Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 12 contracts
Samples: Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor hereby, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas of the date hereof and the Closing Date:
Appears in 6 contracts
Samples: Securities Purchase Agreement (CBAK Energy Technology, Inc.), Securities Purchase Agreement (China Bak Battery Inc), Securities Purchase Agreement (Sutor Technology Group LTD)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsInvestor, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Marinus Pharmaceuticals Inc), Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Biolase, Inc)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor, severally and not jointly, hereby represents and warrants to that as of the date hereof and covenants with as of the Company thatdate of the Closing:
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Endeavor Group Holdings, Inc.), Common Stock Purchase Agreement (Endeavor Group Holdings, Inc.), Common Stock Purchase Agreement (Asante Solutions, Inc.)
Representations and Warranties of the Investors. As Each Investor, severally and not jointly, represents and warrants to the Company, as of the date hereof and as of the ClosingClosing Date, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas follows:
Appears in 3 contracts
Samples: Investment Agreement (iQIYI, Inc.), Investment Agreement (Baidu, Inc.), Investment Agreement (Pacific Alliance Group LTD)
Representations and Warranties of the Investors. As Each of the date hereof Investors hereby severally, and not jointly, represents and warrants to the Company on and as of the ClosingSigning Date and on the applicable Closing Date, each of the Investors, severally knowing and not jointly, hereby represents and warrants to and covenants with intending that the Company rely thereon, that:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Representations and Warranties of the Investors. As The Investors, jointly and severally, hereby represent and warrant to the Company that as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.)
Representations and Warranties of the Investors. As Each Investor, jointly and severally, represents and warrants to the Company, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 3 contracts
Samples: Investment Agreement (Blackstone Tactical Opportunities Management Associates (Cayman) - NQ L.P.), Registration Rights Agreement (VNET Group, Inc.), Registration Rights Agreement (21Vianet Group, Inc.)
Representations and Warranties of the Investors. As Each Investor hereby, as to itself only and for no other Investor, represents and warrants to the Company as follows, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 3 contracts
Samples: Securities Purchase and Registration Rights Agreement (Majesco Entertainment Co), Securities Purchase and Registration Rights Agreement (Four Rivers Bioenergy Inc.), Securities Purchase and Registration Rights Agreement (Communication Intelligence Corp)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company that as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Inseego Corp.), Securities Purchase Agreement (Inseego Corp.), Securities Purchase Agreement (Inseego Corp.)
Representations and Warranties of the Investors. As Each Investor, severally and not jointly, represents and warrants to the Company, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 2 contracts
Samples: Investment Agreement (Centurium Capital Partners 2018, L.P.), Investment Agreement (Luckin Coffee Inc.)
Representations and Warranties of the Investors. As Each of the date hereof Investors hereby severally, and not jointly, represents and warrants to the Company on and as of the ClosingSigning Date and on the applicable Closing Date, each of the Investors, severally knowing and not jointly, hereby represents and warrants to and covenants with intending that the Company is relying thereon, that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cig Wireless Corp.), Purchase Agreement (Glycogenesys Inc)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each Each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas of the date hereof and as of the Closing Date as follows:
Appears in 2 contracts
Samples: Rights Agreement (Life Sciences Research Inc), Rights Agreement (Life Sciences Research Inc)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor, severally and but not jointly, hereby represents and warrants to and covenants with the Company as of the date of each Closing that:
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Vsource Inc), Convertible Preferred Stock Purchase Agreement (Vsource Inc)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants respective Closing Date to and covenants with the Company thatas follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Houston American Energy Corp), Securities Purchase Agreement (Houston American Energy Corp)
Representations and Warranties of the Investors. As of the date hereof Each Investor hereby represents and as of the Closing, each of the Investorswarrants, severally and not jointly, hereby represents and warrants as of the Initial Closing Date, to and covenants with the Company thatas follows:
Appears in 2 contracts
Samples: Series B Preferred Share Purchase Agreement (Entera Bio Ltd.), Series B Preferred Share Purchase Agreement (Entera Bio Ltd.)
Representations and Warranties of the Investors. As Each of the date hereof and as of the ClosingInvestors hereby severally, each of the Investors, severally and but not jointly, hereby represents and warrants to and covenants with the Company thatas of the Closing as follows:
Appears in 1 contract
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas of the date of the Closing, as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement
Representations and Warranties of the Investors. As Each of the date hereof and as of the Closing, each of the InvestorsInvestors , severally and not jointly, hereby represents and warrants to the Corporation that, as of the Execution Date and covenants with as of the Company thatClosing:
Appears in 1 contract
Samples: Preferred Stock Redemption Right Agreement (PowerFleet, Inc.)
Representations and Warranties of the Investors. As Each Investor hereby, for itself and for no other Investor, represents and warrants to the Company as follows, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Communication Intelligence Corp)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company as of the date hereof and as of the ClosingClosing Date, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 1 contract
Samples: Purchase Agreement (Caprius Inc)
Representations and Warranties of the Investors. As Each Investor severally and not jointly represents and warrants to the Company as follows as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Intek Information Inc)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company that, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 1 contract
Representations and Warranties of the Investors. As Each Investor hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing as follows:
Appears in 1 contract
Representations and Warranties of the Investors. As of the date hereof and as of Initial Closing or of the Additional Closing, as the case may be, each of the Investors, Investor severally as to itself and not jointly, jointly hereby represents and warrants to and covenants with the Company thatas follows:
Appears in 1 contract
Representations and Warranties of the Investors. As The Investors each hereby represent and warrant to the Company, on a several basis, as of the date hereof and as of the Closing and the Option Closing, each of the Investorsif applicable, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas follows:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Viskase Companies Inc)
Representations and Warranties of the Investors. As Each of the date hereof and as of the ClosingInvestors hereby severally, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that, as of the date of the Closing of such Investor’s purchase of Debentures hereunder:
Appears in 1 contract
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company as of the date hereof of this Agreement and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company Closing that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Eliem Therapeutics, Inc.)
Representations and Warranties of the Investors. As Each Investor hereby, for itself, severally and not jointly, represents and warrants to the Company as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants Closing Date to and covenants with the Company thatas follows:
Appears in 1 contract
Representations and Warranties of the Investors. As Each Investor, separately and not jointly, hereby represents and warrants to the Company that as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with acknowledges that the Company thatis entering into this Agreement in reliance thereon:
Appears in 1 contract
Representations and Warranties of the Investors. As of the date hereof and as of the ClosingThe Investors hereby ----------------------------------------------- severally, each of the Investors, severally and not jointly, hereby represents represent and warrants warrant to and covenants with the Company as to itself or himself that, as of the Closing Date:
Appears in 1 contract
Samples: Investor Securities Purchase Agreement (Muzak Holdings Finance Corp)
Representations and Warranties of the Investors. As Each Investor hereby represents and warrants, jointly and severally, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants Closing Date to and covenants with the Company thatas follows:
Appears in 1 contract
Representations and Warranties of the Investors. As Each Investor severally and not jointly hereby represents and warrants as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing as follows:
Appears in 1 contract
Representations and Warranties of the Investors. As Each Investor hereby, severally and not jointly, represents and warrants as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cohesion Technologies Inc)
Representations and Warranties of the Investors. As Each of the date hereof and as of the ClosingInvestors hereby severally, each of the Investors, severally and but not jointly, hereby represents and warrants to and covenants with the Company thatas of the Closing Date, as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Sorrento Therapeutics, Inc.)
