Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Securities Purchase Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 12 contracts
Samples: Second Amendment and Exchange Agreement (Cash Systems Inc), Second Amendment and Exchange Agreement (Cash Systems Inc), Amendment and Exchange Agreement (Cash Systems Inc)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect warrants, as to itself only only, as set forth in Section 2 (other than Section 2(l) thereto) of the Existing Securities Purchase Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 6 contracts
Samples: Amendment Agreement (Arotech Corp), Amendment Agreement (Arotech Corp), Amendment Agreement (Arotech Corp)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 3.2 of the Existing Securities Purchase Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 3 contracts
Samples: Amendment and Exchange Agreement (Growlife, Inc.), Amendment and Exchange Agreement (AtheroNova Inc.), Amendment and Exchange Agreement (AtheroNova Inc.)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Amended Securities Purchase Agreement as to this Agreement as if such representations and warranties were made as of the date hereof and as of the Effective Time, in each case, as set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby pursuant thereto are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities herebypursuant hereto.
Appears in 2 contracts
Samples: Amendment Agreement (Eastside Distilling, Inc.), First Amendment Agreement (Veriteq)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Securities Purchase Agreement as to this Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 1 contract
Samples: Amendment and Exchange Agreement (Raptor Networks Technology Inc)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Securities Purchase Agreement as to this Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties in the Securities Purchase Agreement to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 1 contract
Samples: Amendment Agreement (Avanex Corp)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Securities Purchase Agreement as to this Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby pursuant thereto are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities herebypursuant hereto.
Appears in 1 contract
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing 2008 Securities Purchase Agreement as to this Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 1 contract
Samples: Amendment and Exchange Agreement (Stinger Systems, Inc)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Amended Securities Purchase Agreement as to this Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties in the Amended Securities Purchase Agreement to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 1 contract
Samples: Amendment Agreement (Sandell Asset Management Corp)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Securities Purchase Agreement (other than Section 2(k)) as to this Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities hereby.
Appears in 1 contract
Samples: Amendment, Exchange and Purchase Agreement (Inksure Technologies Inc.)
Investor Bring Down. The Investor hereby represents and warrants to the Company with respect to itself only as set forth in Section 2 of the Existing Securities Purchase Agreement (as amended hereby) as to this Agreement as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Agreement. Such representations and warranties to the transactions thereunder and the securities issued thereby pursuant thereto are hereby deemed for purposes of this Agreement to be references to the transactions hereunder and the issuance of the securities herebypursuant hereto.
Appears in 1 contract