Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (a) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (b) that are qualified by “materiality” shall be true and correct as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.
Appears in 112 contracts
Samples: Securities Purchase Agreement (Lotus Technology Inc.), Common Stock Purchase Agreement (Thunder Power Holdings, Inc.), Common Stock Purchase Agreement (Windtree Therapeutics Inc /De/)
Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (a) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Commencement Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (b) that are qualified by “materiality” shall be true and correct as of the Closing Commencement Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Eagle Point Income Co Inc.), Common Stock Purchase Agreement (Boxed, Inc.), Common Shares Purchase Agreement (Roivant Sciences Ltd.)
Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (a) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Date, except to the extent such representations and warranties are explicitly as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (b) that are qualified by “materiality” shall be true and correct as of the Closing Date, except to the extent such representations and warranties are explicitly as of another date, in which case, such representations and warranties shall be true and correct as of such other date.
Appears in 2 contracts
Samples: Chef Purchase Agreement (Senti Biosciences, Inc.), Chef Purchase Agreement (Senti Biosciences, Inc.)
Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor investor contained in this Agreement (a) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (b) that are qualified by “materiality” shall be true and correct as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (ARYx Therapeutics, Inc.)
Accuracy of the Investor’s Representations and Warranties. The representations and warranties of each of the Investor Investors contained in this Agreement (a) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (b) that are qualified by “materiality” shall be true and correct as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Liquidmetal Technologies Inc)
Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ai) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (bii) that are qualified by “materiality” shall be true and correct as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.
Appears in 1 contract
Samples: Ordinary Shares Purchase Agreement (Pagaya Technologies Ltd.)
Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement Agreement: (ai) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date date; and (bii) that are qualified by “materiality” shall be true and correct as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Inspire Veterinary Partners, Inc.)
Accuracy of the Investor’s Representations and Warranties. The It shall be a condition precedent to the obligation of the Company that the representations and warranties of the Investor contained in this Agreement (ai) that are not qualified by “materiality” shall be true and correct in all material respects as of the Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (bii) that are qualified by “materiality” shall be true and correct as of the date of such Closing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date. By virtue of its consummation of a Closing, the Investor shall be deemed to have delivered to the Investor its certificate stating that its representations and warranties contained in this Agreement are true and correct on such Closing Date as specified in the previous sentence.
Appears in 1 contract
