Obligations Covenants of the Parties
Obligations Covenants of the Parties Sample Clauses
Related to Obligations Covenants of the Parties
Covenants All covenants, agreements and conditions contained in this Agreement to be performed by the Company on or prior to the Closing Date shall have been performed or complied with in all material respects.
Representations and Warranties of the Company The Company represents and warrants to each Underwriter that:
Warranties a. The Investor(s) makes the following representations and warranties to Escrow Agent:
Events of Default Any of the following shall constitute an Event of Default:
Further Assurances Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.
Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.
Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:
Representations and Warranties The Borrower represents and warrants to the Lenders that:
Remedies The Holder, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Warrant. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Warrant and hereby agrees to waive and not to assert the defense in any action for specific performance that a remedy at law would be adequate.
Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.
