Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 20 contracts
Samples: Subscription Agreement (Toro Corp.), Subscription Agreement (Toro Corp.), Share Purchase Agreement (Toro Corp.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company that as of the date hereof and as of the Closing Date as followsDate:
Appears in 8 contracts
Samples: Securities Purchase Agreement (Spectrum Pharmaceuticals Inc), Subscription Agreement (ES Bancshares, Inc.), Subscription Agreement (ES Bancshares, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 7 contracts
Samples: Subscription Agreement (Athene Holding LTD), Subscription Agreement (Athene Holding LTD), Subscription Agreement (Athene Holding LTD)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company that, as of the date hereof and as of the Closing Date as followsExecution Date:
Appears in 6 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement (Synthetic Blood International Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof of this Agreement and as of the Closing Date as follows:
Appears in 5 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Nektar Therapeutics), Share Subscription Agreement (Ma Kevin Xiaofeng)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof follows, on and as of the date of this Agreement and as of the Investment Closing Date as followsDate:
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi), Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi), Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company and agrees with the Company that, as of the date hereof and as of the Closing Date as followsExecution Date:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc), Note Purchase Agreement (Ener1 Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company and agrees with the Company that, as of the date hereof Execution Date and as of the Closing Date as followsDate:
Appears in 5 contracts
Samples: Securities Purchase Agreement (CYREN Ltd.), Securities Purchase Agreement (WP XII Investments B.V.), Securities Purchase Agreement (Igp Digital Interaction L.P.)
Representations and Warranties of the Investor. The Investor represents and warrants the following to the Company Corporation as of the date hereof and as of the Closing Date as followsdate of the Closing:
Appears in 5 contracts
Samples: Subscription Agreement (Forum Energy Technologies, Inc.), Subscription Agreement (Forum Energy Technologies, Inc.), Subscription Agreement (Forum Energy Technologies, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Macrogenics Inc), Securities Purchase Agreement (Hale Martin M Jr), Securities Purchase Agreement (Top Image Systems LTD)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as followshereof:
Appears in 4 contracts
Samples: Amendment Agreement (Axis Technologies Group Inc), Amendment Agreement (Axis Technologies Group Inc), Amendment Agreement (Casita Enterprises, Inc.)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as follows as of the date hereof and as of the Closing Date as followsDate:
Appears in 4 contracts
Samples: Investor Rights Agreement (TCP-ASC ACHI Series LLLP), Preferred Stock Agreement (R1 RCM Inc.), Preferred Stock Recapitalization Agreement (Transmontaigne Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company and IFM Overseas on and as of the date hereof and as of the Closing Date as follows:
Appears in 3 contracts
Samples: Loan Agreement (SouFun Holdings LTD), ’s Rights Agreement (IFM Investments LTD), Investor’s Rights Agreement (SouFun Holdings LTD)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 2 contracts
Samples: Exchange Agreement (Alliance Data Systems Corp), Exchange Agreement (Superior Bancorp)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof hereof, the Acceptance Time and as of the Closing Date as followsthat:
Appears in 2 contracts
Samples: Transaction Agreement, Transaction Agreement (Foundation Medicine, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of that on the date hereof and as of the Closing Date Date, as though made at the Closing Date, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Rada Electronic Industries LTD), Form of Purchase Agreement (Lumenis LTD)
Representations and Warranties of the Investor. The Investor represents hereby makes the following representations and warrants warranties to the Company as of the date hereof Effective Date and as of the Closing Date as followsClosing:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Sibia Neurosciences Inc), Investor Rights Agreement (Cytel Corp/De)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Preferred Stock Purchase Agreement (Verticalbuyer Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the date of the First Closing Date as follows(and, to the extent expressly provided for herein, the Second Closing) that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Teligent Inc), Securities Purchase Agreement (Teligent Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to and agrees with, the Company as of the date hereof and as of the Closing Date as follows:
Appears in 2 contracts
Samples: Restructuring Agreement (Memc Electronic Materials Inc), Restructuring Agreement (Memc Electronic Materials Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the each Closing Date as followsthat:
Appears in 2 contracts
Samples: Convertible Preferred Stock and Common Stock Purchase Warrant Purchase Agreement (Intercallnet Inc), Convertible Preferred Stock and Common Stock Purchase Warrant Purchase Agreement (Stanford Venture Capital Holdings Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to to, and agrees with, the Company as of the date hereof and as of the Closing Date as follows:
Appears in 2 contracts
Samples: Investment Agreement (Great Western Land Recreation Inc), Investment Agreement (On Semiconductor Corp)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 2 contracts
