Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the Holders, and all such covenants, representations and warranties shall survive the Closing.
Appears in 19 contracts
Samples: Convertible Notes Exchange Agreement (Biora Therapeutics, Inc.), Convertible Notes Exchange Agreement (Biora Therapeutics, Inc.), Repurchase Agreement (ServiceNow, Inc.)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the Holders, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the Closing.
Appears in 19 contracts
Samples: Exchange Agreement (James River Coal CO), Exchange Agreement (Healthsouth Corp), Exchange Agreement (Omnicare Inc)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closinghereof, to the Holders, Holder and all such covenants, representations and warranties shall survive the Closing.
Appears in 10 contracts
Samples: Exchange Agreement (Mycotopia Therapies, Inc.), Exchange Agreement (Ehave, Inc.), Exchange Agreement (Bantec, Inc.)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the HoldersHolder, and all such covenants, representations and warranties shall survive the Closing.
Appears in 6 contracts
Samples: Warrant Exchange Agreement (Goldman Sachs Group Inc), Convertible Notes Exchange Agreement (Biora Therapeutics, Inc.), Exchange Agreement (Mannkind Corp)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the Holders, and all such covenants, representations and warranties shall survive the Closing.:
Appears in 6 contracts
Samples: Exchange Agreement (Dick's Sporting Goods, Inc.), Exchange Agreement (Dick's Sporting Goods, Inc.), Exchange Agreement (Dick's Sporting Goods, Inc.)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the ClosingExchange.
Appears in 6 contracts
Samples: Exchange Agreement (Powerwave Technologies Inc), Exchange Agreement (Forest City Enterprises Inc), Exchange Agreement (Pier 1 Imports Inc/De)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at on the ClosingClosing Date, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the ClosingPurchase.
Appears in 3 contracts
Samples: Private Placement Purchase Agreement (PDL Biopharma, Inc.), Private Placement Purchase Agreement (Forest City Enterprises Inc), Private Placement Purchase Agreement (Forest City Enterprises Inc)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the ClosingConversion.
Appears in 2 contracts
Samples: Conversion Agreement (Genesco Inc), Conversion Agreement (Genesco Inc)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the ClosingClosing Date, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the Holders, JMP Securities LLC and Xxxxx and Company, LLC, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at on the ClosingClosing Date, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the ClosingExchange.
Appears in 1 contract
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closingclosing of the Exchange, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the ClosingExchange.
Appears in 1 contract
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at the Closing, to the HoldersPurchasers, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Samples: Private Placement Purchase Agreement (Callaway Golf Co)
Covenants, Representations and Warranties of the Company. The Company hereby covenants as follows, and makes the following representations and warranties, each of which is and shall be true and correct on the date hereof and at on the ClosingClosing Date, to the HoldersHolder, Lazard Frères & Co. LLC and Lazard Capital Markets LLC, and all such covenants, representations and warranties shall survive the Closing.
Appears in 1 contract
Samples: Exchange and Purchase Agreement (PDL Biopharma, Inc.)
