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 Financing Documents and that the Lenders have entered into the Financing Documents on the basis of, and in full reliance on, each of such representations and warranties. The Borrower represents and warrants to the Lenders that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties misleading.
Appears in 4 contracts
Samples: Facility Agreement (Icad Inc), Facility Agreement (Third Wave Technologies Inc /Wi), Facility Agreement (Ista 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 Financing Transaction Documents and that the Lenders have entered into the Financing Transaction Documents on the basis of, and in full reliance on, each of such representations and warranties. The Borrower represents and warrants to the Lenders that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties misleading.
Appears in 3 contracts
Samples: Facility Agreement (Tengion Inc), Facility Agreement (Flamel Technologies Sa), Facility Agreement (Tengion Inc)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with at request of the intention of persuading the Lenders Investors as a condition to enter entering into the Financing Documents and that the Lenders Investors have entered into the Financing Documents on the basis of, and in full reliance on, each of such representations and warranties. The Borrower represents and warrants to the Lenders Investors that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties materially misleading.
Appears in 2 contracts
Samples: Facility Agreement (Array Biopharma Inc), Facility Agreement (Array Biopharma Inc)
Borrower Acknowledgment. The Borrower acknowledges that it has made the representations and warranties referred to in Section 3.1 with the intention at request of persuading the Lenders as a condition to enter entering into the Financing Documents and that the Lenders have entered into the Financing Documents on the basis of, and in full reliance on, each of such representations and warranties. The Borrower represents and warrants to the Lenders that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties materially misleading.
Appears in 2 contracts
Samples: Facility Agreement (Array Biopharma Inc), Facility Agreement (Zymogenetics 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 Financing Transaction Documents and that the Lenders have entered into the Financing Transaction Documents on the basis of, and in full reliance on, each of such representations and warranties. The Borrower represents and warrants to the Lenders that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties misleadingmisleading in any material respect.
Appears in 1 contract
Samples: Facility Agreement (Discovery Laboratories Inc /De/)
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 Financing Documents and that the Lenders have has entered into the this Financing Documents on the basis of, and in full reliance on, each of such representations and warrantieswarrantiess. The Borrower represents and warrants to the Lenders that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties misleading.
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 Financing Documents and that the Lenders have Lender has entered into the this Financing Documents on the basis of, and in full reliance on, each of such representations and warranties. The Borrower represents and warrants to the Lenders Lender that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties misleading.
Appears in 1 contract
Samples: Loan Agreement (Nephros 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 Financing Documents and that the Lenders have entered into the these Financing Documents on the basis of, and in full reliance on, each of such representations and warranties. The Borrower represents and warrants to the Lenders that none of such representations and warranties omits any matter the omission of which makes any of such representations and warranties misleading.
Appears in 1 contract