Common use of COMPANY REPRESENTATIONS, ETC Clause in Contracts

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter Annex IV hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Debenture or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto Annex or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesNote, the Warrants Issued Shares or the SharesAdditional Issued Shares in the event such shares are issued. No party other than the a Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of on the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto ANNEX VI or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter Annex IV hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder stockholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No other party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter Annex IV hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender or an Other Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No other party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter Annex V hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Lenders as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter ANNEX IV hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesPurchased Shares, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the each Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No other party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Initial Closing Date that, except as otherwise provided in the Disclosure Letter DISCLOSURE LETTER hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesNote, the Warrants Warrant or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter ANNEX V hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender or an Other Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the relevant Closing Date that, except as otherwise provided in the Disclosure Letter hereto Annex or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesNote, the Warrants Warrant or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC DocumentsANNEX III hereto: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender or an Other Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Initial Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter ANNEX IV hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the relevant Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the SharesNote. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter Annex IV hereto or as disclosed in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Debentures or the Shares. No party other than the a Lender or an Other Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: ANNEX V hereto: a. RIGHTS OF OTHERS AFFECTING CONCERNING THE TRANSACTIONSDEBENTURES AND THE SHARES. There are no preemptive rights of any shareholder stockholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter ANNEX V hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the Shares. No party other than the a Lender or an Other Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and Buyer as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto ANNEX V or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesPurchased Shares, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of on the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto Annex VI or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto Annex or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesNote, the Warrants Warrant or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesNote, the Warrants Warrant or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the Initial Closing Date that, except as otherwise provided in the Disclosure Letter hereto Annex or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder stockholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No other party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter Annex V hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants or the SharesNotes. No party other than the a Lender or an Other Lender has a currently exercisable right of first refusal refusal, which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Purchaser as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter Annex VI hereto or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS(a) Rights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Shares or the SharesWarrants. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and Buyer as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto Annex V or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONSRights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesPurchased Shares, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender Buyer as of the date hereof and as of the relevant Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and Buyer as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto ANNEX V or in the Company's SEC Documents: a. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the DebenturesPurchased Shares, the Warrants or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.

COMPANY REPRESENTATIONS, ETC. The Company represents and warrants to the Lender as of the date hereof and as of the Closing Date that, except as otherwise provided in the Disclosure Letter hereto or in the Company's SEC Documents: a. A. RIGHTS OF OTHERS AFFECTING THE TRANSACTIONS. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Debentures, the Warrants Purchased Securities or the Shares. No party other than the Lender has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.