Conditions Precedent to the Obligation. of the Investors to Purchase the Notes and the Warrants. The obligation hereunder of each Investor to acquire and pay for the Notes and the Warrants is subject to the satisfaction, at or before the applicable Closing Date, of each of the conditions set forth below. These conditions are for the Investors' sole benefit and may be waived by any Investor at any time in its sole discretion. (a) Accuracy of the Company's Representations and Warranties. The representation and warranties of the Company shall be true and correct in all material respects as of the date when made and as of such Closing Date as though made at that time (except for representations and warranties that speak as of a particular date).
Appears in 1 contract
Samples: Second Warrant and Senior Subordinated Convertible Note Purchase Agreement (Dynacs Inc)
Conditions Precedent to the Obligation. of the Investors to Purchase the Notes and the WarrantsShares. The obligation hereunder of each Investor to acquire and pay for the Notes and the Warrants Shares is subject to the satisfaction, at or before the applicable Closing DateClosing, of each of the conditions set forth below. These conditions are for the Investors' sole benefit and may be waived by any Investor the Investors at any time in its their sole discretion.
(a) Accuracy of the Company's Representations and Warranties. The representation representations and warranties of the Company shall be true and correct in all material respects as of the date when made and as of such the Closing Date as though made at that time (except for representations and warranties that speak as of a particular date).
Appears in 1 contract
Samples: Common Stock Investment Agreement (Vion Pharmaceuticals Inc)
Conditions Precedent to the Obligation. of the Investors to Purchase the Notes and the WarrantsDebentures. The obligation hereunder of each Investor to acquire and pay for the Notes and Debentures at the Warrants Closing (unless otherwise specified) is subject to the satisfaction, at or before the applicable Closing DateClosing, of each of the applicable conditions set forth below. These conditions are for the Investors' sole each Investor's benefit and may be waived by any each Investor at any time in its sole discretion.
(a) Accuracy of the Company's Representations and Warranties. The representation representations and warranties of the Company shall be true and correct in all material respects as of the date when made and as of such the Closing Date as though made at that time (except for representations and warranties that speak as of a particular an earlier date, which shall be true and correct in all material respects as of such date).
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (U S Plastic Lumber Corp)
Conditions Precedent to the Obligation. of the Investors to Purchase the Notes and the WarrantsNotes. The obligation hereunder of each Investor to acquire and pay for the Notes and at the Warrants Closing is subject to the satisfaction, at or before the applicable Closing DateClosing, of each of the applicable conditions set forth below. These conditions are for the Investors' sole each Investor's benefit and may be waived by any each Investor at any time in its sole discretion.
(a) Accuracy of the Company's Representations and Warranties. The representation representations and warranties of the Company shall be true and correct in all material respects as of the date when made and as of such the Closing Date as though made at that time (except for representations and warranties that speak as of a particular an earlier date, which shall be true and correct in all material respects as of such date).
Appears in 1 contract
Samples: Convertible Note Investment Agreement (Sunshine Mining & Refining Co)
Conditions Precedent to the Obligation. of the Investors to Purchase the Notes and the WarrantsOF THE INVESTOR TO PURCHASE THE SHARES. The obligation hereunder of each the Investor to acquire and pay for the Notes and the Warrants Shares is subject to the satisfaction, at or before the applicable Closing DateClosing, of each of the conditions set forth below. These conditions are for the Investors' Investor's sole benefit and may be waived by any the Investor at any time in its sole discretion.
. (a) Accuracy of the Company's Representations and Warranties. The representation representations and warranties of the Company shall be true and correct in all material respects as of the date when made and as of such the Closing Date as though made at that time (except for representations and warranties that speak as of a particular date).
Appears in 1 contract
Samples: Preferred Stock Investment Agreement (Interleaf Inc /Ma/)