Representations, Warranties and Agreements of the Subscriber. The Subscriber represents and warrants to, and agrees with, the Company the following:
Representations, Warranties and Agreements of the Subscriber. The undersigned represents and warrants to the Company as of the date set forth below:
Representations, Warranties and Agreements of the Subscriber. The Subscriber acknowledge that the offer and sale of the Securities and the Warrant Shares has not been registered under the Securities Act and such Securities and the Warrant Shares are being offered and sold pursuant to an exemption from registration contained in the Securities Act based, in part, upon Subscriber’s representations contained in this Agreement. The Subscriber represents and warrants to, and agrees with, the Company the following:
Representations, Warranties and Agreements of the Subscriber. The undersigned hereby represents and warrants to the Company and agrees as follows:
Representations, Warranties and Agreements of the Subscriber. The undersigned subscriber hereby represents and warrants to the Trust and each other subscriber who acquires any of the Shares as follows, and the undersigned subscriber acknowledges that it has full knowledge that the Trust and each of such other subscribers intends to rely on such representations, warranties and agreements:
Representations, Warranties and Agreements of the Subscriber. (a) The undersigned acknowledges that the undersigned has access to and has reviewed copies of (i) the Company’s filings with the Securities and Exchange Commission (the “SEC”) via XXXXX, including, without limitation, the Company’s Form 10-K for the year ended December 31, 2005 (including all of the exhibits thereto), and the Company’s Form 10-Q for the quarter ended March 31, 2006 (including, in each case, all of the exhibits thereto), the Company’s Current Reports on Form 8-K (including, in each case, as amended, and all of the exhibits thereto) filed since December 31, 2005 and the Company’s definitive proxy statement filed with the SEC on May 22, 2006 (collectively, the “SEC Reports”), and (ii) the draft of the Company’s Form 10-Q for the quarter ended June 30, 2006 which was distributed to the undersigned with this Subscription Agreement on or subsequent to August 4, 2006 (the “Draft Form 10-Q”), and the undersigned has performed its own due diligence in connection with its subscription for the Shares and Warrants and has had a reasonable opportunity to ask questions of and receive answers from qualified representatives of the Company concerning the business and financial condition of the Company, the terms and conditions of this Subscription Agreement, and all of such questions have been answered to the satisfaction of the undersigned.
Representations, Warranties and Agreements of the Subscriber. The Subscriber represents and warrants to, and agrees with, the Company that the statements in this Section 3.2 are true and correct as of the date of this Agreement:
Representations, Warranties and Agreements of the Subscriber. Each Subscriber hereby, for itself and for no other Subscriber, represents and warrants as of the date hereof and as of the Closing Date to the Company as follows:
Representations, Warranties and Agreements of the Subscriber
