Issuance of Note. The issuance of the Note is duly authorized and, upon issuance in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable and free from all preemptive or similar rights, taxes, liens, charges and other encumbrances with respect to the issue thereof. Subject to the accuracy of the representations and warranties of the Investor in this Agreement, the offer and issuance by the Company of the Note is exempt from registration under the 1933 Act.
Appears in 4 contracts
Samples: Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.)
Issuance of Note. The issuance of the Note is duly authorized and, upon issuance in accordance with the terms of this Agreement, will be validly issued, fully paid and non-assessable and free from all preemptive or similar rights, taxes, liens, charges and other encumbrances with respect to the issue thereof. Subject to the accuracy of the representations and warranties of the Investor in this Agreement, the offer and issuance by the Company of the Note is are exempt from registration under the 1933 Act.
Appears in 2 contracts
Samples: Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.)
Issuance of Note. The issuance of the Note is duly authorized and, and upon issuance in accordance with the terms of this Agreement, will the Transaction Documents shall be validly issued, fully paid and non-assessable and free from all preemptive or similar rights, taxes, liens, liens and charges and other encumbrances with respect to the issue thereof. Subject to Assuming the accuracy of each of the representations and warranties set forth in Section 2 of the Investor in this Agreement, the offer and issuance by the Company of the Note is exempt from registration under the 1933 Act.
Appears in 1 contract