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 Put Shares or the Blackout Shares, if any, in connection with the 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 29 contracts
Samples: Private Equity Credit Agreement (Imaging Diagnostic Systems Inc /Fl/), Private Equity Credit Agreement (Imaging Diagnostic Systems Inc /Fl/), Private Equity Credit Agreement (Global Matrechs, Inc.)
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 Put Shares or the Blackout Shares, if any, Shares in connection with the 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 8 contracts
Samples: Private Equity Line Agreement (Fonix Corp), Private Equity Line Agreement (Fonix Corp), Private Equity Line Agreement (Fonix Corp)
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 Put Shares, the Warrant, the Warrant Shares or the Blackout Shares, if any, Shares in connection with the 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 3 contracts
Samples: Private Equity Line Agreement (Female Health Co), Private Equity Line of Credit Agreement (Neotherapeutics Inc), Private Equity Line Agreement (Somanetics Corp)
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 Put Shares or the Blackout Shares, if any, in connection with the 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 Credit Agreement (Emps Research Corp), Private Equity Credit Agreement (Netgateway 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 person selling or offering to sell the Put Common Shares or the Blackout Shares, if any, Warrants in connection with the 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: 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, and, to the knowledge of the Company, any other Person selling or offering to sell the Put Shares or the Blackout Shares, if any, in connection with the 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 Credit Agreement (Microware Systems Corp), Private Equity Credit Agreement (Bio Pulse International Inc)
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 Put Shares or the Blackout 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 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 (Famous Fixins Inc), Stock Purchase Agreement (Famous Fixins Inc)
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 Put Shares or the Blackout Shares, if any, in connection with the 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: Private Equity Credit Agreement (Execute Sports Inc)
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 Preferred Shares, the Put Shares Shares, or the Blackout Shares, if any, in connection with the 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: Private Equity Credit Agreement (Henley Healthcare Inc)
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 Put Shares or , the Blackout Shares, if any, Commitment Shares and the Additional Shares in connection with the 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 (Cbcom 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 person selling or offering to sell the Put Shares or the Blackout Shares, if any, Warrants in connection with the transactions transaction contemplated by this Agreement, other than the Investor and Jesup & Xxxxxx Securities Corporation, 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: Equity Line of Credit Agreement (Nastech Pharmaceutical Co Inc)
No Misleading or Untrue Communication. The Company, any Person representing the Company, and, to the knowledge of the Company, any other Person selling or or, offering to sell the Put Shares, the Warrant, the Warrant Shares or the Blackout Shares, if any, Shares in connection with the 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: Private Equity Line of Credit Agreement (Environmental Remediation Holding Corp)
No Misleading or Untrue Communication. The Company, any Person person representing the Company, and, to the best knowledge of the Company, any other Person person selling or offering to sell the Initial Shares, Put Shares Shares, the Warrant or the Blackout Shares, if any, Warrant Shares in connection with the transactions 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 (Big Entertainment Inc)
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 Put Shares or the Blackout Shares, if any, in connection with the 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: Private Equity Credit Agreement (Bioshield Technologies Inc)
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 Put Shares or , the Blackout Shares, if any, Commitment Shares and the Adjustment Shares in connection with the 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 (Integrated Technology Group)
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 Put Shares, the Commitment Shares or the Blackout 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 1 contract
Samples: Private Equity Credit Agreement (Skybridge Wireless Inc)
No Misleading or Untrue Communication. The Company, any Person representing the Company, and, With respect to the knowledge issuance of the CompanyPut Shares, any other Person selling or offering to sell the Put Warrant, the Warrant Shares or and the Blackout Shares, if any, Shares in connection with the transactions contemplated by this Agreement, have not neither the Company nor, to the knowledge of the Company, any Person representing the Company has made, at any time, any oral written 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 Agreement (Muse Technologies Inc)
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 Put Shares Commitment Shares, the Preferred Stock, the Warrants or the Blackout Shares, if any, Warrant Shares in connection with the 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 (International Fibercom Inc)
