Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 37 contracts
Samples: Private Equity Line Agreement (Fonix Corp), Credit Agreement (Staruni Corp), Fourth Private Equity Line Agreement (Fonix Corp)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 21 contracts
Samples: Credit Agreement (Xybernaut Corp), Credit Agreement (Select Media Communications Inc), Credit Agreement (Worldwide Petromoly Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "CertificateCERTIFICATE"), and the Company's By-Laws, as amended and in effect on the date hereof (the "ByBY-LawsLAWS").
Appears in 19 contracts
Samples: Private Equity Credit Agreement (Greens Worldwide Inc), Equity Credit Agreement (Spatialight Inc), Fourth Private Equity Credit Agreement (Imaging Diagnostic Systems Inc /Fl/)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "CertificateArticles"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 14 contracts
Samples: Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Common Stock and Warrant Purchase Agreement (Vitro Diagnostics Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's ’s Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"“CERTIFICATE”), and the Company's ’s By-Laws, as amended and in effect on the date hereof (the "By“BY-Laws"LAWS”).
Appears in 8 contracts
Samples: Equity Credit Agreement (Imaging Diagnostic Systems Inc /Fl/), Private Equity Credit Agreement (Imaging Diagnostic Systems Inc /Fl/), Private Equity Credit Agreement (Global Matrechs, Inc.)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Restated Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate")hereof, and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws")hereof.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificatethe"CERTIFICATE"), and the Company's By-Laws, as amended and in effect on the date hereof (the "ByBY-LawsLAWS").
Appears in 6 contracts
Samples: Private Equity Credit Agreement (Esat Inc), Private Equity Credit Agreement (Imaging Diagnostic Systems Inc /Fl/), Private Equity Credit Agreement (NCT Group Inc)
Corporate Documents. The Company has furnished or made ------------------- available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate")hereof, and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 5 contracts
Samples: Escrow Agreement (Sonic Solutions/Ca/), Stock Purchase Agreement (Sonic Solutions/Ca/), Stock Purchase Agreement (Sonic Solutions/Ca/)
Corporate Documents. The Company has furnished or made available to the Investor Holder true and correct copies of the Company's Certificate of Incorporation, Incorporation as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 5 contracts
Samples: Convertible Securities Exchange Agreement (Zycad Corp), Convertible Securities Exchange Agreement (Zycad Corp), Convertible Securities Exchange Agreement (Zycad Corp)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "CertificateCERTIFICATE"), and the Company's By-Laws, as amended and in effect on the date hereof (the "ByBY-LawsLAWS").
Appears in 4 contracts
Samples: Private Equity Credit Agreement (Microware Systems Corp), Private Equity Credit Agreement (Netgateway Inc), Private Equity Credit Agreement (Emps Research Corp)
Corporate Documents. The Company has furnished or made available to each of the Investor Investors true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 4 contracts
Samples: Series E Convertible Preferred Stock Subscription Agreement (Objectsoft Corp), Convertible Preferred Stock Subscription Agreement (Objectsoft Corp), Preferred Stock Subscription Agreement (Objectsoft Corp)
Corporate Documents. The Company has furnished or made ------------------- available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Econnect), Credit Agreement (Advanced Aerodynamics & Structures Inc/), Common Stock Purchase Agreement (Econnect)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Lawslaws").
Appears in 3 contracts
Samples: Equity Credit Agreement (Sauer Energy, Inc.), Equity Credit Agreement (Internal Fixation Systems, Inc.), Equity Credit Agreement (ProText Mobility, Inc.)
Corporate Documents. The Company has furnished or made -------------------- available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 2 contracts
Samples: Securities Purchase Agreement (Integral Technologies Inc /Cn/), Securities Purchase Agreement (Integral Technologies Inc /Cn/)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 2 contracts
Samples: Private Equity Credit Agreement (Bioshield Technologies Inc), Private Equity Credit Agreement (Bioshield Technologies Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and Certificate"),and the Company's By-Laws, as amended and in effect on the date hereof (the "Bythe"By-Laws").
Appears in 2 contracts
Samples: Stock Purchase Agreement (Integrated Technology Group), Stock Purchase Agreement (American Water Star Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").and
Appears in 2 contracts
Samples: Flexible Financing Agreement (Connetics Corp), Flexible Financing Agreement (Connective Therapeutics Inc)
Corporate Documents. The Company has furnished or made ------------------- available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-By- Laws").
