Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Closing Date:
Appears in 260 contracts
Samples: Securities Purchase Agreement (Tantech Holdings LTD), Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (Windtree Therapeutics Inc /De/)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the each Closing Date:
Appears in 28 contracts
Samples: Securities Purchase Agreement (Cannabics Pharmaceuticals Inc.), Form of Securities Purchase Agreement (EnteroMedics Inc), Securities Purchase Agreement (TruGolf Holdings, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Investor as of the date hereof and as of the Closing Date:
Appears in 19 contracts
Samples: Exchange Agreement (Hanover Bancorp, Inc. /NY), Exchange Agreement (Hanover Bancorp, Inc. /NY), Exchange Agreement (Castle Creek Capital Partners VII, LP)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Buyer that, as of the date hereof and as of the Closing Date:
Appears in 18 contracts
Samples: Securities Purchase Agreement (Trovagene, Inc.), Securities Purchase Agreement (Cleanspark, Inc.), Securities Purchase Agreement (Avant Diagnostics, Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Investor as of the date hereof and as of the Closing DateDate that:
Appears in 13 contracts
Samples: Exchange Agreement (Alliance Data Systems Corp), Exchange Agreement, Securities Purchase Agreement
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers and the Placement Agent that, as of the date hereof and as of the Closing Date:
Appears in 12 contracts
Samples: Securities Purchase Agreement (Helios & Matheson Analytics Inc.), Securities Purchase Agreement (Duos Technologies Group, Inc.), Securities Purchase Agreement (Helios & Matheson Analytics Inc.)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, as of Purchaser on the date hereof and on and as of the Closing DateDate as follows:
Appears in 12 contracts
Samples: Registration Rights Agreement (Viatel Inc), Stock Purchase Agreement (Hicks Thomas O), Preferred Stock and Warrant Purchase Agreement (Icg Services Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Buyer as of the date hereof and as of the Closing DateDate as follows:
Appears in 11 contracts
Samples: Series a Preferred Stock Purchase Agreement (Searchhelp Inc), Series a Preferred Stock Purchase Agreement (Searchhelp Inc), Series a Preferred Stock Purchase Agreement (Searchhelp Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and Purchasers as of the Closing DateDate as follows:
Appears in 10 contracts
Samples: Common Stock Purchase Agreement (Aradigm Corp), Securities Purchase Agreement (Aradigm Corp), Securities Purchase Agreement (Aradigm Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Investor that as of the date hereof and as of the Closing Date:
Appears in 10 contracts
Samples: Purchase Agreement (Auris Medical Holding AG), Share Transfer Agreement (Axsome Therapeutics, Inc.), Purchase Agreement (xG TECHNOLOGY, INC.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Closing Date:Date (except for representations and warranties that speak as of a specific date which shall be true and correct as of such specified date):
Appears in 9 contracts
Samples: Securities Purchase Agreement (Akerna Corp.), Securities Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as of the date hereof and as of the Closing DateDate as follows:
Appears in 8 contracts
Samples: Subscription and Standby Commitment Agreement (Westpoint International Inc), Exchange Agreement (Valuevision Media Inc), Subscription and Standby Commitment Agreement (American Real Estate Partners L P)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers thatwarrants, as of the date hereof of this Agreement and as of on the Closing Date, to each Buyer, that:
Appears in 8 contracts
Samples: Securities Exchange Agreement (Sonterra Resources, Inc.), Securities Exchange Agreement (Sonterra Resources, Inc.), Securities Purchase Agreement (Mru Holdings Inc)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers thatPurchaser, as of the date hereof and as of the Closing Date, that:
Appears in 8 contracts
Samples: Agreement of Purchase and Sale (U S Wireless Data Inc), Agreement of Purchase and Sale (TNS Inc), Agreement of Purchase and Sale (TNS Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the each applicable Closing Date:
Appears in 8 contracts
Samples: Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Cellect Biotechnology Ltd.), Securities Purchase Agreement (American Defense Systems Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and Purchaser as of the Closing DateDate as follows:
Appears in 8 contracts
Samples: Purchase Agreement (Medalist Diversified REIT, Inc.), Unit Purchase Agreement (Nexmed Inc), Employment Agreement (Logimetrics Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as follows as of the date hereof and as of the Closing Date:
Appears in 8 contracts
Samples: Registration Rights Agreement (Impax Laboratories Inc), Stock Purchase Agreement (Keystone Inc Et Al), Stock Purchase Agreement (Energy Biosystems Corp)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, as of Investor on the date hereof and on and as of the Closing DateDate as follows:
Appears in 8 contracts
Samples: Stock Purchase Agreement (Avaya Inc), Stock Purchase Agreement (Seabulk International Inc), Exchange Agreement (Midocean Capital Partners Lp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof Execution Date and as of the Closing Date:
Appears in 8 contracts
Samples: Securities Purchase Agreement (Truli Media Group, Inc.), Securities Purchase Agreement (EnergyTEK Corp.), Securities Purchase Agreement (GridIron BioNutrients, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as of the date hereof and as of the Closing DateDate that:
Appears in 8 contracts
Samples: Securities Purchase Agreement (Ribozyme Pharmaceuticals Inc), Stock Purchase Agreement (Equalnet Holding Corp), Securities Purchase Agreement (Ribozyme Pharmaceuticals Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers thatBuyers, as of the date hereof and as of the each applicable Closing DateDate (unless otherwise provided herein), that:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser that as of the date hereof and as of the Closing DateClosing:
Appears in 7 contracts
Samples: Note Purchase Agreement (Worthington Industries Inc), Note Purchase Agreement (Park National Corp /Oh/), Note Purchase Agreement (ServisFirst Bancshares, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each Purchaser, on the date of this Agreement and the date of the Buyers Closing, that, as of the date hereof and as of the Closing Date:
Appears in 7 contracts
Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Purchaser that, as of the date hereof and as of the Closing Date:
Appears in 7 contracts
Samples: Common Stock and Warrant Purchase Agreement (O2diesel Corp), Common Stock and Warrant Purchase Agreement (O2diesel Corp), Common Stock and Warrant Purchase Agreement (O2diesel Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers thatBuyer, as of the date hereof and as of the Closing Date, as follows:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Noble International, Ltd.), Securities Purchase Agreement (ArcelorMittal), Securities Purchase Agreement (Eagle Point Credit Co Inc.)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, Buyer as of the date hereof and as of the Closing DateDate that:
Appears in 7 contracts
Samples: Share Purchase Agreement (Atlas Industries Holdings LLC), Share Purchase Agreement (Atlas Industries Holdings LLC), Share Purchase Agreement (Atlas Industries Holdings LLC)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Investors as of the date hereof and as of the Closing DateDate as follows:
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Sino Green Land Corp), Common Stock Purchase Agreement (Sino Green Land Corp), Subscription and Exchange Agreement (Group Maintenance America Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and Purchaser as of the Closing DateDate that:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Hc2 Holdings, Inc.), Securities Purchase Agreement (Digerati Technologies, Inc.), Securities Purchase Agreement (Digerati Technologies, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of each Closing Date to each of the Closing DateBuyers that:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Cmark International Inc), Securities Purchase Agreement (Buckeye Ventures, Inc.), Securities Purchase Agreement (Cmark International Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and Purchaser as of the Closing DateDate as follows:
Appears in 7 contracts
Samples: Warrant Purchase Agreement (GRANDPARENTS.COM, Inc.), Common Stock Purchase Agreement (Bb Biotech Ag), Common Stock Purchase Agreement (Aviron)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, Purchaser as of the date hereof and as of the Closing DateDate as follows:
Appears in 6 contracts
Samples: Preferred Stock Purchase Agreement (EPAM Systems, Inc.), Note Purchase Agreement (Quokka Sports Inc), Note Purchase Agreement (Quokka Sports Inc)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers thatPurchaser, as of the date hereof and as of the Closing DateClosing, as follows:
Appears in 6 contracts
Samples: Exchange Agreement (McLeodusa Inc), Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Equ MGMT Buyout Part Vi Lp), Stock Purchase Agreement (McLeodusa Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Investor as follows as of the date hereof and as of the Closing Date:
Appears in 6 contracts
Samples: Preferred Stock Recapitalization Agreement (Transmontaigne Inc), Investor Rights Agreement (TCP-ASC ACHI Series LLLP), Preferred Stock Agreement (R1 RCM Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers thatInvestor, as of the date hereof and as of the Closing Date, as follows:
Appears in 6 contracts
Samples: Subscription Agreement (Sanders Don A), Subscription Agreement (Waste Services, Inc.), Subscription Agreement (Prides Capital Partners, LLC)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, that as of the date hereof and as of the Closing Datehereof:
Appears in 6 contracts
