Representations and Warranties of the Holders. Each Holder represents and warrants, severally and not jointly, to the Company as follows:
Appears in 8 contracts
Samples: Purchase and Exchange Agreement, Exchange Agreement, Exchange Agreement (Cobalt International Energy, Inc.)
Representations and Warranties of the Holders. Each Holder represents and warrantsHolder, severally and not jointly, represents and warrants to the Company as followsthat:
Appears in 6 contracts
Samples: Preferred Equity Exchange and Discharge Agreement (Rentech, Inc.), Preferred Equity Exchange and Discharge Agreement (Blackstone Holdings I L.P.), Settlement Agreement (PRECISION OPTICS Corp INC)
Representations and Warranties of the Holders. Each Holder represents The Holders, jointly and warrantsseverally, severally hereby represent and not jointly, warrant to the Company as follows:
Appears in 4 contracts
Samples: Shareholders Agreement (Zix Corp), Shareholders Agreement (Rockall Emerging Markets Master Fund LTD), Stockholders Agreement (Pogo Producing Co)
Representations and Warranties of the Holders. Each Holder represents and warrantsHolder, severally as to itself and not jointly, represents, warrants and agrees to the Company and the Guarantors as follows:
Appears in 4 contracts
Samples: Exchange Agreement (Decrane Holdings Co), Exchange Agreement (Decrane Holdings Co), Exchange Agreement (Decrane Aircraft Holdings Inc)
Representations and Warranties of the Holders. Each Holder represents and warrants, severally and not jointly, warrants to the Company with respect to such Holder as follows:
Appears in 4 contracts
Samples: Restructuring Agreement (Viskase Companies Inc), Restructuring Agreement (Viskase Companies Inc), Restructuring Agreement (Viskase Companies Inc)
Representations and Warranties of the Holders. Each Holder Holder, solely on its own behalf, represents and warrants, severally and not jointly, warrants to the Company as follows:
Appears in 3 contracts
Samples: Limited Waiver and Forbearance Agreement (Bally Total Fitness Holding Corp), And Forbearance Agreement, Limited Waiver and Forbearance Agreement (Bally Total Fitness Holding Corp)
Representations and Warranties of the Holders. Each Holder hereby represents and warrants, severally and not jointly, warrants to the Company as follows:follows (provided that such representations and warranties do not lessen or obviate the representations and warranties of the Company set forth in this Agreement):
Appears in 3 contracts
Samples: Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)
Representations and Warranties of the Holders. Each Holder of the Holders severally represents and warrants, severally and not jointly, warrants to the Company as follows:
Appears in 3 contracts
Samples: Registration Rights Agreement (American Real Estate Partners L P), Registration Rights Agreement (Atlantic Coast Entertainment Holdings Inc), Registration Rights Agreement (Atlantic Coast Entertainment Holdings Inc)
Representations and Warranties of the Holders. Each Holder Holder, for itself only represents and warrants, severally and not jointly, to the Company as followsthat:
Appears in 3 contracts
Samples: Exchange Agreement (NXT-Id, Inc.), Exchange Agreement (Intercloud Systems, Inc.), Exchange Agreement (NXT-Id, Inc.)
Representations and Warranties of the Holders. Each Holder represents and warrantsof the Holders, severally and not jointly, hereby represents and warrants to the Company as follows:
Appears in 3 contracts
Samples: Conversion Agreement (Arno Therapeutics, Inc), Exchange Agreement (Level 8 Systems Inc), Exchange Agreement (Healthaxis Inc)
Representations and Warranties of the Holders. Each Holder represents and warrantsof the Holders hereby, severally and not jointly, represents and warrants to the Company as followsthat:
Appears in 3 contracts
Samples: January Bridge Note Conversion and Warrant Purchase Agreement (Intraop Medical Corp), Company Warrant Repricing Agreement (Intraop Medical Corp), Insider Indebtedness (Intraop Medical Corp)
Representations and Warranties of the Holders. Each Holder represents and warrantsof the Holders, severally and but not jointly, represents and warrants to the Company as follows:
Appears in 2 contracts
Samples: Exchange Agreement (P Com Inc), Note Repurchase Agreement (P Com Inc)
Representations and Warranties of the Holders. Each Holder represents and warrantshereby severally, severally and not jointly, represents and warrants to the Company as follows:
Appears in 2 contracts
Samples: Exchange Agreement (Caprius Inc), And Conversion Agreement (Caprius Inc)
Representations and Warranties of the Holders. Each Holder represents and warrantsof the Holders hereby severally, severally and not jointly, represents and warrants to the Company as followsthat:
Appears in 2 contracts
Samples: Exchange and Amendatory Agreement (China Networks International Holdings LTD), Restructuring Agreement (Personnel Group of America Inc)
Representations and Warranties of the Holders. Each Holder represents and warrants, severally and but not jointly, to the Company as follows:
Appears in 2 contracts
Samples: Debt Exchange Agreement (Asian Alliance Ventures Inc), Preferred Stock Agreement (Spatializer Audio Laboratories Inc)
Representations and Warranties of the Holders. Each Holder represents and warrantsHolder, severally and not jointly, hereby represents and warrants to the Company as follows:
Appears in 2 contracts
Samples: Fee Conversion and Settlement Agreement (Blast Energy Services, Inc.), Amendment and Exercise Agreement (Stinger Systems, Inc)
Representations and Warranties of the Holders. Each Holder represents and warrantsHolder,severally, severally and not jointly, represents and warrants to the Company as followsthat:
Appears in 1 contract
Samples: Recapitalization and Exchange Agreement (Interliant Inc)
Representations and Warranties of the Holders. Each Holder represents and warrantsHolder, severally and but not jointly, represents and warrants to the Company as follows:
Appears in 1 contract
Representations and Warranties of the Holders. Each Holder represents of the Holders, jointly and warrantsseverally, severally makes the following representations and not jointly, warranties to the Company as followsCompany:
Appears in 1 contract
Representations and Warranties of the Holders. Each Holder hereby represents and warrantswarrants to the Company, severally and not jointly, to the Company as followsthat:
Appears in 1 contract
Samples: Series a Preferred Stock Repurchase and Exchange Agreement (Eastman Kodak Co)
Representations and Warranties of the Holders. Each Holder jointly and severally represents and warrants, severally and not jointly, warrants to the Company as follows:
Appears in 1 contract
Samples: Debt Exchange and Preferred Stock Conversion Agreement (Frederick's of Hollywood Group Inc /Ny/)
Representations and Warranties of the Holders. Each Holder represents and warrantsof the Holders, severally and not jointly, represents and warrants to the Company as follows:
Appears in 1 contract
Samples: Exchange Agreement (United Surgical Partners International Inc)
Representations and Warranties of the Holders. Each Holder of the Holders hereby represents and warrants, severally and not jointly, to the Company Companies as follows:
Appears in 1 contract
Samples: Securities Exchange Agreement (Teleglobe International Holdings LTD)
Representations and Warranties of the Holders. Each Holder represents and warrants, severally and not jointly, to the Company as followsthat:
Appears in 1 contract
Samples: Agreement (Intercloud Systems, Inc.)
