Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in respect of itself, as of the date hereof and the Closing hereunder, as follows:
Appears in 4 contracts
Samples: Preferred Share Purchase Agreement (NetQin Mobile Inc.), Series C Preferred Share Purchase Agreement (NetQin Mobile Inc.), Preferred Share Purchase Agreement (NetQin Mobile Inc.)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in Company, severally with respect of itselfsolely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing hereunderDate (except to the extent otherwise expressly stated herein), as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Cabletron Systems Inc), Securities Purchase Agreement (Aprisma Management Technologies Inc), Securities Purchase Agreement (Aprisma Management Technologies Inc)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in respect of Company, solely as to itself, separately and not jointly, as of the date hereof and as of the Closing hereunderClosing, as follows:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Goldman Sachs Group Inc/), Stock Purchase Agreement (Hexcel Corp /De/), Stock Purchase Agreement (Hexcel Corp /De/)
Representations and Warranties of the Investors. Each Investor Investor, severally and not jointly and severally, but not jointly, hereby represents and warrants to the Company in respect of itself, as at and of the date hereof and also at and as of the Closing hereunder, as followsthat:
Appears in 4 contracts
Samples: Investment Agreement (O'Gara Group, Inc.), Shareholders Agreement (O'Gara Group, Inc.), Investment and Recapitalization Agreement (O'Gara Group, Inc.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants severally, but not jointly, hereby represents and warrants to the Company in respect of itselfthat, as of the date hereof and the Closing hereunder, as followseach Closing:
Appears in 4 contracts
Samples: Series D Preferred Stock Purchase Agreement (Regado Biosciences Inc), Series E Preferred Stock Purchase Agreement (Regado Biosciences Inc), Series E Preferred Stock Purchase Agreement (Regado Biosciences Inc)
Representations and Warranties of the Investors. Each Investor Investor, severally, but and not jointly, hereby represents and warrants to the Company in respect of itselfthat, as of the date hereof and of the Closing hereunder, as followsat which such Investor is making a Loan:
Appears in 3 contracts
Samples: Convertible Debt and Security Agreement (Beamz Interactive Inc), 2013 Convertible Debt and Security Agreement (Beamz Interactive Inc), Agreement (Beamz Interactive Inc)
Representations and Warranties of the Investors. Each Investor severallyhereby, but severally and not jointly, hereby represents and warrants to the Company in respect of itselfCompany, as of the date hereof and the Closing hereunderhereof, as to itself only, as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Interwest Partners Viii Lp), Securities Purchase Agreement (Anesiva, Inc.), Securities Purchase Agreement (Anesiva, Inc.)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in respect of itselfCompany, severally and not jointly, as of the date hereof and as of the Closing hereunderClosing, as follows:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Hexcel Corp /De/), Agreement (Goldman Sachs Group Inc), Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally and not jointly, hereby represents and warrants to the Company in respect of itselfCompany, solely as of to such Investor, that as at the date hereof given above and the Closing hereunder, as followsDate:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc), Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but not jointlyas to those representations and warranties that are applicable to each such Investor, hereby represents and warrants to the Company in respect of itselfCompany, severally and not jointly, as of the date hereof and as of the Closing hereunderClosing, as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Xo Communications Inc), Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally for itself, and not jointlyjointly with the other Investors, hereby represents and warrants to the Company in respect of itselfCompany, that as of the date hereof of this Agreement and as of the Closing hereunder, as followsDate:
Appears in 2 contracts
Samples: Stock Subscription and Registration Rights Agreement, Stock Subscription and Registration Rights Agreement (Peplin Inc)
Representations and Warranties of the Investors. Each Investor severally, of the Investors hereby severally but not jointly, hereby jointly represents and warrants to the Company in respect of itself, as of the date hereof of this Agreement and as of the Closing hereunder, as followsthat:
Appears in 2 contracts
Samples: Share Purchase Agreement (Suntech Power Holdings Co., Ltd.), Supplemental Agreement (LDK Solar Co., Ltd.)
Representations and Warranties of the Investors. Each Investor of the Investors severally, but and not jointly, hereby represents and warrants to the Company in respect of itself, as of the date hereof and as of the Closing hereunder, as follows:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Capella Education Co), Preferred Stock Purchase Agreement (Capella Education Co)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby of the Investors represents and warrants warrants, as to itself only, to the Company in respect of itselfCompany, at and as of the date hereof and the Closing hereunder, as followsthat:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Action Products International Inc), Securities Purchase Agreement (Solomon Technologies Inc)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in respect of itselfCompany, as of the date hereof and as of the Closing hereunderDate, as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Dpec Inc), Purchase Agreement (Mindleaders Com Inc)
Representations and Warranties of the Investors. Each Investor severallyhereby represents and warrants, but severally and not jointly, hereby represents and warrants to the Company in respect of itself, on and as of the date hereof and the Closing hereunder, Date as follows:
Appears in 2 contracts
Samples: S Rights Agreement (Apax Europe VI-1 LP), S Rights Agreement (SouFun Holdings LTD)
Representations and Warranties of the Investors. Each Investor Investor, severally, but and not jointly, hereby represents and warrants to the Company in respect of itselfthat, as of the date hereof and the Closing hereunder, as followshereof:
Appears in 2 contracts
Samples: Stock Purchase, Loan and Security Agreement (Beamz Interactive Inc), Purchase and Security Agreement (Beamz Interactive Inc)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but not jointlyas to those representations and warranties that are applicable to such Investor, hereby represents and warrants to the Company in respect of itselfCompany, severally and not jointly, as of the date hereof and as of the Closing hereunderClosing, as follows:
Appears in 2 contracts
Samples: Registration Rights Agreement (Xo Communications Inc), And Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally and not jointly, hereby as to itself, represents and warrants to the Company in respect of itself, as of the date hereof and on the Closing hereunder, Date as follows:
Appears in 2 contracts
Samples: Exchange and Recapitalization Agreement, Exchange and Recapitalization Agreement (SAVVIS, Inc.)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to and covenants and agrees with the Company in respect of itselfand Placement Agent, as of the date hereof and as of the Closing hereunderDate, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severallyrepresents and warrants, but only with respect to itself, severally and not jointly, hereby represents and warrants to the Company in respect of itself, Representing Persons as of the date hereof and as of the Closing hereunder, as followsDate that:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in respect of itselfCompany, severally and not jointly, as of the date hereof and as of the Closing hereunder, Date as follows:
Appears in 1 contract
Samples: Share Purchase Agreement (Solarfun Power Holdings Co., Ltd.)
Representations and Warranties of the Investors. Each Investor severallyhereby, but severally and not jointly, hereby represents and warrants to the Company in respect of itselfCompany, as of the date hereof and as of the Closing hereunder(except for the representations and warranties that speak as of a specific date, which shall be made as of such date) as follows:
Appears in 1 contract
Samples: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Representations and Warranties of the Investors. Each Investor Investor, severally, but and not jointly, hereby represents and warrants to the Company in respect of itselfthat, as of the date hereof and of the Initial Closing hereunder, as followsat which such Investor is making a Loan:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severallyof the Investors (on behalf of itself), but severally and not jointly, hereby represents and warrants to the Company in respect of itselfCorporation as follows, as of the date hereof and the as of each Closing hereunder, as followsDate:
Appears in 1 contract
Samples: Purchase Agreement (Priority Technology Holdings, Inc.)
