Common use of Breach of Representation and Warranty Clause in Contracts

Breach of Representation and Warranty. (a) Without limitation of all other remedies available to the Holder in this Warrant or otherwise, in the event that any representation and warranty set forth in Section 3.6 of the Investment Agreement was not true when made, Company shall issue to the Holder, at no cost to the Holder, an additional amount of Warrants such that, if such issuance of additional Warrants were made on the Closing Date, the representation and warranty in the last sentence of Section 3.6(b) of the Investment Agreement would have been true and accurate in all respects when made. (b) Any additional Warrants issued to the Holder pursuant to this Section 2.8 shall be treated as if they were issued on the Closing Date and shall reflect any dividends or other distributions that would have been accrued or have been payable with respect to, and the application of any antidilution, ratable treatment or similar provisions (as set forth herein, in applicable law or otherwise) that would have been applicable to, such Warrants or underlying Warrant Shares had such additional Warrants been issued on the Closing Date. (c) In connection with the issuance of any additional Warrants under this Section 2.8, Company shall reserve a sufficient number of shares of Common Stock for issuance to the Holder upon exercise of such additional Warrants.

Breach of Representation and Warranty. (a) Without limitation of all other remedies available to the Holder in this Warrant Note or otherwise, in the event that any representation and warranty set forth in Section 3.6 of the Investment Agreement was not true when made, Company shall issue to the Holdershall, at no cost to the Holder, an additional amount increase the number of Warrants Conversion Shares issuable upon conversion of this Note such that, if such issuance of additional Warrants were made Conversion Shares had been issuable on the Closing Date, the representation and warranty in the last sentence of Section 3.6(b) of the Investment Agreement would have been true and accurate in all respects when made. (b) Any additional Warrants issued Conversion Shares issuable to the Holder pursuant to this Section 2.8 shall be treated as if they were issued on the Closing Date and shall reflect any dividends or other distributions that would have been accrued or have been payable with respect to, and the application of any antidilution, ratable treatment or similar provisions (as set forth herein, in applicable law or otherwise) that would have been applicable to, such Warrants or underlying Warrant Conversion Shares had such additional Warrants Conversion Shares been issued issuable on the Closing Date. (c) In connection with the issuance of any additional Warrants Conversion Shares under this Section 2.8Section, Company shall reserve a sufficient number of shares of Common Stock Conversion Shares for issuance to the Holder upon exercise conversion of such additional Warrantsthe Note.