Samples: Securities Purchase Agreement (Richardson Electronics LTD/De), Securities Purchase Agreement (NPS Pharmaceuticals Inc), Securities Purchase Agreement (Rsa Security Inc/De/)
Representations and Warranties of the Company. The Company represents and warrants to the Purchasers, and each of the Buyers thatthem, as of the date hereof and as of Closing Date the Closing Datefollowing:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Lakota Technologies Inc), Securities Purchase Agreement (E Rex Inc), Registration Rights Agreement (Advanced Optics Electronics Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Investors that, as of the date hereof and as of the Closing DateClosing:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Neomagic Corp), Stock Purchase Agreement (Neomagic Corp), Stock Purchase Agreement (Neomagic Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of on the date hereof and as of on the Closing DateDate that:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Golden Autumn Holdings Inc.), Securities Purchase Agreement (Comanche Clean Energy Corp), Securities Purchase Agreement (Comanche Clean Energy Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Investor that, as of the date hereof and as of the Closing Date:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Dolphin Entertainment, Inc.), Securities Purchase Agreement (Dolphin Entertainment, Inc.), Securities Purchase Agreement (Dolphin Entertainment, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Closing Datehereof:
Appears in 5 contracts
Samples: Securities Purchase Agreement (PARETEUM Corp), Securities Purchase Agreement (Hagerty, Inc.), Securities Purchase Agreement (PARETEUM Corp)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, as of the date hereof and Purchaser as of the Closing Date, and agrees, as follows:
Appears in 5 contracts
Samples: Purchase Agreement (Wits Basin Precious Minerals Inc), Purchase Agreement (Nyfix Inc), Purchase Agreement (Bell Industries Inc /New/)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Buyer that, as of the date hereof and as of the Closing Date:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.), Securities Purchase Agreement (OKYO Pharma LTD)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as of the date hereof and as of the Closing Datethat:
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Miravant Medical Technologies), Note and Common Stock Purchase Agreement (Beta Oil & Gas Inc), Securities Purchase Agreement (Miravant Medical Technologies)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as of the date hereof and as of on the Closing DateDate as follows:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Digital Power Corp), Securities Purchase Agreement (Digital Power Corp), Securities Purchase Agreement (Digital Power Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as follows as of the date hereof and as of the Closing Date:
Appears in 5 contracts
Samples: Note and Warrant Purchase Agreement (Integral Vision Inc), Note and Warrant Purchase Agreement (Integral Vision Inc), Note and Warrant Purchase Agreement (Medar Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as of the date hereof and as of the Closing Datethat:
Appears in 5 contracts
Samples: Share Subscription Agreement (KKR Financial Holdings LLC), Share Subscription Agreement (KKR Financial Holdings LLC), Share Subscription Agreement (Apollo Investment Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Buyer that, as of the date hereof and as of the Closing Date:
Appears in 5 contracts
Samples: Note Purchase Agreement (Merisel Inc /De/), Note Purchase Agreement (Energy Focus, Inc/De), Note Purchase Agreement (Energy Focus, Inc/De)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Buyer that as of the date hereof Execution Date and as of the each Closing Date:Date (or as of such other time expressly specified below):
Appears in 5 contracts
Samples: Note Purchase Agreement (Nexien Biopharma, Inc.), Note Purchase Agreement (Nexien Biopharma, Inc.), Note Purchase Agreement (Boatim Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the applicable Closing Date:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Pegasi Energy Resources Corporation.), Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC), Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchasers as of the date hereof and as of the Closing DateDate as follows:
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Evergreen Solar Inc), Stock and Warrant Purchase Agreement (Evergreen Solar Inc), Stock and Warrant Purchase Agreement (Shaw Robert W Jr)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Closing DateDate that:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Edap TMS Sa), Securities Purchase Agreement (Biodelivery Sciences International Inc), Securities Purchase Agreement (Elbit Vision Systems LTD)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Initial Closing Date and each Subsequent Closing Date:
Appears in 4 contracts
Samples: Securities Purchase Agreement (9 Meters Biopharma, Inc.), Securities Purchase Agreement (Workhorse Group Inc.), Securities Purchase Agreement (AMERICAN BATTERY TECHNOLOGY Co)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser on and as of the date hereof and on and as of the Closing DateDate as follows:
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Tak Sharad Kumar), Stock and Warrant Purchase Agreement (Healthaxis Inc), Stock and Warrant Purchase Agreement (Healthaxis Inc)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, Purchasers as of the date hereof and as of the Closing DateDate that:
Appears in 4 contracts
Samples: Purchase Agreement (Cazoo Group LTD), Registration Rights Agreement (Kennedy-Wilson Holdings, Inc.), Stock Purchase Agreement (Gardenburger Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of to, and agrees with, the Buyers that, Initial Purchasers that as of the date hereof and as of at the Closing Date:Date (as defined herein):
Appears in 4 contracts
Samples: Purchase Agreement (Transcontinental Gas Pipe Line Corp), Transcontinental Gas Pipe Line Corp, Northwest Pipeline Corp
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as follows as of the date hereof and as of the Closing Date:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Reliance Financial Services Corp), Securities Purchase Agreement (Swiss Reinsurance America Corp), Securities Purchase Agreement (Home State Holdings Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of Purchasers on the date hereof and as of on the Closing DateDate as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp), Securities Purchase Agreement (Savvis Communications Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of to, and covenants with, the Buyers that, Purchasers as of the date hereof and as of the Closing DateDate as follows:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc)
Representations and Warranties of the Company. The As of the date of the Closing, the Company represents and warrants to each of the Buyers Purchaser that, as of the date hereof and as of the Closing Date:
Appears in 3 contracts
Samples: Note Purchase Agreement (Tortoise Midstream Energy Fund, Inc.), Note Purchase Agreement (Tortoise MLP Fund, Inc.), Tortoise Energy Infrastructure Corp
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Investor as of the date hereof and follows as of the Closing Date:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Reliability Inc), Securities Purchase Agreement (Reliability Inc), Securities Purchase Agreement (Reliability Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, that as of the date hereof and as of the Closing Date:
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Beyond Air, Inc.), Common Stock Purchase Agreement (Alder Biopharmaceuticals Inc), Common Stock Purchase Agreement (Beyond Air, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as of the date hereof and as of the Closing Datethat:
Appears in 3 contracts
Samples: Guarantee Agreement (Yamana Gold Inc), Yamana Gold (Yamana Gold Inc), Note Purchase Agreement (Yamana Gold Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers thatBuyers, as of the date hereof and as of the Closing DateDate (unless otherwise provided herein), that:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alpha-en Corp), Securities Purchase Agreement (Alpha-en Corp), Securities Purchase Agreement (Alpha-en Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as follows as of the date hereof and as of the Closing Date:
Appears in 3 contracts
Samples: Share Purchase Agreement (Jinglong Group Co., Ltd.), Share Purchase Agreement (Home Inns & Hotels Management Inc.), Share Purchase Agreement (JA Solar Holdings Co., Ltd.)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers thatPurchaser in a Closing, as of the date hereof and of such Closing, as of the Closing Datefollows:
Appears in 3 contracts
Samples: Note Purchase Agreement (Desert Hawk Gold Corp.), Note Purchase Agreement (Bitzio, Inc.), Note and Warrant Purchase Agreement (Augme Technologies, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Closing DateDate as follows:
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Avantair, Inc), Preferred Stock Purchase Agreement (Avantair, Inc), Preferred Stock Purchase Agreement (Rand Acquisition CORP)
Representations and Warranties of the Company. The Company represents and warrants warrants, as of the date of this Agreement and the Closing Date to each of the Buyers and to the Placement Agents that, as of the date hereof and as of the Closing Date:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Applied Therapeutics Inc.), Securities Purchase Agreement (Applied Therapeutics Inc.), Securities Purchase Agreement (Applied Therapeutics Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers thatBuyers, as of the date hereof and as of the Closing Date, knowing and intending the Buyers’ reliance hereon, that:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Solus Alternative Asset Management LP), Stock Purchase Agreement (Avenue Capital Management II, L.P.), Stock Purchase Agreement (Carlyle Group L.P.)
Representations and Warranties of the Company. The Company represents and warrants to to, and agrees with, each of the Buyers that, Holder as of the date hereof and as of the Closing DateDate as follows:
Appears in 3 contracts
Samples: Wcas Exchange Agreement (Itc Deltacom Inc), Series a Preferred Stockholder Agreement (Itc Deltacom Inc), Series D Warrant Exchange Agreement (Itc Deltacom Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchasers as follows as of the date hereof and as of the Closing Dateas follows:
Appears in 3 contracts
Samples: Stock Purchase Agreement (PNV Net Inc), Stock Purchase Agreement (Park N View Inc), Warrant Purchase Agreement (Creditrust Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Buyer as of the date hereof and as of the Closing DateDate (except as otherwise provided herein) that:
Appears in 3 contracts
Samples: Purchase Agreement (Jones Apparel Group Inc), Purchase Agreement (Kasper a S L LTD), Purchase Agreement (Kasper a S L LTD)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers thatwarrants, as of the date hereof and as of the Closing Date, to each of the Buyers, that:
Appears in 3 contracts
Samples: Securities Purchase Agreement (South Texas Oil Co), Securities Purchase Agreement (South Texas Oil Co), Securities Purchase Agreement (South Texas Oil Co)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Purchaser that, as of the date hereof and as of the Closing Date:
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Cyber Supply Inc.), Common Stock Purchase Agreement (Cig Wireless Corp.), Preferred Stock Purchase Agreement (BLVD Holdings Inc)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers Investor that, as of the date hereof and as of the Closing Datedate of the applicable Closing:
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Nutracea), Membership Interest Purchase Agreement (Nutracea), Membership Interest Purchase Agreement (Nutracea)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Closing DateDate to each of the Buyer that:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Platina Energy Group Inc.), Securities Purchase Agreement (Vortex Resources Corp.), Securities Purchase Agreement (Platina Energy Group Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of Purchaser on the Buyers that, as of Execution Date and on the date hereof and as of the Closing Datethat:
Appears in 3 contracts
Samples: Accession Agreement (Hudson Pacific Properties, L.P.), Note Purchase Agreement (Kilroy Realty, L.P.), Note Purchase Agreement (Epr Properties)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Buyer as of the date hereof and as of the Closing DateDate as follows:
Appears in 3 contracts
Samples: Escrow Agreement (Casino Resource Corp), Escrow Agreement (Casino Resource Corp), Escrow Agreement (Casino Resource Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Buyer as of the date hereof and as the date of the Closing Dateas follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Danskin Inc), Securities Purchase Agreement (Danskin Investors LLC)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers thatPurchaser, as of the date hereof and as of the Closing DateClosing, that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Morgan Group Holding Co), Securities Purchase Agreement (Mimvi, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as follows as of the date hereof and as of the each Closing Date:.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Daimlerchrysler Aerospace Ag), Spacehab Inc \Wa\
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Purchaser that, on and as of the date hereof and as of the Closing DateClosing:
Appears in 2 contracts
Samples: Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Centerpoint Energy Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, that as of the date hereof and as of the Closing Date:
Appears in 2 contracts
Samples: Registration Rights Agreement (Loews Corp), Registration Rights Agreement (Cna Financial Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Purchaser that, as of the date hereof and as of the Closing Date, as follows:
Appears in 2 contracts
Samples: Note Purchase Agreement (Li-Cycle Holdings Corp.), Note Purchase Agreement (Li-Cycle Holdings Corp.)
Representations and Warranties of the Company. The Company represents and warrants to each of and agrees with the Buyers thatPurchaser, as of the date hereof Initial Closing Date, and as of the each Option Closing Date, that:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Genzyme Corp), Stock Purchase Agreement (Focal Inc)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, as of the date hereof and Investor that as of the Closing Date:
Appears in 2 contracts
Samples: Registration Rights Agreement (O2 Secure Wireless, Inc.), Regulation S Securities Purchase Agreement (O2 Secure Wireless, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Closing DateClosing:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Millennium Cell Inc), Securities Purchase Agreement (Millennium Cell Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Purchaser that, as of the date hereof and as of the Closing Date:
Appears in 2 contracts
Samples: Subscription Agreement (Crimson Exploration Inc.), Subscription Agreement (America Capital Energy Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date of execution hereof and as of the Closing DateDate to each of the Buyers:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ascendia Brands, Inc.), Securities Purchase Agreement (Ascendia Brands, Inc.)
Representations and Warranties of the Company. The Company hereby represents and warrants to each of the Buyers that, Sellers as of the date hereof and as of the Closing DateDate as follows:
Appears in 2 contracts
Samples: Share Purchase Agreement (GCL Silicon Technology Holdings Inc.), Share Purchase Agreement (GCL Silicon Technology Holdings Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of Purchaser on the date hereof and as of the on each Closing DateDate that:
Appears in 2 contracts
Samples: Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser that as of the date hereof and as of the Closing Date:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Penford Corp), Securities Purchase Agreement (Patient Infosystems Inc)
Representations and Warranties of the Company. The Company represents and warrants to the Purchasers, and each of the Buyers thatthem, as of the date hereof and Closing Date as of the Closing Date:set forth herein.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Take Two Interactive Software Inc), Securities Purchase Agreement (Autobond Acceptance Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof Execution Date and as of the First Closing Dateand the Second Closing:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Probility Media Corp), Securities Purchase Agreement (Probility Media Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof Purchaser on and as of the Closing DateDate that:
Appears in 2 contracts
Samples: Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Perkinelmer Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers Holders that, as of the date hereof and as of the Closing Date:
Appears in 2 contracts
Samples: Voting Agreement (Velo3D, Inc.), Securities Exchange Agreement (Agrify Corp)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as As of the date hereof and as of the Closing Date, the Company represents and warrants to each of the Purchasers as follows:
Appears in 2 contracts
Samples: Note Purchase Agreement (BCC Acquisition Ii LLC), Warrant Registration Rights Agreement (Diametrics Medical Inc)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and Initial Purchaser as of the Closing Date:
Appears in 2 contracts
Samples: Note Purchase Agreement (REV Renewables, Inc.), Note Purchase Agreement (REV Renewables, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Purchaser as follows as of the date hereof and as of the Closing Date:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ivoice, Inc /De), Stock Purchase Agreement (Thomas Pharmaceuticals, Ltd.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, as of the date hereof and as of the Initial Closing Date and each Subsequent Closing Date, if any:
Appears in 2 contracts
Samples: Voting Agreement (Velo3D, Inc.), Securities Purchase Agreement (Bionano Genomics, Inc.)
Representations and Warranties of the Company. The Company represents and warrants to each of the Buyers that, Investor effective as of the date hereof and as of the Closing Date:
Appears in 2 contracts
Samples: Exchange Agreement (Charter Urs LLC), Exchange Agreement (United Road Services Inc)
