Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as follows:
Appears in 137 contracts
Samples: Purchase Agreement (Sunshine Bancorp, Inc.), Form of Purchase Agreement (Cytrx Corp), F Form of Purchase Agreement (Staar Surgical Company)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, to the Purchaser as follows:
Appears in 63 contracts
Samples: Subscription Agreement (Growth Capital Acquisition Corp.), Subscription Agreement (Hennessy Capital Investment Corp. V), Subscription Agreement (Power & Digital Infrastructure Acquisition II Corp.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, the Purchaser as followsthat:
Appears in 42 contracts
Samples: Underwriting Agreement (Integra Resources Corp.), Etf Services Agreement (iShares Bitcoin Trust), Distribution Agreement (Schwab Strategic Trust)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as followsHolder that:
Appears in 31 contracts
Samples: Warrant (Sonic Foundry Inc), Warrant (Activecare, Inc.), Warrant (EnergyConnect Group Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the to each Purchaser as follows:
Appears in 24 contracts
Samples: Secured Note and Warrant Purchase Agreement (ARYx Therapeutics, Inc.), Note and Warrant Purchase Agreement (Acelrx Pharmaceuticals Inc), Note Purchase Agreement (BeneChill, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants withwith each Investor, the Purchaser as follows:
Appears in 21 contracts
Samples: Securities Purchase and Registration Rights Agreement (Star Scientific Inc), Securities Purchase and Registration Rights Agreement (Star Scientific Inc), Securities Purchase and Registration Rights Agreement (Star Scientific Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants toto the Purchaser, and covenants withfor the benefit of the Purchaser, the Purchaser as follows:
Appears in 19 contracts
Samples: Purchase Agreement (Digene Corp), Purchase Agreement (Chordiant Software Inc), Note Purchase Agreement (Medical Media Television, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser Investor, as follows:
Appears in 14 contracts
Samples: Securities Purchase and Registration Rights Agreement (Star Scientific Inc), Securities Purchase and Registration Rights Agreement (Star Scientific Inc), Securities Purchase and Registration Rights Agreement (Star Scientific Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, to the Purchaser Purchasers as follows:
Appears in 11 contracts
Samples: Securities Purchase Agreement (SafeStitch Medical, Inc.), Securities Purchase Agreement (Opko Health, Inc.), Securities Purchase Agreement (SafeStitch Medical, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser Investor as follows:
Appears in 10 contracts
Samples: Common Stock and Warrant Purchase Agreement (Flint Telecom Group Inc.), Stock Purchase Agreement (Energy Conversion Devices Inc), Stock Purchase Agreement (Energy Conversion Devices Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as followsInvestor that:
Appears in 9 contracts
Samples: Securities Purchase Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, to and covenants with, with the Purchaser as follows:
Appears in 8 contracts
Samples: Securities Purchase Agreement (Bone Biologics Corp), Subscription Agreement (Bone Biologics Corp), Subscription Agreement (Bone Biologics Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as followsthat:
Appears in 8 contracts
Samples: Employment Agreement (Flagstar Bancorp Inc), Warrant Purchase Agreement (Global Mobiletech, Inc.), Purchase Agreement (Flagstar Bancorp Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, to the Purchaser that as followsof the Closing and each date Shares are delivered to the Purchaser pursuant to the terms hereof:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Growlife, Inc.), Securities Purchase Agreement (Integrated Ventures, Inc.), Common Stock Purchase Agreement (Vape Holdings, Inc.)