Appears in 2 contracts
Samples: Credit Agreement (Team Communications Group Inc), Credit Agreement (Sonic Solutions/Ca/)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate")hereof, and the Company's Byby-Lawslaws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (D G Jewellery of Canada LTD), Registration Rights Agreement (Pharmos Corp)
Corporate Documents. The Company has furnished or made available to each of the Investor Investors true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate")hereof, and the Company's Byby-Lawslaws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Wordcruncher Internet Technologies), Common Stock Purchase Agreement (Waverider Communications Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").,
Appears in 2 contracts
Samples: Investment Agreement (Penederm Inc), Investment Agreement (Penederm Inc)
Corporate Documents. The Company has furnished or made available to the Investor Subscribers true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "CertificateCertificate of Incorporation"), and the Company's By-Lawsbylaws, as amended and in effect on the date hereof (the "By-LawsBylaws"). The Certificate of Incorporation and Bylaws are in full force and effect as of the Closing Date, without change or amendment.
Appears in 2 contracts
Samples: Common Stock Subscription Agreement (Spatializer Audio Laboratories Inc), Registration Rights Agreement (Spatializer Audio Laboratories Inc)
Corporate Documents. The Company has furnished or made --------------------- available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 2 contracts
Samples: Credit Agreement (Staruni Corp), Credit Agreement (Staruni Corp)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, Incorporation as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 2 contracts
Samples: Conversion and Exchange Agreement (Geotek Communications Inc), Conversion and Exchange Agreement (Geotek Communications Inc)
Corporate Documents. The Company has furnished or made available to the Investor Subscriber true and correct copies of the Company's Certificate of Incorporation, Incorporation as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, Laws as amended and in effect on the date hereof (the "By-Laws").
Appears in 2 contracts
Samples: Subscription Agreement (Oncor Inc), Subscription Agreement (Oncor Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's Amended and Restated By-Laws, as so amended and restated and in effect on the date hereof (the "By-Laws").
Appears in 1 contract
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "CertificateCERTIFICATE"), and the Company's By-Laws, as amended and in effect on the date hereof (the "ByBY-LawsLAWS").. 15
Appears in 1 contract
Samples: Private Equity Credit Agreement (Global Matrechs, Inc.)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate ’s Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"“Articles”), and the Company's ’s By-Laws, as amended and in effect on the date hereof (the "“By-Laws"”).
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Global Casinos Inc)
Corporate Documents. The Company has furnished or made ------------------- available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and Certificate"),and the Company's By-Laws, as amended and in effect on the date hereof (the "Bythe"By-Laws").
Appears in 1 contract
Samples: Stock Purchase Agreement (Cbcom Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-By- Laws").
Appears in 1 contract
Samples: Private Equity Line of Credit Agreement (Borough Corp)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's ’s Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"“CERTIFICATE”), and the Company's By-Laws’s Bylaws, as amended and in effect on the date hereof (the "By-Laws"“BY LAWS”).
Appears in 1 contract
Samples: Private Equity Credit Agreement (Large Scale Biology Corp)
Corporate Documents. The Company has furnished or made ------------------- available to the Investor true and correct copies of the Company's Certificate of Incorporationincorporation, as amended and in effect on the date hereof (the "CertificateCertificate of Incorporation"), and the Company's By-Lawsbylaws, as amended and in effect on the date hereof (the "By-LawsByLaws").
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Imaginon Inc /De/)
Corporate Documents. The Company has furnished or made available to the Investor Investors true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 1 contract
Corporate Documents. The Company has furnished or made available to the Investor Subscriber true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 1 contract
Samples: Subscription Agreement (Palomar Medical Technologies Inc)
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's ’s Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"“CERTIFICATE”), and the Company's By-Laws’s Bylaws, as amended and in effect on the date hereof (the "By-Laws"“BYLAWS”).
Appears in 1 contract
Samples: Private Equity Credit Agreement (Eagle Broadband Inc)
Corporate Documents. The Company has furnished or made available to each of the Investor Investors true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 1 contract
Samples: Private Equity (Objectsoft Corp)
Corporate Documents. The Company has furnished or made available to ------------------- the Investor Subscriber true and correct copies of the Company's Certificate of Incorporation, Incorporation as amended and in effect on the date hereof (the "Certificate"), ----------- and the Company's By-Laws, Laws as amended and in effect on the date hereof (the "By-Laws").. -------
Appears in 1 contract
Samples: Convertible Securities (Borland International Inc /De/)
Corporate Documents. The Company has furnished finished or made available to the Investor true and correct copies of the Company's Certificate Articles of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 1 contract
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and in effect on the date hereof (the "Certificate"), and the Company's By-Laws, as amended and in effect on the date hereof (the "By-Laws").
Appears in 1 contract
Corporate Documents. The Company has furnished or made available to the Investor true and correct copies of the Company's ’s Certificate of Incorporation, as amended and in effect on the date hereof (the "“Certificate"”), and the Company's ’s By-Laws, as amended and in effect on the date hereof (the "“By-Laws"laws”).
Appears in 1 contract
Samples: Private Equity Credit Agreement (Skybridge Wireless Inc)
