No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 22 contracts
Samples: Convertible Debentures and Warrants Purchase Agreement (Calypte Biomedical Corp), Convertible Debentures and Warrants Purchase Agreement (Transmeridian Exploration Inc), Convertible Debenture and Warrants Purchase Agreement (Mw Medical Inc)
No Misleading or Untrue Communication. The Company Company, any person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants Shares, if any, in connection with the transaction 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 14 contracts
Samples: Regulation S Subscription and Investor Representation Agreement (EZY Flexi Light Pty Ltd.), Subscription Agreement (Birdbill, Inc.), Regulation S Subscription Agreement (Energtek)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Put Shares or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 11 contracts
Samples: Private Equity Line of Credit Agreement (Integrated Surgical Systems Inc), Private Equity Line of Credit Agreement (Medisys Technologies Inc), Private Equity Line of Credit Agreement (Paradigm Medical Industries Inc)
No Misleading or Untrue Communication. The Company Company, any person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants Securities, if any, in connection with the transaction 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.)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Preferred Stock or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 (Professional Transportation Group LTD Inc), Convertible Preferred Stock and Warrants Purchase Agreement (Avtel Communications Inc/De)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or and, to the best knowledge of the Company, any other person selling or offering to sell the Convertible Debentures Preferred Stock or the Warrants Warrant in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Notes or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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, or any other person selling or offering to sell the Convertible Debentures Put Shares or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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: Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc), Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc), Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Shares or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 (Focus Enhancements Inc), Common Stock and Warrants Purchase Agreement (Viragen Inc), Common Stock and Warrants Purchase Agreement (Netlojix Communications Inc)
No Misleading or Untrue Communication. The Company Company, any Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures Put Shares, the Warrants or the Warrants Warrant Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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 (American Access Technologies Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants Debenture in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Debenture Purchase Agreement (Teleservices International Group Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, Company or any other person selling or offering to sell the Convertible Debentures Shares or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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: Common Stock and Warrants Purchase 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 and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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), Loan Agreement (TXP Corp), Loan Agreement (TXP Corp)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Notes or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 Company, any person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants Units, if any, in connection with the transaction 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: Regulation S Subscription Agreement (Energtek), Regulation S Subscription Agreement (Safetek International Inc)
No Misleading or Untrue Communication. The Company Company, any ------------------------------------- Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures or the Warrants Put Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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: Private Equity Line of Credit Agreement (Sonic Solutions/Ca/), Private Equity Line Agreement (Sonic Solutions/Ca/)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Notes or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Exchangeable Preferred Stock or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 (Dental Medical Diagnostic Systems Inc), Exchangeable Preferred Stock and Warrants Purchase Agreement (Nam Corp)
No Misleading or Untrue Communication. The Company Company, any Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures Commitment Shares, the Warrants or the Warrants Warrant Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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 and, to --------------------------------------- the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants Investment Securities in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 Company, any ------------------------------------- Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures or the Warrants Purchased Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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 and, to the ------------------------------------- knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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), Convertible Debentures and Warrants Purchase Agreement (Data Race Inc)
No Misleading or Untrue Communication. The Company Company, any Person ------------------------------------- representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures or the Warrants Put Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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 Company, any person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants Purchased Shares, if any, in connection with the transaction 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: Subscription Agreement (Terrapin Enterprises Inc), Subscription Agreement (Sentra Consulting Corp)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Debenture or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures Preferred Stock or the Warrants Conversion Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Debenture or the Warrants in connection with the transaction contemplated 10 11 by this Agreement, have not made, at any time, any 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 Debenture and Warrants Purchase Agreement (Stupid Pc Inc /Ga)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or and, to the best knowledge of the Company, any other person selling or offering to sell the Convertible Debentures Put Shares, the Warrant or the Warrants Warrant Shares in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Debenture or the Warrants Warrant in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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: Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)
No Misleading or Untrue Communication. The Company Company, any Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures or Put Shares , the Warrants Commitment Shares and the Additional Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Purchased Shares or the Warrants in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 1 contract
Samples: Subordinated Secured Convertible Debentures and Warrants Purchase Agreement (Datatec Systems Inc)
No Misleading or Untrue Communication. The Company Company, any Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures Commitment Shares, the Warrants or the Warrants Warrant Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Company and, to ------------------------------------- the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Put Shares or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 Line of Credit Agreement (Cytrx Corp)
No Misleading or Untrue Communication. The Company Company, any ------------------------------------- Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Commitment Shares, the Convertible Debentures Notes, the Warrants or the Warrants Warrant Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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 (Dauphin Technology Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Debenture or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any oral communication in connection with the offer or sale of the same which which, together with all such communications, including the SEC Documents, taken as a whole, 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 misleadingfact.
Appears in 1 contract
Samples: 8% Series C Unsecured Convertible Debenture and Warrants Purchase Agreement (Airtrax Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Preferred Stock or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Subordinated Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 Subordinated Debentures and Warrants Purchase Agreement (Fibercore Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Debenture or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any oral communication in connection with the offer or sale of the same which which, together with all such communications, including the SEC Documents, taken as a whole, 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: 8% Series B Unsecured Convertible Debenture and Warrants Purchase Agreement (Airtrax Inc)
No Misleading or Untrue Communication. The Company and, to the ------------------------------------- knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures Put Shares or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 Line of Credit Agreement (Focus Enhancements Inc)
No Misleading or Untrue Communication. The Company and, to To the knowledge of the Company, the Company, any person Person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures Preferred Stock, the Conversion Shares, the Incentive Warrant or the Warrants Warrant Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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 (Chromatics Color Sciences International Inc)
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 Debenture Purchase Agreement (Nhancement Technologies Inc)
No Misleading or Untrue Communication. The Company, any Person representing the Company and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures Warrant, the Warrant Shares, the Preferred Stock or the Warrants Conversion Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Company and, to the knowledge of the Company, any person representing the Company, or and, to the best knowledge of the Company, any other person selling or offering to sell the Convertible Debentures Preferred Stock or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 and, to the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Shares and Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Company and, to --------------------------------------- the knowledge of the Company, any person representing the Company, or any other person selling or offering to sell the Convertible Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not made, at any time, any 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 Debenture and Warrants Purchase Agreement (Worldwide Wireless Networks Inc)
No Misleading or Untrue Communication. The Company Company, any Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Convertible Debentures or the Warrants Commitment Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Company Company, any Person representing the Company, and, to the knowledge of the Company, any person representing the Company, or any other person Person selling or offering to sell the Commitment Shares, the Warrants, the Warrant Shares, the Convertible Debentures Note or the Warrants Note Conversion Shares in connection with the transaction transactions contemplated by this Agreement, have not made, at any time, any 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
No Misleading or Untrue Communication. The Neither the Company andnor, to the knowledge of the Company, any person representing the Company, Company or any other person selling or offering to sell the Convertible Debentures or the Warrants in connection with the transaction contemplated by this Agreement, have not has made, at any time, any 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 1 contract
