Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders to enter into the Transaction Documents and that the Lenders have entered into the Transaction Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 3 contracts
Samples: Exchange Agreement and Amendment to Facility Agreement (Kempharm, Inc), Facility Agreement (Kempharm, Inc), Facility Agreement (IMRIS Inc.)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders to enter into the Transaction Loan Documents and that the Lenders have entered into the Transaction Loan Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 3 contracts
Samples: Credit Facility Agreement (Fortress Biotech, Inc.), Credit Facility Agreement (Fortress Biotech, Inc.), Facility Agreement (Infinity Pharmaceuticals, Inc.)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders to enter into the Transaction Financing Documents and that the Lenders have entered into the Transaction Financing Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 2 contracts
Samples: Facility Agreement (MAKO Surgical Corp.), Facility Agreement (Arena Pharmaceuticals Inc)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders to enter into the Transaction Loan Documents and that the Lenders have entered into the Transaction Loan Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 2 contracts
Samples: Facility Agreement (Alphatec Holdings, Inc.), Facility Agreement (Alphatec Holdings, Inc.)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders Purchasers to enter into the Transaction Documents and that the Lenders Purchasers have entered into the Transaction Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 1 contract
Samples: Facility Agreement (Mannkind Corp)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading 3.1A to persuade the Lenders to enter into the Transaction Financing Documents and that the Lenders have entered into the Transaction Financing Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 1 contract
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders Purchasers to enter into the Transaction Financing Documents and that the Lenders Purchasers have entered into the Transaction Financing Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 1 contract
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders to enter into the Transaction Loan Documents and that the Lenders have entered into the Transaction Loan Documents on the basis of, and in full reliance on, each of such representations and warrantieswarranties and such representations and warranties shall survive the execution of this Agreement until the Obligations are paid in full.
Appears in 1 contract
Samples: Facility Agreement (Cytomedix Inc)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders to enter into the Transaction Loan Documents and that the Lenders have entered into the Transaction Loan Documents on the basis of, and in full reliance on, each of such representations and warrantieswarranties and such representations and warranties shall survive the execution of this Agreement until the Obligations are repaid in full.
Appears in 1 contract
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders Lender to enter into the Transaction Financing Documents and that the Lenders have Lender has entered into the Transaction Documents this Financing Document on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 1 contract
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 in connection with the intention of persuading the Lenders to enter entering into the Transaction Documents and that the Lenders have entered into the Transaction Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 1 contract
Samples: Facility Agreement (Pacific Biosciences of California Inc)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention of persuading the Lenders to enter into the Transaction Financing Documents and that the Lenders have has entered into the Transaction this Financing Documents on the basis of, and in full reliance on, each of such representations and warranties.
Appears in 1 contract
Samples: Facility Agreement (Exelixis Inc)
