Reliance Upon Representations, Warranties and Covenants. The Purchaser acknowledges that the representations and warranties and covenants contained in this Agreement are made with the intent that they may be relied upon by the Corporation to, among other things, determine its eligibility to purchase the Shares. The Purchaser further agrees that by accepting the Shares, the Purchaser shall be representing and warranting that the foregoing representations and warranties are true as of the Closing with the same force and effect as if they had been made by the Purchaser at the Closing.
Appears in 4 contracts
Samples: Subscription Agreement (Avanex Corp), Subscription Agreement (Biomarin Pharmaceutical Inc), Subscription Agreement (Biomarin Pharmaceutical Inc)
Reliance Upon Representations, Warranties and Covenants. The Purchaser ------------------------------------------------------- acknowledges that the representations and warranties and covenants contained in this Agreement are made with the intent that they may be relied upon by the Corporation Company to, among other things, determine its eligibility to purchase the SharesNotes and the shares of Common Stock issuable upon conversion of the Notes. The Purchaser further agrees that by accepting the SharesNotes, the Purchaser shall be representing and warranting that the foregoing representations and warranties are true as of the Closing with the same force and effect as if they had been made by the Purchaser at the Closing.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc), Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc)