Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 25 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Regen Biologics Inc), Series C Convertible Preferred Stock Purchase Agreement (Regen Biologics Inc), Common Stock Purchase Agreement (Regen Biologics Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 4 shall be true and complete on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Changing World Technologies, Inc.), Series C Convertible Preferred Stock Purchase Agreement (Audible Inc), Series a Convertible Preferred Stock Purchase Agreement (Inphonic Inc)
Accuracy of Representations and Warranties. Each representation ------------------------------------------ and warranty contained in Section 3 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Netrix Corp), Common Stock Purchase Agreement (Netrix Corp), Series a Preferred Stock Purchase Agreement (Zhone Technologies Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true and correct on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 4 contracts
Samples: Subscription, Sale and Purchase Agreement (NxStage Medical, Inc.), Stock Purchase Agreement (Aspect Medical Systems Inc), Stock Purchase Agreement (Aspect Medical Systems Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true and complete on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Changing World Technologies, Inc.), Series a Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Series a Convertible Preferred Stock Purchase Agreement (Power Efficiency Corp)
Accuracy of Representations and Warranties. Each representation and warranty of the Company contained in Section 3 shall be true and complete on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 3 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Audible Inc), Series B Convertible Preferred Stock Purchase Agreement (Audible Inc), Series C Convertible Preferred Stock Purchase Agreement (Audible Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 Article III shall be true on and as of each of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 2 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct), Series C Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the First Closing Date with the same effect as though such representation and warranty had been made on and as of that datesuch date (except representations and warranties, if any, which speak as of a date certain, which shall be true and correct as of such date on the First Closing Date).
Appears in 2 contracts
Samples: Securities Purchase Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section Sections 3 and 4 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Enterworks Inc), Note Purchase Agreement (North American Scientific Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section Sections 3 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 2 contracts
Samples: Series a Redeemable Preferred Stock Subscription Agreement, Subscription Agreement (Harken Energy Corp)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section part 3 shall be true on at and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that datethe date of the Closing.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Monitronics International Inc), Series B Preferred Stock and Warrant Purchase Agreement (Monitronics International Inc)
Accuracy of Representations and Warranties. Each representation ------------------------------------------ and warranty contained in Section 3 shall be true on and as of the respective Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Cmgi Inc)
Accuracy of Representations and Warranties. Each representation ------------------------------------------ and warranty contained in in, or incorporated by reference in, Section 3 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series B Non Voting Common Stock Purchase Agreement (Entrust Technologies Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true and correct in all material respects on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date (except for representations and warranties made as of a specific date, which shall be true and correct as of such date).
Appears in 1 contract
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the First Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series F Subscription Agreement (Edison Schools Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 Articles III, IV, V and VI shall be true and correct on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Stock Purchase Agreement (NHP Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section Sections 3 and 5.B shall be true on at and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that datethe date of the Closing.
Appears in 1 contract
Accuracy of Representations and Warranties. Each representation ------------------------------------------ and warranty contained in Section 3 shall be true and correct in all material respects on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (C-Bridge Internet Solutions Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 of this Agreement shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Peritus Software Services Inc)
Accuracy of Representations and Warranties. Each ------------------------------------------ representation and warranty contained in Section 3 shall be true and correct in all material respects on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date (except for representations and warranties made as of a specific date, which shall be true and correct as of such date).
Appears in 1 contract
Accuracy of Representations and Warranties. Each representation The representations and warranty warranties contained in Section 3 shall be true on at and as of the Closing Date with the same effect as though such representation representations and warranty warranties had been made on and as of that datethe date of the Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Sinclair Broadcast Group Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the such Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date, and the Company shall have complied with each covenant to be performed by it on or prior to the Closing Date.
Appears in 1 contract
Samples: Series B Convertible Participating Preferred Stock Purchase Agreement (Netgear Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained set forth in Section 2.1 and ARTICLE 3 shall be true in all material respects on and as of the Closing Date Date, except those with the same effect as though such representation and warranty had been respect to which are made on and as of that a specified date.
Appears in 1 contract
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true in all material respects on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (GTC Biotherapeutics Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section Sections 3 and 4 of this Agreement shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Odyssey Marine Exploration Inc)
Accuracy of Representations and Warranties. Each representation and ------------------------------------------ warranty contained in Section Sections 3 and 4 of this Agreement shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Macdougald Family Lp)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date except for those representations and warranties that are given with respect to a specified date.
Appears in 1 contract
Samples: Series a 1 Convertible Preferred Stock Purchase Agreement (Intelligent Systems Corp)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section Sections 3 shall be true on and as of the Initial Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Microstrategy Inc)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the Initial Closing Date or any Subsequent Closing Date, as applicable, with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Sequoia Software Corp)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 shall be true on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that datethe Closing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Jaws Technologies Inc /Ny)
Accuracy of Representations and Warranties. Each representation and warranty contained in Section 3 herein and in any of the Related Agreements shall be true on and as of the date of such Closing Date with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Series J Convertible Preferred Stock Purchase Agreement (Viacell Inc)
Accuracy of Representations and Warranties. Each representation and ------------------------------------------ warranty contained in Section 3 Article III shall be true on and as of each of the Closing Date Dates with the same effect as though such representation and warranty had been made on and as of that date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Accent Software International LTD)