Samples: Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD), Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the Closing Date as followsdate of the Closing, that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Williams Communications Group Inc), Securities Purchase Agreement (Williams Communications Group Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company and agrees with the Company that, as of the date hereof of this Agreement and as of the Closing Date as followsDate:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of follows on the date hereof and as of on the Closing Date as followsDate:
Appears in 2 contracts
Samples: Series a Preferred Shares Subscription Agreement (Ninetowns Internet Technology Group Co LTD), Preferred Shares Subscription Agreement (Ninetowns Internet Technology Group Co LTD)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company that, as of the date hereof and as of the Closing Date (except for the representations and warranties that speak as follows:of a specific date, which shall be made as of such date):
Appears in 2 contracts
Samples: Share Subscription Agreement (Uxin LTD), Share Subscription Agreement (Eve One Fund II L.P.)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the date of the Closing Date as followsthat:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Williams Communications Group Inc), Securities Purchase Agreement (Williams Communications Group Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the Effective Date and the date hereof and as of the each Closing Date as follows:
Appears in 1 contract
Samples: Revenue Interest Financing Agreement (Chiasma, Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:: (a)
Appears in 1 contract
Samples: Execution Copy Note Purchase Agreement Note Purchase Agreement (Phunware, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof hereof, as of the Initial Closing Date, and as of the Additional Closing Date (as though made as of each such date) as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and that, as of the Closing Date (except for the representations and warranties that speak as follows:of a specific date, which shall be made as of such date):
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of on the date hereof and as of on the Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of at the date hereof Initial Closing Date and as of the at each Additional Closing Date as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Emerge Interactive Inc)
Representations and Warranties of the Investor. The Investor represents hereby makes the following representations and warrants warranties to the Company as of the date hereof and as of on the Closing Date as followsDate:
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (U S Plastic Lumber Corp)
Representations and Warranties of the Investor. The Investor represents and warrants the following to the Company Corporation as of the date hereof and as of the Closing Date as followsClosing:
Appears in 1 contract
Samples: Subscription Agreement (Forum Energy Technologies, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof hereof, as of the Funding Date, and as of the Closing Date date of any additional issuance of Senior Preferred Stock to the Investor pursuant to a Subsequent Closing, as follows:
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Dpec Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as follows as of the date hereof and as of the Closing Date as followsDate:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of on the date hereof and as of on the Relevant Closing Date as follows:
Appears in 1 contract
Samples: Subscription Agreement (Qatar Airways Investments (UK) Ltd.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as if made on the Closing Date as follows:
Appears in 1 contract
Samples: Investment Agreement (The9 LTD)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of that on the date hereof and as of the Closing Date as followsat each Closing:
Appears in 1 contract
Samples: Stock Purchase Agreement (Unimed Pharmaceuticals Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants the following to the Company Corporation as of the date hereof and as of the Closing Date as followsClosing:
Appears in 1 contract
Samples: Subscription Agreement (Forum Energy Technologies, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:that: Section 5.1
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company that as of at the date hereof given above and as of the Closing Date as followsDate:
Appears in 1 contract
Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Representations and Warranties of the Investor. The Investor represents hereby makes the following representations and warrants warranties to the Company as of the date hereof and as of hereof, the Closing Date as followsand the date of any Option Closing:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the Closing Date as followsDate, that:
Appears in 1 contract
Samples: Share Subscription Agreement (Tuspark Innovation Venture LTD)
Representations and Warranties of the Investor. The As of the date hereof and as of the First Closing Date, the Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 1 contract
Samples: Stockholders Agreement (Standard Pacific Corp /De/)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company and the Placement Agents as of the date hereof and as of the Closing Date as follows:set forth below.
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of on the date hereof and as of the Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as followsset forth below:
Appears in 1 contract
Samples: Securities Purchase Agreement (China Electronics Holdings, Inc.)
