Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 139 contracts
Samples: Securities Purchase Agreement (Spire Global, Inc.), Securities Purchase Agreement (SMG Industries Inc.), Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.)
Insurance Coverage. The Company and each Subsidiary maintains maintain in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 18 contracts
Samples: Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 15 contracts
Samples: Purchase Agreement (Selectica Inc), Purchase Agreement (Selectica Inc), Purchase Agreement (Selectica Inc)
Insurance Coverage. The Except as set forth on Schedule 4.19, the Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Ceelox Inc.), Securities Purchase Agreement (NewEra Technology Development Co., LTD), Securities Purchase Agreement (Emerald Dairy Inc)
Insurance Coverage. The Company and each Subsidiary maintains maintain in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Provectus Pharmaceuticals Inc), Securities Purchase Agreement (Luxeyard, Inc.), Purchase Agreement (First Virtual Communications Inc)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiaryit, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 7 contracts
Samples: Purchase Agreement (Sonic Foundry Inc), Securities Exchange Agreement (Knightsbridge Fine Wines Inc), Purchase Agreement (Viragen Inc)
Insurance Coverage. The Except as described on Schedule 4.19, the Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 5 contracts
Samples: Purchase Agreement (Corgi International LTD), Purchase Agreement (Triangle Petroleum CORP), Securities Purchase Agreement (Triangle Petroleum CORP)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that its Board of Directors has determined is customary for comparably situated companies reasonable for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 5 contracts
Samples: Purchase Agreement (Response Genetics Inc), Form of Purchase Agreement (Response Genetics Inc), Purchase Agreement (Response Genetics Inc)
Insurance Coverage. The Each of the Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insureSubsidiaries.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Intraop Medical Corp), Common Stock Purchase Agreement (Intraop Medical Corp), Common Stock Purchase Agreement (Intraop Medical Corp)
Insurance Coverage. The Company and each Subsidiary maintains maintain in ------------------ full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 3 contracts
Samples: Exchange Agreement (Amerigon Inc), Purchase Agreement (Amerigon Inc), Purchase Agreement (Amerigon Inc)
Insurance Coverage. The Company and each Company Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Company Subsidiary, and the Company and the Company Subsidiaries reasonably believes believe such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 3 contracts
Samples: Securities Purchase Agreement (National Holdings Corp), Securities Purchase Agreement (FUND.COM Inc.), Securities Purchase Agreement (FUND.COM Inc.)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and . Neither the Company reasonably believes such nor any of the Subsidiaries has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies necessary to insurecontinue its business at a cost that would not have a Material Adverse Effect.
Appears in 3 contracts
Samples: Financial Advisory Agreement (ZBB Energy Corp), Financial Advisory Agreement (ZBB Energy Corp), Financial Advisory Agreement (Overland Storage Inc)
Insurance Coverage. The Company and each Subsidiary maintains maintain in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes . No default or event has occurred that could give rise to a default under any such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insurepolicy.
Appears in 3 contracts
Samples: Convertible Secured Note Purchase Agreement (Photogen Technologies Inc), Convertible Secured Note Purchase Agreement (Alliance Pharmaceutical Corp), Investment Unit Purchase Agreement (NationsHealth, Inc.)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and . Neither the Company reasonably believes such nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies necessary to insurecontinue its business.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mad Catz Interactive Inc), Securities Purchase Agreement (Alvarion LTD)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that against such liabilities, claims and risks and in such amounts as is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Central European Distribution Corp), Purchase Agreement (Central European Distribution Corp)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all material liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Primal Solutions Inc), Purchase Agreement (Primal Solutions Inc)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage policies that is are customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all material liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Primal Solutions Inc), Purchase Agreement (Primal Solutions Inc)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes . All such insurance coverage is fully in force, except where the failure to be adequate against all liabilitiesin full force has not had and would not, claims and risks against which it is customary for comparably situated companies individually or in the aggregate, be reasonably expected to insurehave a Material Adverse Effect.
Appears in 2 contracts
Samples: Exchange Agreement, Exchange Agreement (Thestreet, Inc.)
Insurance Coverage. The Except as set forth on Schedule 4.18, the Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Securities Purchase Agreement (First Blush Brands, Inc.), Securities Purchase Agreement (Commerce Planet)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, there is no claim pending under any of such policies. The Company and the Company reasonably believes such its Subsidiaries are current in all premiums or other payments due under each insurance coverage to be adequate against policy and have otherwise performed in all liabilities, claims and risks against which it is customary for comparably situated companies to insurematerial respects all of its respective obligations thereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Medgenics, Inc.), Securities Purchase Agreement (Medgenics, Inc.)