Representations, Warranties and Covenants of the Company. 3.01 The Company hereby represents and warrants to, and covenants with, the Purchaser as followsthat:
Appears in 7 contracts
Samples: Share Purchase Agreement (Vibro Tech Industries Inc), Share and Class 2 Warrant Purchase Agreement (Vibro Tech Industries Inc), Share Purchase Agreement (Vibro Tech Industries Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser each Investor, as follows:
Appears in 7 contracts
Samples: Placement Agency Agreement (Sequenom Inc), Purchase Agreement (Vion Pharmaceuticals Inc), Purchase Agreement (Questcor Pharmaceuticals Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, each of the Purchaser Investors as follows:
Appears in 7 contracts
Samples: Subscription Agreement (Ohr Pharmaceutical Inc), Subscription Agreement (Ohr Pharmaceutical Inc), Subscription Agreement (Idt Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as followsInvestor, that:
Appears in 6 contracts
Samples: Agreement (Clarios International Inc.), Series C Preferred Stock Repurchase Agreement (Mitsubishi Ufj Financial Group Inc), Agreement (Ruhnn Holding LTD)
Representations, Warranties and Covenants of the Company. The Company hereby represents makes the following representations and warrants to, warranties to and covenants with, with the Purchaser as followsPurchasers:
Appears in 6 contracts
Samples: Securities Purchase Agreement (DE Acquisition 3, Inc.), Securities Purchase Agreement (Wyncrest Capital, Inc.), Securities Purchase Agreement (New Asia Partners, LLC)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, to the Purchaser as followsthat:
Appears in 6 contracts
Samples: Warrant Purchase Agreement (Dolphin Digital Media Inc), Secured Convertible Note Purchase Agreement (Medicine Man Technologies, Inc.), Stock Purchase Agreement (Distinctive Devices Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, to the Purchaser Purchasers as follows:
Appears in 5 contracts
Samples: Form of Stock Purchase Agreement (Adkins M Douglas), Form of Stock Purchase Agreement (Delicious Brands Inc), Note Purchase Agreement (Delicious Brands Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the each Purchaser as followsthat:
Appears in 5 contracts
Samples: Share Purchase Agreement (Mer Telemanagement Solutions LTD), Share Purchase Agreement (Challen Roger), Share Purchase Agreement (Friedman Tzvika)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, to and covenants with, with the Purchaser as follows:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Cosi Inc), Purchase Agreement (Retractable Technologies Inc), Purchase Agreement (Retractable Technologies Inc)
Representations, Warranties and Covenants of the Company. The Company hereby acknowledges, represents and warrants to, and covenants agrees with, the Purchaser as followsthat:
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Digimarc CORP), Common Stock Purchase Agreement (Digimarc CORP), Common Stock Purchase Agreement (Digimarc CORP)
Representations, Warranties and Covenants of the Company. The Company hereby represents acknowledges, represents, and warrants to, and covenants agrees with, the each Purchaser as followsthat:
Appears in 4 contracts
Samples: Securities Purchase Agreement (PetVivo Holdings, Inc.), Securities Purchase Agreement (PetVivo Holdings, Inc.), Securities Purchase Agreement (PetVivo Holdings, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants torepresents, warrants, and covenants withthe following, the Purchaser as followstruth and accuracy of which shall constitute a condition precedent to the obligations of the Buyer pursuant to the provisions of this Agreement:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Vitasti, Inc. /De/), Stock Purchase Agreement (Infrastructure Developments Corp.), Stock Purchase Agreement (Welwind Energy International CORP)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the each Initial Purchaser as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Health Management Associates Inc), Purchase Agreement (Alliance Data Systems Corp), Purchase Agreement (Alliance Data Systems Corp)
Representations, Warranties and Covenants of the Company. The Company -------------------------------------------------------- hereby represents and warrants to, and covenants with, the Purchaser Investor, as follows:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Conceptus Inc), Stock Purchase Agreement (Conceptus Inc), Purchase Agreement (Hanover Compressor Co /)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants toto each Purchaser, and covenants withfor the benefit of each Purchaser, the Purchaser as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Advanced Viral Research Corp), Note Purchase Agreement (Ramp Corp), Note and Warrant Purchase Agreement (Ramp Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, the to each Purchaser as follows:
Appears in 3 contracts
Samples: Subscription Agreement (Good Works Acquisition Corp.), Subscription Agreement (Good Works II Acquisition Corp.), Stock Purchase Agreement (Cellular Technical Services Co Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Initial Purchaser as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Jakks Pacific Inc), Purchase Agreement (Jakks Pacific Inc), Purchase Agreement (Jakks Pacific Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as follows:
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Mego Mortgage Corp), Preferred Stock Purchase Agreement (Mego Mortgage Corp), Common Stock Purchase Agreement (Mego Mortgage Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, to and with the Purchaser on its own behalf (and acknowledges that the Purchaser is relying thereon) as follows:
Appears in 3 contracts
Samples: Subscription Agreement (Cool Holdings, Inc.), Subscription Agreement (Cool Holdings, Inc.), Subscription Agreement (Cool Holdings, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, the Purchaser to Purchasers as follows:
Appears in 2 contracts
Samples: Share Purchase Agreement (Richtech Robotics Inc.), Share Purchase Agreement (Biolife Solutions Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser Purchaser, as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Viisage Technology Inc), Purchase Agreement (Genelabs Technologies Inc /Ca)
Representations, Warranties and Covenants of the Company. The Company hereby acknowledges, represents and warrants to, and covenants agrees with, the each Purchaser as followsthat:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (SMTC Corp), Common Stock Purchase Agreement
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, to the Purchaser and agrees as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Imedia International Inc), Securities Purchase Agreement (Imedia International Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the each Purchaser as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (First Albany Companies Inc), Stock Purchase Agreement (Ddi Corp)
