Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Homeseekers Com Inc), Series D Preferred Stock Purchase Agreement (Healtheon Corp), Securities Purchase Agreement (Healtheon Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said datethe date of the Closing.
Appears in 10 contracts
Samples: Common Stock Purchase Agreement (Edgetech Services Inc), Common Stock and Warrant Purchase Agreement (O2diesel Corp), Common Stock and Warrant Purchase Agreement (O2diesel Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Scriptgen Pharmaceuticals Inc), Series C Convertible Preferred Stock Purchase Agreement (Global Pharmaceutical Corp \De\), Series B Convertible Preferred Stock Purchase Agreement (Cambio Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof of this Agreement shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 8 contracts
Samples: Master Agreement (Sonoma Systems), Preferred Stock Purchase Agreement (Sonoma Systems), Series D Preferred Stock Purchase Agreement (Netratings Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on immediately prior to the Closing and as of said datesuch time except for such changes which result from the obligations of the parties to this Agreement.
Appears in 7 contracts
Samples: Shareholder Agreement (Radvision LTD), Shareholder Agreement (Radvision LTD), Shareholder Agreement (Radvision LTD)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 6 contracts
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Cais Internet Inc), Series G Preferred Stock Purchase Agreement (Cais Internet Inc), Series C Preferred Stock and Warrant Purchase Agreement (Genesys Telecommunications Laboratories Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cryocon Inc), Securities Purchase Agreement (Cryocon Inc), Securities Purchase Agreement (Cryocon Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they though such representations and warranties had been made on and as of said the Closing Date except to the extent any such representation specifically references an earlier date.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Syntroleum Corp), Securities Purchase Agreement (Syntroleum Corp), Stock Purchase Agreement (Syntroleum Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Computron Software Inc), Securities Purchase Agreement (London Merchant Securities PLC), Common Stock Purchase Agreement (Mycogen Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said datethe Closing.
Appears in 4 contracts
Samples: Series C Preferred Stock Purchase Agreement (Spectrx Inc), Research & Development and License Agreement (Spectrx Inc), Series B Preferred Stock Purchase Agreement (Spectrx Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 4 contracts
Samples: Debenture Purchase Agreement, Debenture Purchase Agreement (Wilshire Financial Services Group Inc), Stock Purchase Agreement (First Community Bancorp /Ca/)
Representations and Warranties Correct. The representations Each representation and warranties warranty made by the Company in Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Aether Systems Inc), Series B Preferred Stock Purchase Agreement (Aether Systems LLC)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Pharmanetics Inc), Common Stock Purchase Agreement (Pharmanetics Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect Date as if they had been made on and as of said such date.
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (Probusiness Services Inc), Convertible Preferred Stock Purchase Agreement (General Atlantic Partners LLC)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when madeas of the Closing Date with the same force and effect as though such representations and warranties had been made on the Closing Date, except that representations and warranties that speak as of a particular date shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said such date.
Appears in 2 contracts
Samples: Oem Agreement (Interwave Communications International LTD), Oem Agreement (Utstarcom Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing DateDate and with respect thereto, or after giving effect to the Subsequent Closing Date, as sale and issuance of the case may be, with Shares and the same force and effect as if they had been made on and as of said dateWarrants at the Closing.
Appears in 2 contracts
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Telantis Venture Partners v Inc), Series a Preferred Stock and Warrant Purchase Agreement (Visalia Trust)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on at the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on at and as of said datethe Closing and with respect thereto, after giving effect to the sale and issuance of the Note at the Closing.
Appears in 2 contracts
Samples: Financing Agreement (Genaissance Pharmaceuticals Inc), Financing Agreement (Genaissance Pharmaceuticals Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Seamed Corp), Preferred Stock Purchase Agreement (Seamed Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 3.1 hereof (including any representations of the Company incorporated by reference) shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Credit Agreement (Allis Chalmers Corp), Warrant Purchase Agreement (Quest Resource Corp)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date, and the Company shall have performed all obligations and conditions herein required to be performed or observed by it on or prior to the Closing.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Internet Capital Group Inc), Series a Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made(except for representations and warranties which are qualified by materiality, and which shall be true and correct in all material respects on respects) as of the First Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they though such representations and warranties had been made on and as of said datethe First Closing Date.
Appears in 2 contracts
Samples: Collaborative Research and License Agreement (Versicor Inc /Ca), Collaborative Research and License Agreement (Versicor Inc /Ca)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the applicable Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (MMC Networks Inc), Series a Preferred Stock Purchase Agreement (MMC Networks Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section Article 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said the same date.
Appears in 2 contracts
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Gric Communications Inc), Series a Preferred Stock and Warrant Purchase Agreement (Gric Communications Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Neomagic Corp), Stock Purchase Agreement (Neomagic Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section Article 3 hereof above shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Note Purchase Agreement (Redgate Media Group), Note Purchase Agreement (Redgate Media Group)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said datethe date of the Closing.
Appears in 2 contracts
Samples: Series E Preferred Stock Purchase Agreement (SuccessFactors, Inc.), Series C Preferred Stock Purchase Agreement (SuccessFactors, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 Article III hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Subscription Agreement (Hana Biosciences Inc), Subscription Agreement (Velcera, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company and Subsidiary in Section 3 hereof hereof, as qualified by the Disclosure Schedules, shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Softlock Com Inc), Series a Preferred Stock Purchase Agreement (Softlock Com Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Second Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Second Closing Date. The Company shall have performed in all material respects all obligations and conditions in this Agreement required to be performed or observed by it on or prior to the Second Closing.
Appears in 1 contract
Samples: Stock and Convertible Note Purchase Agreement (Macrovision Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct on the Closing Date in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Axys Pharmecueticals Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, as of the Closing Date and the Company shall have performed all obligations and conditions required to be performed or observed by it on or prior to the Closing Date and all documents incident thereto shall be true satisfactory in form and correct in all material respects on content to the Closing Date, or Investors and special counsel to the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said dateInvestors.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section SECTION 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Initial Closing Date, Date or the any Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date, except for representations and warranties made as of a specific date, which shall be true and correct as of such date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Greatfood Com Inc)
Representations and Warranties Correct. The representations and an -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Applied Micro Circuits Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when madeas of the date of this Agreement, and shall the representations and warranties made by the Company in Sections 3.1, 3.4, 3.5, 3.6, 3.8, and 3.25 be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they though such representations and warranties had been made on and as of said datesuch Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cell Therapeutics Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the date of each Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said such date, subject, with respect to the Second Closing, to the receipt by special counsel to the Purchasers of a revised Schedule of Exceptions in a manner reasonably acceptable to the Purchasers of a majority of the Shares to be sold and issued in the Second Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Virtual Mortgage Network Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, where made and shall be true and correct in all material respects requests on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Asyst Technologies Inc /Ca/)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on and as of the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Cooper Development Co)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Firstworld Communications Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Applied Micro Circuits Corp)
Representations and Warranties Correct. The -------------------------------------- representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Film & Music Entertainment, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, where made and shall be true and correct in all material respects requests on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said datesuch Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Trimark Holdings Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true true, correct and correct in all material respects complete when made, and shall be true true, correct and correct in all material respects complete on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said such date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Date and Second Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said dateapplicable.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Texas Biotechnology Corp /De/)
Representations and Warranties Correct. The representations and warranties made by the Company in Section Paragraph 3 hereof shall be true and correct in all material respects when made, and shall be true and correct on the Closing Date in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (International Displayworks Inc)
Representations and Warranties Correct. The representations -------------------------------------- and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Asyst Technologies Inc /Ca/)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when madeas of the Closing Date except representations and warranties that are qualified as to materiality, and which shall be true and correct in all material respects on as of the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Participate Com Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Cell Genesys Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datedate and the foregoing shall be certified in writing by an executive officer of the Company.
Appears in 1 contract
Samples: Common Stock Subscription Agreement (3dx Technologies Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Securities Exchange Agreement (Sanctuary Woods Multimedia Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Initial Closing Date, Date or the any Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date, except for representations and warranties made as of a specific date, which shall be true and correct as of such date.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Greatfood Com Inc)
Representations and Warranties Correct. The representations and warranties made by of the Company in Section 3 Article III hereof shall be true and correct in all material respects when madeon and as of the date hereof, and shall be true and correct in all material respects on and as of the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Fs Private Investments LLC)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Subordinated Convertible Debenture Purchase Agreement (Transcend Services Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the as of such Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (MultiCell Technologies, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing DateDate and with respect thereto, or after giving effect to the Subsequent Closing Date, as sale and issuance of the case may be, with Shares at the same force and effect as if they had been made on and as of said dateClosing.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Cellomics Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on at the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on at and as of said datethe Closing and with respect thereto, after giving effect to the sale and issuance of the Shares and Warrant at the Closing.
Appears in 1 contract
Samples: Purchase Agreement (Genaissance Pharmaceuticals Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct on the Closing Date in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Iown Holdings Inc)
Representations and Warranties Correct. The representations -------------------------------------- and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on and as of the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Cooper Development Co)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true true, complete and correct in all material respects when made, and shall be true true, complete and correct in all material respects on the Closing Date, or Date and on each of the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said dateClosings.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on and as of the Closing Date, or the Subsequent Closing Date, Date (unless they specifically speak as the of another date in which case may bethey shall be true and correct in all material respects as of such date), with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties Correct. The -------------------------------------- representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, Date with the same force and effect as if they had been made on and as of said date. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on as of the Closing Date, or date of the Subsequent Closing Date, as the case may beClosing, with the same force and effect as if they had been made on and as of said datesuch dates, subject to changes contemplated by this Agreement, and the Company shall have performed all obligations and conditions herein required to be performed or observed by it on or before the Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (In Store Media Systems Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on as of the Closing Date, or date of the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said the Subsequent Closing, except for those representations and warranties which speak as of a certain date, which representations and warranties shall speak as of such date.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (SuccessFactors, Inc.)