REPRESENTATIONS, WARRANTIES, COVENANTS, ETC. OF THE COMPANY. The Company represents and warrants to, and covenants and agrees with, the Buyer as follows:
REPRESENTATIONS, WARRANTIES, COVENANTS, ETC. OF THE COMPANY. The Company represents and warrants to the Holder that the following matters are true and correct on the date of execution and delivery of this Agreement, will be true and correct on the Closing Date and the Company covenants and agrees with the Holder as follows:
REPRESENTATIONS, WARRANTIES, COVENANTS, ETC. OF THE COMPANY. The Company represents and warrants to each Holder that the following matters are true and correct on the date of execution and delivery of this Agreement and will be true and correct on the Effective Date, and the Company covenants and agrees with each Holder as follows:
REPRESENTATIONS, WARRANTIES, COVENANTS, ETC. OF THE COMPANY. The Company represents and warrants to, and covenants and agrees with, the Holder as follows:
REPRESENTATIONS, WARRANTIES, COVENANTS, ETC. OF THE COMPANY. The Company represents and warrants to the Buyer that the following matters are true and correct on the date of execution and delivery of this Agreement, will be true and correct on the Closing Date and, to the extent stated in Section 7(b) will be true and correct on the Exchange Date, and the Company covenants and agrees with the Buyer as follows:
REPRESENTATIONS, WARRANTIES, COVENANTS, ETC. OF THE COMPANY. 1. On October 9, 2006, the Company received a notice letter from AMEX stating that the Company does not meet certain of the AMEX’s continued listing standards as set forth in Part 10 of the AMEX Company Guide (“AMEX Guide”) and that the Company has become subject to the continued listing evaluation and follow-up procedures and requirements of Section 1009 of the AMEX Guide. Additionally, pursuant to a review by AMEX of the Company’s 10-Q for the three and six months ended June 30, 2006, AMEX determined that the Company is not in compliance with Sections 1003(a)(ii) and 1003(a)(iii) of the AMEX Guide.
REPRESENTATIONS, WARRANTIES, COVENANTS, ETC. OF THE COMPANY. The Company represents and warrants to, and covenants and agrees with, the Holder that, except as otherwise set forth on Schedule A to this Agreement, the representations and warranties of Old DecisionPoint set forth in Section 4 of the Note Purchase Agreement, as modified by the schedules to such Note Purchase Agreement, are true and correct as of the Closing Date with respect to the Company and each of its Subsidiaries (as defined in the Note Purchase Agreement) and the transaction contemplated by this Agreement and are hereby incorporated by reference herein as if expressly set forth herein.