Representations and Warranties of the Investors. Each Investor severallyhereby, but severally and not jointly, hereby represents and warrants to the Company in respect of itselfCompany, as of the date hereof and as of the Closing hereunderin which such Investor purchases Units hereunder (except for the representations and warranties that speak as of a specific date, which shall be made as of such date), as follows:
Appears in 1 contract
Samples: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Representations and Warranties of the Investors. Each Investor severallyof the Investors, but severally and not jointly, hereby represents and warrants to the Company in respect of itselfwarrants, as of the date hereof Effective Date and as of each Closing, to and for the Closing hereunderbenefit of the Company, as followswith knowledge that the Company is relying thereon in entering into this Agreement and issuing each Note and each Warrant to the Investors that:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (HTG Molecular Diagnostics, Inc)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in Company, severally and not jointly and with respect of itselfto itself only, as of the date hereof and as of the Closing hereunderClosing, as followsthat:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally and not jointly, hereby represents and warrants to the Company in respect of itself, solely as of to such Investor that as at the date hereof given above and the Closing hereunder, as followsDate:
Appears in 1 contract
Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally and not jointly, hereby represents and warrants to the Company in respect of itselfCompany, as of the date hereof and as of the Standby Closing hereunderDate after giving effect to the transactions contemplated hereby, as followsthat:
Appears in 1 contract
Samples: Standby Purchase Agreement (Interpace Biosciences, Inc.)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but not jointlyon a several basis, hereby represents and warrants to the Company in respect of itselfas to such Investor that, as of the date hereof and the Closing hereunder, as followsDate:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severallyInvestor, but on a several and not jointlyjoint basis, hereby represents and warrants to the Company in respect of itself, as follows as of the date hereof and as of the Closing hereunder, as followsDate:
Appears in 1 contract
Samples: Warrant Recapitalization Agreement (Halsey Drug Co Inc/New)
Representations and Warranties of the Investors. Each Investor severallyof the Investors, but severally and not jointly, hereby represents and warrants to the Company in respect of itself, as of the date hereof and the Closing hereunder, as followsDate that he:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Chesapeake Biological Laboratories Inc)
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally and not jointly, hereby represents and warrants as follows as to the Company in respect of itselfitself only and not as to any other Investor, as of the date hereof and as of the Closing hereunder, as followsDate:
Appears in 1 contract
Samples: Securities Purchase Agreement (Republic Companies Group, Inc.)
Representations and Warranties of the Investors. Each Investor severallyrepresents and warrants, but severally and not jointly, hereby represents and warrants to the Company in respect of itself, as of the date hereof and the Closing hereunder, as follows:
Appears in 1 contract
Samples: Series C Preferred Share Subscription Agreement (7 Days Group Holdings LTD)
Representations and Warranties of the Investors. Each Investor severally, but and not jointly, hereby represents and warrants to the Company in respect of itself, as of the date hereof and the Closing hereunder, as followsthat:
Appears in 1 contract
Samples: Subscription Agreement (TNPC Inc)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby severally represents and warrants (as to itself, himself or herself only) to the Company in respect of itselfCompany, as of the date hereof and the Closing hereunderas of each Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor Investor, severally (and not jointly and severally, but not jointly), hereby represents and warrants to the Company in respect of itself, as of the date hereof and the Closing hereunder, Date as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each The Investor severally, but not jointly, hereby represents jointly and warrants severally represent and warrant to the Company in respect of itself, as of follows on the date hereof and on the Closing hereunder, as followsDate:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally and not jointly, hereby represents and warrants to the Company, and acknowledges that the Company is entering into this Agreement in respect of itselfreliance thereon, as of the date hereof and as of the Closing hereunderClosing, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severallyInvestor, but severally and not jointly, hereby represents and warrants to the Company in respect of itselfCompany, as of the date hereof and the Closing hereunder, as follows:to itself only that the following representations and warranties are true, accurate and complete.
Appears in 1 contract
Samples: Series C Preferred Share Subscription Agreement (Xunlei LTD)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company Group Companies, in respect of itself, as of the date hereof hereof, severally and the Closing hereundernot jointly, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severally, but not jointly, of the Investors hereby represents and warrants to the Company in Company, with respect of itselfsolely to itself and not with respect to any other Investor, as follows as of the date hereof and as of the Closing hereunder, as followsDate:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cinedigm Digital Cinema Corp.)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents The Investors jointly and warrants severally represent and warrant to the Company in respect of itself, as of follows on the date hereof and on the Closing hereunder, as followsDate:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company in Company, with respect of itselfto itself only, severally and not jointly, as of the date hereof and as of the Closing hereunderDate, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor severallyof the Investors, but severally and not jointly, hereby represents and warrants to the Company in respect of itself, as of the date hereof and the Closing hereunder, Date as follows:
Appears in 1 contract
