Conditions Precedent to the Obligation of the Purchasers to Purchase the Shares. The obligation hereunder of each Purchaser to acquire and pay for the Preferred Shares and the Warrants is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below. These conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion. (a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement and the Registration Rights Agreement shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that are expressly made as of a particular date), which shall be true and correct in all material respects as of such date.
Appears in 7 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Cytomedix Inc), Series B Convertible Preferred Stock Purchase Agreement (Xstream Beverage Network, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Rs Group of Companies Inc)
Conditions Precedent to the Obligation of the Purchasers to Purchase the Shares. The obligation hereunder of each Purchaser to acquire and pay for the Preferred Shares and the Warrants is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below. These conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion.
(a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement and the Registration Rights Agreement shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that are expressly made as of a particular date), which shall be true and correct in all material respects as of such date.
Appears in 4 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Vision Capital Advisors, LLC), Series a Convertible Preferred Stock and Warrant Purchase Agreement (Bioforce Nanosciences Holdings, Inc.), Convertible Preferred Stock Purchase Agreement (Astrata Group Inc)
Conditions Precedent to the Obligation of the Purchasers to Purchase the Shares. The obligation hereunder of each Purchaser to acquire and pay for the Preferred Shares and the Warrants is subject to the satisfaction or waiver, at or before the each Closing, of each of the conditions set forth below. These conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion.
(a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement and the Registration Rights Agreement shall be true and correct in all material respects as of the date when made and as of the each Closing Date as though made at that time (except for representations and warranties that are expressly made speak as of a particular date), which shall be true and correct in all material respects as of such date.
Appears in 3 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Vialink Co), Series a Convertible Preferred Stock Purchase Agreement (Hienergy Technologies Inc), Series a Convertible Preferred Stock Purchase Agreement (Hienergy Technologies Inc)
Conditions Precedent to the Obligation of the Purchasers to Purchase the Shares. The obligation hereunder of each Purchaser to acquire and pay for the Preferred Shares and the Warrants is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below. These conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion.
(a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement and the Registration Rights Agreement shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that are expressly made as of a particular date), which shall be true and correct in all material respects as of such date.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Wave Systems Corp), Series a Convertible Preferred Stock Purchase Agreement (Ramp Corp), Series a Convertible Preferred Stock Purchase Agreement (Cyberlux Corp)
Conditions Precedent to the Obligation of the Purchasers to Purchase the Shares. The obligation hereunder of each Purchaser to acquire and pay for the Preferred Shares and the Warrants is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below. These conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion.
(a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement and each of the Registration Rights Agreement other Transaction Documents shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that are expressly made as of a particular date), which shall be true and correct in all material respects as of such date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Dolce Ventures, Inc)
Conditions Precedent to the Obligation of the Purchasers to Purchase the Shares. The obligation hereunder of each Purchaser the Purchasers to acquire and pay for the Preferred Shares and the Warrants is subject to the satisfaction or waiver, at or before the respective Closing, of each of the conditions set forth below. These conditions are for each Purchaser's the Purchasers' sole benefit and may be waived by such Purchaser the Purchasers at any time in its their sole discretion.
(a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement and the Registration Rights Agreement shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (time, except for representations and warranties that are expressly made speak as of a particular date), which shall be true and correct in all material respects as of such date.
Appears in 1 contract
Samples: Series F Convertible Preferred Stock Purchase Agreement (Skylynx Communications Inc)
Conditions Precedent to the Obligation of the Purchasers to Purchase the Shares. The obligation hereunder of each Purchaser to acquire and pay for the Preferred Purchased Shares and the Warrants is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below. These conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion.
(a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement and the Registration Rights Agreement shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (time, except for representations and warranties that are expressly made as of a particular date), which shall be true and correct in all material respects as of such date.
Appears in 1 contract
