Common use of Company Bring Down Clause in Contracts

Company Bring Down. Except as set forth on the Amended and Restated Schedules attached hereto, which shall amend and restate the Schedules attached to the Existing Securities Purchase Agreement the Company represents and warrants to the Investor as set forth in Section 3 of the Existing Securities Purchase Agreement, as amended by Section 2(d) above, as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby, references therein to “Closing Date” being deemed references to the Closing Date as defined in Section 1(b) above, and references to “the date hereof” being deemed references to the date of this Agreement.

Appears in 5 contracts

Samples: Amendment and Exchange Agreement (Cash Systems Inc), Amendment and Exchange Agreement (Cash Systems Inc), Amendment and Exchange Agreement (Cash Systems Inc)

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Company Bring Down. Except as set forth on the Amended and Restated Schedules attached hereto, which shall amend and restate the Schedules attached to the Existing Securities Purchase Agreement the Company represents and warrants to the Investor as set forth in Section 3 of the Existing Securities Purchase Agreement, as amended by Section 2(d2(c) above, as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby, references therein to “Closing Date” being deemed references to the Closing Date as defined in Section 1(b) above, and references to “the date hereof” being deemed references to the date of this Agreement.

Appears in 5 contracts

Samples: Second Amendment and Exchange Agreement (Cash Systems Inc), Second Amendment and Exchange Agreement (Cash Systems Inc), Second Amendment and Exchange Agreement (Cash Systems Inc)

Company Bring Down. Except as set forth on the Amended and Restated Schedules attached hereto, which shall amend and restate the Schedules attached to the Existing Securities Purchase Agreement Agreement, the Company represents and warrants to the Investor as set forth in Section 3 of the Existing Securities Purchase Agreement, as amended by Section 2(d) above, Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby, references therein to "Closing Date" being deemed references to the Closing Date as defined in Section 1(b1(d) above, and references to "the date hereof" being deemed references to the date of this Agreement.

Appears in 2 contracts

Samples: Amendment and Exchange Agreement (Raptor Networks Technology Inc), And Exchange Agreement (Raptor Networks Technology Inc)

Company Bring Down. Except as set forth on the Amended and Restated Schedules Schedule of Exceptions attached heretohereto (the “Exceptions”), which shall amend and restate the Schedules attached to the Existing Securities Purchase Agreement the Company represents and warrants to the Investor Holder as set forth in Section 3 2.1 of the Existing Securities Purchase Agreement, as amended by Section 2(d) above, Agreements as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement, except to the extent such representation or warranty by nature speaks only as of a date certain. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby, references therein to “Closing Date” being deemed references to the Closing Date as defined in Section 1(b) 1.2 above, and references to “the date hereof” being deemed references to the date of this Agreement.

Appears in 1 contract

Samples: Waiver, Amendment and Exchange Agreement (Ener1 Inc)

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Company Bring Down. Except as set forth on in the Amended and Restated Disclosure Schedules attached hereto, which shall amend and restate the Schedules attached to the Existing Securities Purchase Agreement as amended as of the date hereof and attached as Exhibit C, the Company hereby represents and warrants to the Investor as set forth in Section 3 of the Existing Securities Purchase Agreement, as amended by Section 2(d) above, as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby, references therein to “Closing Date” being deemed references to the Closing Date as defined in Section 1(b1(c) above, and references to “the date hereof” being deemed references to the date of this Agreement.

Appears in 1 contract

Samples: Amendment and Exchange Agreement (DigitalFX International Inc)

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