Common use of Survival of Representations, Warranties and Agreements; Third Party Beneficiary Clause in Contracts

Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement Agents, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units being purchased and the payment therefor for a period of twenty-four (24) months following the delivery to the Investor of the Units. The Placement Agents and Lazard Fréres & Co. shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (Jazz Pharmaceuticals Inc)

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Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement Agents, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Shares being purchased and the payment therefor for a period of twenty-four (24) months following the delivery to the Investor of the Unitstherefor. The Placement Agents and Lazard Fréres Freres & Co. LLC shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (Dendreon Corp)

Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement AgentsAgent, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Shares, Warrants and any Additional Shares, if any, being purchased and the payment therefor for a period of twenty-four (24) months following therefore until such time as the delivery to the Investor of the UnitsWarrants can no longer be exercised. The Placement Agents Agent and Lazard Fréres & Co. shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section 3.1(b), 3.2(c) and 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (CAPSTONE TURBINE Corp)

Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement Agents, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Shares being purchased and the payment therefor for a period of twenty-four (24) months following the delivery to the Investor of the Unitstherefor. The Placement Agents and Lazard Fréres & Co. shall be a third party beneficiaries beneficiary with respect to the representations, warranties and agreements of the Investor in Section 4 hereof.

Appears in 1 contract

Samples: Placement Agency Agreement (Discovery Laboratories Inc /De/)

Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement AgentsAgent, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Shares, Warrants and any Additional Shares, if any, being purchased and the payment therefor for a period of twenty-four (24) months following until such time as the delivery to the Investor of the UnitsWarrants can no longer be exercised. The Placement Agents Agent and Lazard Fréres & Co. shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section Sections 3.1(b), 3.2(c) and 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (A123 Systems, Inc.)

Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement Agents, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Shares being purchased and the payment therefor for a period of twenty-four eighteen (2418) months following the delivery to the Investor of the UnitsShares. The Placement Agents and Lazard Fréres & Co. shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (GTX Inc /De/)

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Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement AgentsAgent, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Shares, Warrants and any Additional Shares, if any, being purchased and the payment therefor for a period of twenty-four (24) months following the delivery to the Investor of the Unitstherefor. The Placement Agents Agent and Lazard Fréres & Co. shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (Fuelcell Energy Inc)

Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement AgentsAgent, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Shares and Warrants being purchased and the payment therefor for a period of twenty-four (24) months following until such time as the delivery to the Investor of the UnitsWarrants can no longer be exercised. The Placement Agents Agent and Lazard Fréres & Co. shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section Sections 3.1(b), 3.2(c) and 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (A123 Systems, Inc.)

Survival of Representations, Warranties and Agreements; Third Party Beneficiary. Notwithstanding any investigation made by any party to this Agreement or by the Placement AgentsAgent, all covenants, agreements, representations and warranties made by the Company and the Investor herein will survive the execution of this Agreement, the delivery to the Investor of the Units Notes and Warrants being purchased and the payment therefor for a period of twenty-four (24) months following the delivery to the Investor of the Unitstherefor. The Placement Agents Agent and Lazard Fréres & Co. shall be third party beneficiaries with respect to the representations, warranties and agreements of the Investor in Section 4 hereof.

Appears in 1 contract

Samples: Subscription Agreement (Globalstar, Inc.)

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