Representations, Warranties and Covenants of the Company. The -------------------------------------------------------- Company hereby represents and warrants to, and covenants with, the Purchaser as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Myriad Genetics Inc), Stock Purchase Agreement (Thermedics Detection Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, to the Purchaser Purchasers as follows:
Appears in 2 contracts
Samples: Subordination Agreement (Syndax Pharmaceuticals Inc), Note and Warrant Purchase Agreement (New Generation Biofuels Holdings, Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as followsthat:
Appears in 2 contracts
Samples: Collaboration and License Agreement (Aphton Corp), Collaboration and License Agreement (Aphton Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, the to Purchaser as follows:
Appears in 2 contracts
Samples: Subscription Agreement (Valor Latitude Acquisition Corp.), Series a Preferred Stock and Debt Exchange Agreement (Salt Blockchain Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants toto the Purchaser (except as set forth in the Commission Documents as defined below), and covenants withfor the benefit of the Purchaser, the Purchaser as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Seebeyond Technology Corp), Purchase Agreement (Seebeyond Technology Corp)
Representations, Warranties and Covenants of the Company. The Company hereby -------------------------------------------------------- represents and warrants toto the Purchaser, and covenants withfor the benefit of the Purchaser, the Purchaser as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Myriad Genetics Inc), Purchase Agreement (Myriad Genetics Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Precision Optics Corporation Inc), Purchase Agreement (Oscient Pharmaceuticals Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, to the Purchaser Stockholder as follows:
Appears in 2 contracts
Samples: Voting Agreement (Trade Street Residential, Inc.), Voting Agreement (Independence Realty Trust, Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser that as followsof the date of this Agreement:
Appears in 2 contracts
Samples: Purchase Agreement (Cerus Corp), Purchase Agreement (Cerus Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, each of the Purchaser Purchasers, as follows:
Appears in 2 contracts
Samples: 1 (Bam Entertainment Inc), Series C Stock Purchase Agreement (Bam Entertainment Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, to the Purchaser as followsthat:
Appears in 1 contract
Samples: Series a Preferred Stock Subscription Agreement (Acorn Energy, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants toto the Purchasers that, and covenants withas of the Closing, the Purchaser and, except as followsotherwise stated herein:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents makes the following representations and warrants to, and covenants with, warranties to the Purchaser as followsPurchaser:
Appears in 1 contract
Samples: The Securities Purchase Agreement (180 Life Sciences Corp.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, with the Purchaser as follows:
Appears in 1 contract
Samples: Form of Share Subscription Agreement (Airship International LTD)
Representations, Warranties and Covenants of the Company. The Company hereby represents represents, warrants, covenants and warrants to, and covenants with, agrees with the Purchaser as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Gulfstream International Group Inc)
Representations, Warranties and Covenants of the Company. The To induce the Purchasers to grant the waiver requested herein, the Company hereby represents and represents, warrants to, and covenants with, to the Purchaser Purchasers as follows:
Appears in 1 contract
Samples: Haemonetics Corp
Representations, Warranties and Covenants of the Company. The Company hereby represents represents, warrants and warrants to, and covenants with, Covenants to the Purchaser as followsBuyer that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Eyes on the Go, Inc.)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, with the Purchaser as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, the to Purchaser as followsfollows :
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser Seller, as follows:
Appears in 1 contract
Samples: Registration Rights Agreement (Aquis Communications Group Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, to and with the Purchaser as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser as followsthat the following statements are true correct:
Appears in 1 contract
Samples: Stock Purchase Agreement (Highlands Insurance Group Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, the to each Purchaser as followsthat:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, to each of the Purchaser Purchasers as follows:
Appears in 1 contract
Samples: Subscription Agreement (Singularity Future Technology Ltd.)
Representations, Warranties and Covenants of the Company. The As a material inducement to the Purchasers to enter into this Agreement and purchase the Warrants, the Company hereby represents and warrants to, and covenants with, the Purchaser as followsthat:
Appears in 1 contract
Samples: Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants toto the Purchasers, and covenants withfor the benefit of the Purchasers, the Purchaser as follows:
Appears in 1 contract
Samples: Purchase Agreement (Vialink Co)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser Subscriber, as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser each Purchaser, as follows:
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Big Dog Holdings Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, to and covenants with, with the Purchaser Buyer as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Selling Stockholders and the Purchaser as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser Issuee, as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Selling Stockholder and the Purchaser as follows:
Appears in 1 contract
Samples: Purchase Agreement (Compudyne Corp)
Representations, Warranties and Covenants of the Company. The Company hereby represents and warrants to, and covenants with, the Purchaser each Xxxxxxxx Purchaser, as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Viisage Technology Inc)
Representations, Warranties and Covenants of the Company. The Company hereby represents and represents, warrants to, and covenants with, the to each Purchaser as follows:;
Appears in 1 contract
Samples: Stock Purchase Agreement (American Telecasting Inc/De/)
Representations, Warranties and Covenants of the Company. The Except as set forth in the Exchange Act Reports (as defined below), the Company hereby represents and warrants to, and covenants with, the Purchaser as follows:
Appears in 1 contract
Representations, Warranties and Covenants of the Company. The For the benefit of the Purchaser, the Company hereby represents and warrants to, and covenants with, the Purchaser as follows:
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Migo Software, Inc.)