Insurance Coverage. The To the Company's knowledge, the Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims claims, and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Aradyme Corp), Stock Purchase Agreement (Aradyme Corp)
Insurance Coverage. The Company and each Subsidiary subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiarysubsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Securities Purchase Agreement (St Cloud Capital Partners Lp), Securities Purchase Agreement (National Holdings Corp)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies as described on Schedule 4.19 for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary would be prudent, given the totality of the circumstances, for comparably situated companies the Company to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Vitalstream Holdings Inc), Purchase Agreement (Vitalstream Holdings Inc)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiarycoverage, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Zix Corp), Purchase Agreement (Zix Corp)
Insurance Coverage. The Company and each Subsidiary of the Company maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each SubsidiarySubsidiary of the Company, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Aldeyra Therapeutics, Inc.), Purchase Agreement (Aldeyra Therapeutics, Inc.)
Insurance Coverage. The Company and each Subsidiary maintains its subsidiaries maintain ------------------ in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted conducted, and properties owned or leased leased, by the Company and each Subsidiaryits subsidiaries, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Boston Life Sciences Inc /De), Purchase Agreement (Boston Life Sciences Inc /De)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is is, to the Company’s Knowledge, customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 2 contracts
Samples: Purchase Agreement (Unify Corp), Purchase Agreement (Vantagemed Corp)
Insurance Coverage. The Company Borrower and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company Borrower and each Subsidiary, and the Company Borrower reasonably believes such insurance coverage to be adequate against all liabilities, claims claims, and risks against which it is customary for comparably situated companies to insure.. 4.20
Appears in 1 contract
Samples: Interim Loan Agreement
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that to the Company's Knowledge is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Purchase Agreement (Starbase Corp)
Insurance Coverage. The Except as set forth on Schedule 4.19, the Company and each its Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Securities Purchase Agreement (First Blush Brands, Inc.)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure. There are not any claims that any insurance company is currently denying or defending under a reservation of rights clause.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies as described in Schedule 4.19 for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary would be prudent, given the totality of the circumstances, for comparably situated companies the Company to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that the Company reasonably believes is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Purchase Agreement (hopTo Inc.)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is underwritten by insurers of recognized financial responsibility in amounts which are customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for sufficient to cover liabilities to which the Company may reasonably become subject, and such types and amounts of other insurance with respect to its business being conducted and properties owned as are customarily carried by persons engaged in the same or leased by similar business as the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insureCompany.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biosphere Medical Inc)
Insurance Coverage. The Company and each Subsidiary ------------------ maintains in full force and effect insurance coverage that is is, to the Company's Knowledge, customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Purchase Agreement (Vantagemed Corp)
Insurance Coverage. The Except as set forth in Schedule 4.19, the Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ardmore Holding CORP)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, including, but not limited to, directors and officers insurance coverage in an amount of not less than $1,000,000, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes . All such insurance coverage is fully in force, except where the failure to be adequate against all liabilitiesin full force has not had and would not, claims and risks against which it is customary for comparably situated companies individually or in the aggregate, be reasonably expected to insure.have a Material Adverse Effect
Appears in 1 contract
Insurance Coverage. The Company Borrower and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company Borrower and each Subsidiary, and the Company Borrower reasonably believes such insurance coverage to be adequate against all liabilities, claims claims, and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate provides reasonable, prudent and customary coverage against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each SubsidiarySubsidiary as set forth in Section 4.19 of the Disclosure Letter, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each the Subsidiary maintains maintain in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each the Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all such liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, Subsidiary and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary ------------------- maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each material Subsidiary maintains in full force and effect insurance coverage that the Company believes is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each material Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Purchase Agreement (Glu Mobile Inc)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that is is, to the Company's Knowledge, customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that that, to the Company’s Knowledge, is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Purchase Agreement (OptimizeRx Corp)
Insurance Coverage. Except as set forth on Schedule 4.19, The Company and each Subsidiary maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Securities Purchase Agreement (Amnutria Dairy Inc.)
Insurance Coverage. The Company and each Subsidiary maintains in full force and effect insurance coverage that they reasonably believe is customary for comparably situated companies necessary for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all material liabilities, claims and risks against which it is customary for comparably situated companies arising or expected to insurearise during the conduct of their respective businesses.
Appears in 1 contract
Insurance Coverage. The Company and each Subsidiary ------------------ maintains in full force and effect insurance coverage that is customary for comparably situated companies for the business being conducted and properties owned or leased by the Company and each Subsidiary, and the Company reasonably believes such insurance coverage to be adequate against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Appears in 1 contract
Samples: Purchase Agreement (Telular Corp)