Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 4 contracts
Sources: Securities Purchase Agreement (Cabletron Systems Inc), Securities Purchase Agreement (Aprisma Management Technologies Inc), Securities Purchase Agreement (Riverstone Networks Inc)
Representations and Warranties of the Investors. Each Investor hereby Investor, severally and not jointly and severally, represents and warrants to the Company, severally with respect solely to itself (Company at and not jointly with the other Investors), as of the date hereof and also at and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 4 contracts
Sources: Investment and Recapitalization Agreement (O'Gara Group, Inc.), Investment Agreement (O'Gara Group, Inc.), Investment and Recapitalization Agreement (O'Gara Group, Inc.)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company, severally with Company in respect solely to itself (and not jointly with the other Investors)of itself, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)hereunder, as follows:
Appears in 4 contracts
Sources: Series C 1 Preferred Share Purchase Agreement (NetQin Mobile Inc.), Series C Preferred Share Purchase Agreement (NetQin Mobile Inc.), Series C 1 Preferred Share Purchase Agreement (NetQin Mobile Inc.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as follows:
Appears in 3 contracts
Sources: Investment Agreement (Hexcel Corp /De/), Agreement (Goldman Sachs Group Inc), Investment Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Date, as follows:
Appears in 2 contracts
Sources: Series B Convertible Preferred Stock Purchase Agreement (Mindleaders Com Inc), Series B Convertible Preferred Stock Purchase Agreement (Dpec Inc)
Representations and Warranties of the Investors. Each Investor Investor, as to those representations and warranties that are applicable to such Investor, hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as follows:
Appears in 2 contracts
Sources: 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 (with respect to itself only) hereby represents and warrants to the Company, severally with respect solely to itself (Company and not jointly agrees with the other Investors)Company that, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsExecution Date:
Appears in 2 contracts
Sources: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (VeriChip CORP)
Representations and Warranties of the Investors. Each Investor Investor, as to those representations and warranties that are applicable to each such Investor, hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as follows:
Appears in 2 contracts
Sources: 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 hereby Investor, severally and not jointly, represents and warrants to the Company, severally with respect solely as to itself (and not jointly with the other Investors)such Investor, that as of at the date hereof given above and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 2 contracts
Sources: Securities Purchase Agreement (Olympus Pacific Minerals Inc), Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants warrants, severally and not jointly, to the Company, severally with respect solely to itself (Company on and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 2 contracts
Sources: Investor's Rights Agreement (Apax Europe VI-1 LP), Investor's Rights Agreement (SouFun Holdings LTD)
Representations and Warranties of the Investors. Each Investor hereby of the Investors severally, and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 2 contracts
Sources: Convertible Preferred Stock Purchase Agreement (Capella Education Co), Stock Purchase Agreement (Capella Education Co)
Representations and Warranties of the Investors. Each Investor hereby hereby, severally and not jointly, represents and warrants to the Company, severally with respect solely to itself (Company the following statements on and not jointly with the other Investors), as of after the date hereof and as of until the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 2 contracts
Sources: Warrant Subscription Agreement (XCHG LTD), Warrant Subscription Agreement (XCHG LTD)
Representations and Warranties of the Investors. Each Investor hereby Investor, severally and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Standby Closing Date (except after giving effect to the extent otherwise expressly stated herein)transactions contemplated hereby, as followsthat:
Appears in 1 contract
Sources: Standby Purchase Agreement (Interpace Biosciences, Inc.)
Representations and Warranties of the Investors. Each Investor hereby Investor, separately and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Sources: Investment Agreement (American Natural Energy Corp)
Representations and Warranties of the Investors. Each Investor hereby Investor, in connection with purchases of Membership Interests hereunder, severally but not jointly, represents and warrants solely with respect to itself to the Company, severally with respect solely Company and to itself (and not jointly with the other Investors), as of the date hereof and Investors as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 1 contract
Sources: Subscription Agreement (Ensource Energy Income Fund LP)
Representations and Warranties of the Investors. Each Investor of the Investors, severally (as to itself) and not jointly, hereby represents makes the following representations and warrants warranties to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of on the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Convertible Debenture Purchase Agreement (Cygnus Inc /De/)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants as to itself only as of the date hereof, severally and not jointly, to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:set forth below.
Appears in 1 contract
Sources: Backstop Conversion Commitment Agreement (Global Geophysical Services Inc)
Representations and Warranties of the Investors. Each Investor Investor, severally for itself and not jointly with the other Investors hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of Company on the date hereof and as of on the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor of the Investors hereby independently and separately, but not jointly, represents and warrants to the Company, severally Company merely with respect solely to itself (and not jointly with the other Investors), as follows as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Series a Share Purchase Agreement (NaaS Technology Inc.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Sources: Purchase Agreement (Solarfun Power Holdings Co., Ltd.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (only, severally and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Date, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor hereby of the Investors (on behalf of itself), severally and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)Corporation as follows, as of the date hereof and as of the each Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Purchase Agreement (Priority Technology Holdings, Inc.)
Representations and Warranties of the Investors. Each Investor Investor, severally and not jointly, hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)hereunder, as follows:to itself only that the following representations and warranties are true, accurate and complete.
Appears in 1 contract
Sources: Series C Preferred Share Subscription Agreement (Xunlei LTD)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants warrants, only with respect to itself, severally and not jointly, to the Company, severally with respect solely to itself (and not jointly with the other Investors), Representing Persons as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor hereby severally, and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 1 contract
Sources: Subscription Agreement (TNPC Inc)
Representations and Warranties of the Investors. Each Investor hereby Investor, on a several and not joint basis, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as follows as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Warrant Recapitalization Agreement (Halsey Drug Co Inc/New)
Representations and Warranties of the Investors. Each Investor hereby Investor, severally and not jointly, represents and warrants to the Company, severally with respect Company solely as to itself (and not jointly with the other Investors), such Investor that as of at the date hereof given above and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Representations and Warranties of the Investors. Each Investor Investor, severally (and not jointly and severally), hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and Company as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor of Investors, severally and not jointly, hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of Company that on the date hereof and as of the Closing Date (except to Date, as though made at the extent otherwise expressly stated herein)Closing Date, as follows:
Appears in 1 contract
Sources: Purchase Agreement (Lumenis LTD)
Representations and Warranties of the Investors. Each Investor hereby Investor, severally and not jointly, as to itself, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of on the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Sources: Exchange and Recapitalization Agreement (SAVVIS, Inc.)
Representations and Warranties of the Investors. Each Investor Investor, severally and not jointly, hereby represents and warrants to the Company, severally with respect solely as follows as to itself (only and not jointly with the as to any other Investors)Investor, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Securities Purchase Agreement (Republic Companies Group, Inc.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants warrants, severally and not jointly, to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Sources: Series C Preferred Share Subscription Agreement (7 Days Group Holdings LTD)
Representations and Warranties of the Investors. Each Investor of the Investors hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the respect to any other Investors)Investor, as follows as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Cinedigm Digital Cinema Corp.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to of the CompanyInvestors, severally with respect solely (as to itself (itself) and not jointly with hereby makes the other Investors), following representations and warranties to the Company as of the date hereof and as of on the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Sources: Convertible Debenture Purchase Agreement (Worldpages Com Inc)
Representations and Warranties of the Investors. Each Investor hereby hereby, severally and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date in which such Investor purchases Units hereunder (except to for the extent otherwise expressly stated hereinrepresentations and warranties that speak as of a specific date, which shall be made as of such date), as follows:
Appears in 1 contract
Sources: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Representations and Warranties of the Investors. Each Investor hereby severally represents and warrants (as to itself, himself or herself only) to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)each Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the CompanyGroup Companies, severally with in respect solely to itself (and not jointly with the other Investors)of itself, as of the date hereof hereof, severally and as of the Closing Date (except to the extent otherwise expressly stated herein)not jointly, as follows:
Appears in 1 contract
Sources: Option and Series D+ Preference Shares Purchase Agreement (LinkDoc Technology LTD)
Representations and Warranties of the Investors. Each Investor hereby hereby, severally and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to for the extent otherwise expressly stated herein)representations and warranties that speak as of a specific date, which shall be made as of such date) as follows:
Appears in 1 contract
Sources: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly and with the other Investors)respect to itself only, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as followsthat:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor Investor, on a several basis, hereby represents and warrants to the Company, severally with respect solely Company as to itself (and not jointly with the other Investors)such Investor that, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract