Common use of No Misleading or Untrue Communication Clause in Contracts

No Misleading or Untrue Communication. The Company, any person representing the Company, and, to the knowledge of the Company, any other person selling or offering to sell the Securities, if any, in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 10 contracts

Samples: Subscription Agreement (Cool Technologies, Inc.), Subscription Agreement (Cool Technologies, Inc.), Subscription Agreement (Hpev, Inc.)

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No Misleading or Untrue Communication. The Company, any person representing the Company, and, to the best knowledge of the Company, any other person selling or offering to sell the Securities, if any, Preferred Stock or the Warrant in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 7 contracts

Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Convertible Preferred Stock or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 7 contracts

Samples: Convertible Preferred Stock and Warrants Purchase Agreement (Sedona Corp), Convertible Preferred Stock and Warrants Purchase Agreement (Compositech LTD), Escrow Agreement (Professional Transportation Group LTD Inc)

No Misleading or Untrue Communication. The Company, Neither Company nor any person representing the Company, and, to the knowledge of the Company, or any other person selling or offering to sell the Securities, if any, Securities in connection with the transactions transaction contemplated by this Agreement, have not has made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Samples: Preferred Stock and Warrants Purchase Agreement (Galaxy Nutritional Foods Co), Convertible Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc), Series B Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Convertible Notes or Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Samples: Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

No Misleading or Untrue Communication. The Company and, -------------------------------------- to the knowledge of the Company, any person representing the Company, and, to the knowledge of the Company, or any other person selling or offering to sell the Securities, if any, Put Shares or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Samples: Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Shares or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 4 contracts

Samples: Common Stock and Warrants Purchase Agreement (Netlojix Communications Inc), Common Stock and Warrants Purchase Agreement (Viragen Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the SecuritiesPut Shares, if any, the Warrants or the Warrant Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Franklin Telecommunications Corp), Stock Purchase Agreement (Crescent International LTD), Stock Purchase Agreement (Crescent International LTD)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company or any other person selling or offering to sell the Securities, if any, Shares or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Escrow Agreement (Focus Enhancements Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Convertible Debenture in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Convertible Debenture Purchase Agreement (Next Generation Media Corp), Purchase Agreement (Teleservices International Group Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which which, together with all such communications, including the SEC Reports, taken as a whole, contained any untrue statement of a material fact or omitted omits to state any a material fact necessary in order to make the statements, statements contained herein or therein not misleading in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Securities Purchase Agreement (TXP Corp), Agreement (TXP Corp), Agreement (TXP Corp)

No Misleading or Untrue Communication. The Company, any person ------------------------------------- Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the Securities, if any, Purchased Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sonic Solutions/Ca/), Stock Purchase Agreement (Sonic Solutions/Ca/)

No Misleading or Untrue Communication. The Company, any person representing the Company, and, to the knowledge of the Company, any other person selling or offering to sell the SecuritiesPurchased Shares, if any, in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Terrapin Enterprises Inc, Sentra Consulting Corp

No Misleading or Untrue Communication. The Company and, to the ------------------------------------- knowledge of the Company, any person representing the Company, and, to the knowledge of the Company, or any other person selling or offering to sell the Securities, if any, Convertible Debentures or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Loan Agreement (Inchorus Com), Warrants Purchase Agreement (Data Race Inc)

No Misleading or Untrue Communication. The Company, any person Person ------------------------------------- representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the Securities, if any, Put Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Escrow Agreement (Sonic Solutions/Ca/), Private Equity Line Agreement (Sonic Solutions/Ca/)

No Misleading or Untrue Communication. The Company, any person representing the Company, and, to the knowledge of the Company, any other person selling or offering to sell the SecuritiesUnits, if any, in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Energtek, Safetek International Inc

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Investment Shares in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Us Medsys Corp), Securities Purchase Agreement (Us Medsys Corp)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Exchangeable Preferred Stock or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Exchangeable Preferred Stock and Warrants Purchase Agreement (Nam Corp), Exchangeable Preferred Stock and Warrants Purchase Agreement (Dental Medical Diagnostic Systems Inc)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the SecuritiesCommitment Shares, if any, the Warrants or the Warrant Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Practice Works Inc), Stock Purchase Agreement (Practice Works Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Shares in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Mediax Corp), Registration Rights Agreement (Mediax Corp)

No Misleading or Untrue Communication. The Company, any person ------------------------------------- Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the Securities, if any, Put Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Credit Agreement (Sonic Solutions/Ca/), Equity Line Agreement (Sonic Solutions/Ca/)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Notes or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which that contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Note Purchase Agreement (Datatec Systems Inc), Note Purchase Agreement (Datatec Systems Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Preferred Shares in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Teleservices Internet Group Inc), Securities Purchase Agreement (Us Medsys Corp)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Notes or Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (National Coal Corp), Note and Warrant Purchase Agreement (National Coal Corp)

No Misleading or Untrue Communication. The Company and, to --------------------------------------- the knowledge of the Company, any person representing the Company, and, to the knowledge of the Company, or any other person selling or offering to sell the Securities, if any, Investment Securities in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Integral Technologies Inc /Cn/), Securities Purchase Agreement (Integral Technologies Inc /Cn/)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Common Shares or Warrants in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Common Stock and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Convertible Debenture or Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Shares and Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cytrx Corp)

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No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Purchased Shares or the Warrants in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Securities Purchase Agreement (Emagin Corp)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the SecuritiesCommon Stock, if any, the Exchangeable Preferred Stock or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Escrow Agreement (Dental Medical Diagnostic Systems Inc)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, Company and, to the knowledge of the Company, any other person Person selling or offering to sell the Securities, if any, Preferred Stock or the Conversion Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Stock Purchase Agreement (Practice Works Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, and, to the best knowledge of the Company, any other person selling or offering to sell the SecuritiesPut Shares, if any, the Warrant or the Warrant Shares in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Private Securities Subscription Agreement (Nuwave Technologies Inc)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the Securities, if any, Purchased Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Viragen Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, and, to the best knowledge of the Company, any other person selling or offering to sell the Securities, if any, Preferred Stock or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company or any other person selling or offering to sell the Securities, if any, Common Stock or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Common Stock and Warrants Purchase Agreement (Viisage Technology Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Investment Securities in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Securities Purchase Agreement (Integral Technologies Inc /Cn/)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Preferred Stock or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Convertible Preferred Stock and Warrants Purchase Agreement (Thinkpath Com Inc)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the Securities, if any, Commitment Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Stock Purchase Agreement (Fibercore Inc)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, Company and, to the knowledge of the Company, any other person Person selling or offering to sell the SecuritiesWarrant, if anythe Warrant Shares, the Preferred Stock or the Conversion Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Stock Purchase Agreement (Practice Works Inc)

No Misleading or Untrue Communication. The Company, any person ------------------------------------- Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the SecuritiesPut Shares , if any, the Commitment Shares and the Additional Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cbcom Inc)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the SecuritiesCommitment Shares, if any, the Warrants or the Warrant Shares in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Stock Purchase Agreement (Appliedtheory Corp)

No Misleading or Untrue Communication. The Company and, to ------------------------------------- the knowledge of the Company, any person representing the Company, and, to the knowledge of the Company, or any other person selling or offering to sell the Securities, if any, Put Shares or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Credit Agreement (Cytrx Corp)

No Misleading or Untrue Communication. The Company and, to the ------------------------------------- knowledge of the Company, any person representing the Company, and, to the knowledge of the Company, or any other person selling or offering to sell the Securities, if any, Put Shares or the Warrants in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Credit Agreement (Focus Enhancements Inc)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Common Stock in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Credit Agreement (Avtel Communications Inc/De)

No Misleading or Untrue Communication. The Company, any person representing the Company, Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Securities, if any, Securities in connection with the transactions transaction contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mediax Corp)

No Misleading or Untrue Communication. The Company, any person Person representing the Company, and, to the knowledge of the Company, any other person Person selling or offering to sell the Securities, if anyPut Shares , in connection with the transactions contemplated by this Agreement, have not made, at any time, any written or oral communication in connection with the offer or sale of the same which contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Private Equity Credit Agreement (Bioshield Technologies Inc)

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