and the Second Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Second Closing Date with the same force and effect as if they had been made on and as of said datethe date of the Second Closing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the First Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Cocensys Inc)
Representations and Warranties True. The representations and ----------------------------------- warranties made by Purchasers the Purchaser in Section 4 5 hereof shall be true and correct in all material respects at the date as of the Closing, Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material 11. respects at the date as of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Genomica Corp /De/)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the each Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Jato Communications Corp)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date of the Closing, such Closing Date with the same force and effect as if they had been made on and as of said datesuch Closing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers each Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closingapplicable Closing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Second Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Cocensys Inc)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closingeach Closing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Purchase Agreement (Financial Commerce Network Inc)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the such Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date as of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Genomica Corp /De/)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 2.4 hereof shall be true and correct in all material respects at the date of the Second Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the ClosingClosing Date, with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties in Section 4 made by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing, with the same force and effect as if they had been made on and as of said dateClosing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Nocopi Technologies Inc/Md/)
Representations and Warranties True. The representations and warranties made by Purchasers of the Purchaser contained in Section 4 hereof shall be true and correct in all material respects at on and as of the date hereof and on and as of the date of the Closing, Closing with the same force and effect as if they though such representations and warranties had been made on and as of said datethe Closing.
Appears in 1 contract
Samples: Purchase Agreement (Liveworld Inc)
Representations and Warranties True. The representations and ----------------------------------- warranties made by of the Purchasers contained in Section 4 hereof shall will be true and correct in all material respects at on and as of the date hereof and on and as of the date of the Closing, Closing with the same force and effect as if they though such representations and warranties had been made on and as of said datethe Closing.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Engage Technologies Inc)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing, Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Stock Purchase and Redemption Agreement (Nextel Partners Inc)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing, with the same force and effect as if they had been made on and as of said dateClosing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and ----------------------------------- warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at on the date of the Closing, Closing Date with the same force and effect as if they had been made on and as of said that date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Unifi Communications Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 and by Founders in Section 5 hereof shall be true and correct in all material respects at the date of the ClosingFirst Closing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Preferred and Common Stock Purchase Agreement (Array Biopharma Inc)
Representations and Warranties True. The representations and warranties made by Purchasers Buyer in Section 4 hereof shall be true and correct in all material respects at on the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Regeneron Pharmaceuticals Inc)
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 5 hereof shall be true and correct in all material respects at the date of the Initial Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Axys Pharmecueticals Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the each Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, First Closing Date with the same force and effect as if they had been made on and as of said datethe date of the First Closing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date of the such Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Anthera Pharmaceuticals Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof shall made by Purchaser will be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Omni Bio Pharmaceutical, Inc.)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Collaborative Research and License Agreement (Axys Pharmecueticals Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date of each of the ClosingClosings, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cambridge Holdings LTD)
Representations and Warranties True. The representations and warranties made by Purchasers and Additional Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the ClosingFinal Closing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Preferred and Common Stock Purchase Agreement (Array Biopharma Inc)
Representations and Warranties True. The representations and warranties made by those Purchasers acquiring Securities in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, such Closing Date with the same force and effect as if they had been made on and as of said datesuch Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Birch Telecom Inc /Mo)
Representations and Warranties True. The representations and warranties made by Purchasers participating in the applicable Closing in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing, applicable Closing Date with the same force and effect as if they had been made on and as of said datethe applicable Closing Date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Aclarion, Inc.)
Representations and Warranties True. The representations and warranties made by Purchasers of the Purchaser contained in Section 4 hereof shall will be true and correct in all material respects at on and as of the date hereof and on and as of the date of the Closing, Closing with the same force and effect as if they though such representations and warranties had been made on and as of said datethe Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (CMG Information Services Inc)
Representations and Warranties True. The representations and warranties made by Purchasers the Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the each Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers each Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the ClosingInitial Closing Date, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (U.S. Auto Parts Network, Inc.)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by the Purchaser shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: . Stock Purchase Agreement (Tunex International Inc /Ut/)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Women Com Networks Inc)
Representations and Warranties True. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing, with the same force and effect as if they had been made on and as of said dateClosing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties in Article 4 above made by Purchasers in Section 4 hereof the Buyer at such Closing shall be true and correct in all material respects at the date of the Closing, Closing with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers in Section Sections 4 and 6.13 hereof shall be true and correct in all material respects at the date of the each Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties in Section 4 made by Purchasers in Section 4 hereof shall be true and correct in all material respects at the date as of the Closing, with the same force and effect as if they had been made on and as of said dateInitial Closing Date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers Purchaser in Section 4 hereof shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Invision Technologies Inc)
Representations and Warranties True. The representations and warranties made by Purchasers in Section 4 hereof made by each Purchaser shall be true and correct in all material respects at the date of the Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties True. The representations and warranties made by Purchasers in Section Sections 4 hereof shall be true and correct in all material respects at the date of the each Closing, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Myogen Inc)
