Affirmation of Prior Representations and Warranties. Except as set forth on Schedule 3(d) hereto, the Company hereby represents and warrants to each Purchaser that the Company’s representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof.
Affirmation of Prior Representations and Warranties. Such New Purchaser hereby represents and warrants to the Company that its representations and warranties listed in Section 3.2 of the Purchase Agreement are true and correct as of the date hereof.
Affirmation of Prior Representations and Warranties. The Company hereby represents and warrants to each New Purchaser that the Company’s representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof, provided that the Company’s representation in Section 3.1(h) of the Purchase Agreement is qualified by the Company’s late filing of the 2006 Form 10-KSB on October 10, 2006.
Affirmation of Prior Representations and Warranties. Except as set forth in the SEC Reports, the Company hereby represents and warrants to the Holder that the Company’s representations and warranties set forth in each of the documents executed by the Company in connection with the Transaction Documents are true and correct as of the date hereof.
Affirmation of Prior Representations and Warranties. Such Holder hereby represents and warrants to the Company that its representations and warranties listed in Section 3.2 of the applicable Purchase Agreement are true and correct as of the date hereof.
Affirmation of Prior Representations and Warranties. Except as set forth under the corresponding section of the disclosure schedules attached to the Purchase Agreement and except as set forth on Schedule 9(iii) attached hereto and as reflected in the Company’s filings with the Commission since the issuance of the Debentures, if any, all representations and warranties of the Company contained in the Purchase Agreement were true and correct when made and remain true and correct as of the date hereof, as though made at and as of the date hereof. Except as set forth herein or on Schedule 9(iii) attached hereto or otherwise previously waived by the Purchasers, the Company has performed all of the material covenants of the Company contained in the applicable Transaction Documents to be performed by the Company through the date hereof.
Affirmation of Prior Representations and Warranties. The Company’s representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof, provided that the Company’s representations and warranties are qualified by any SEC Filings made prior to the date hereof.
Affirmation of Prior Representations and Warranties. Such Secured Party hereby represents and warrants to the Company that its representations and warranties listed in Section 3.2 of the Purchase Agreement are true and correct as of the date hereof.
Affirmation of Prior Representations and Warranties. Except as disclosed in the SEC Reports and except for the first two and fourth sentences of Section 3.1(g) and the entirety of Section 3.1(aa) (which speak as of the date of the Purchase Agreement), the Company hereby represents and warrants to the Holders that the Company’s representations and warranties set forth in each of the documents executed by the Company in connection with the Transaction Documents are materially true and correct as of the date hereof.
Affirmation of Prior Representations and Warranties. The Company hereby represents and warrants to each New Purchaser that the Company's representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof, provided that the Company's representation in Section 3.1(h) of the Purchase Agreement is hereby qualified by the Company's failure to timely file the 2006 Form 10-KSB; provided, however, that the Company hereby acknowledges that a failure by the Company to file the 2006 Form 10-KSB on or before October 10, 2006 shall constitute a breach of the representation and warranty contained in such Section 3.1(h).
