Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said date.
Appears in 8 contracts
Samples: Common Stock Purchase Agreement (Oaktree Capital Management LLC /Adv), Unit Purchase Agreement (Aureal Semiconductor Inc), Series a Preferred Stock Purchase Agreement (Egroups Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section 4 hereof by the Purchasers shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and in all material respects as of said datethe date of Closing.
Appears in 5 contracts
Samples: Common Stock and Warrant Purchase Agreement (O2diesel Corp), 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 Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said date.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Pharmanetics Inc), Common Stock Purchase Agreement (Pharmanetics Inc), Series G Preferred Stock Purchase Agreement (Datascope Corp)
Representations and Warranties Correct. The representations -------------------------------------- and warranties made by the Purchasers each Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said date.
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Comps Com Inc), Stock and Warrant Purchase Agreement (Comps Com Inc), Series C Preferred Stock Purchase Agreement (Salon Internet Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section 4 hereof shall be have been true and correct in all material respects when made, made and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of said datethe Closing Date.
Appears in 4 contracts
Samples: Common Stock and Warrant Purchase Agreement (Oryx Technology Corp), Common Stock and Warrant Purchase Agreement (Oryx Technology Corp), Common Stock and Warrant Purchase Agreement (Oryx Technology Corp)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in pursuant to Section 4 hereof shall be true and correct when made, made and shall be true and correct in all respects on the Closing Date and with respect thereto, after giving effect to the same force and effect as if they had been made on and as purchase of said datethe Shares at the Closing.
Appears in 3 contracts
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Softlock Com Inc), Series C 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 Purchasers Purchaser in Section Article 4 hereof shall be true and correct in all respects when made, made and shall be true and correct on the such Closing Date with the same force and effect as if they had been made on and as of said date.
Appears in 3 contracts
Samples: Investment Agreement (Webmd Inc), Investment Agreement (Webmd Inc), Investment Agreement (Webmd Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on in all material respects as of the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 3 contracts
Samples: Series G Preferred Stock Purchase Agreement (Cais Internet Inc), Series C Preferred Stock Purchase Agreement (Cais Internet Inc), Series F Convertible Participating Preferred Stock Purchase Agreement (Cais Internet Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section 4 hereof by the Purchaser shall be true and correct when made, in all material respects on and shall be true and correct on as of the Closing Date with the same force and effect as if they had been made on and as of said dateat the Closing.
Appears in 3 contracts
Samples: Class a Common Stock Purchase Agreement (Airxpanders Inc), Common Stock Purchase Agreement (Everspin Technologies Inc), Common Stock Purchase Agreement (Minerva Neurosciences, Inc.)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing 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 a Preferred Stock Purchase Agreement (Esps Inc), Series a Preferred Stock Purchase Agreement (Esps Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the First Closing Date with the same force and effect as if they had been made on and as of said date (except to the extent any such representation or warranty expressly speaks of an earlier date).
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Princeton Video Image Inc), Stock and Warrant Purchase Agreement (Princeton Video Image Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct in all material respects on the Closing 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 (Aradigm Corp), Common Stock Purchase Agreement (Asyst Technologies Inc /Ca/)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 5 hereof shall be true and correct when made, and shall be true and correct in all material respects on the Closing Date date of such closing with the same force and effect affect as if they had been made on and as of said that date.
Appears in 2 contracts
Samples: Joint Venture Agreement (Fibercore Inc), Share Purchase Agreement (Fibercore Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers Purchaser in Section 4 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 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 Purchasers each Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on in all material respects as of the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Spacedev, Inc.), Stock Purchase Agreement (Spacedev Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, made and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 2 contracts
Samples: Debenture Purchase Agreement, Debenture Purchase Agreement (Wilshire Financial Services Group Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers in Section 4 hereof by the Purchasers shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and in all material respects as of said datethe date of the Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Petsmart Com Inc), Preferred Stock Purchase Agreement (Petsmart Com Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Buyer in Section 4 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 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 (MTC Technologies Inc), Stock Purchase Agreement (MTC Technologies Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section Article 4 hereof shall be true and correct when made, and shall be true and correct with respect to such Purchaser on the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Phoenix International LTD Inc), Stock Purchase Agreement (London Bridge Software Holdings PLC)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section Article 4 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 with the same force and effect as if they had been made on and or 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 Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Second Closing Date with the same force and effect as if they had been made on and as of said date (except to the extent any such representation or warranty expressly speaks of an earlier date).
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Princeton Video Image Inc), Stock and Warrant Purchase Agreement (Princeton Video Image Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers each Purchaser in Section 4 hereof shall be true and correct in all material respects when made, made and shall be true and correct on in all material respects as of the date of Closing Date with the same force and effect as if they had been made on and as of said such date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Network Access Solutions Corp)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct in all material respects on the Closing 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 (Cypros Pharmaceutical Corp)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, in all material respects on and shall be true and correct on as of the Closing Date with the same force and effect as if they though such representations and warranties had been made on and as of said datethe Closing Date.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Connetics Corp)
Representations and Warranties Correct. The representations -------------------------------------- and warranties made by the Purchasers each Purchaser in Section 4 hereof herein shall be true and correct when made, and shall be true and correct in all material respects on and as of the Closing Date with the same force and effect affect 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 Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on in all material respects as of the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Purchasers each Purchaser in Section 4 hereof shall be true and correct when made, made and shall be true and correct on as of the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase and Recapitalization Agreement (Quantum Corp /De/)
Representations and Warranties Correct. The representations and warranties made by the Purchasers in Section 4 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 with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Senior Subordinated Note and Common Stock Warrant Purchase Agreement (Creditrust Corp)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct in all material respects on the Closing 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 Purchasers each Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Salon Internet Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been were made on and as of said such date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the all Purchasers in Section 4 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 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 (First Virtual Holding Inc)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and or as of said the same date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Quicklogic Corporation)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers each Purchaser in Section 4 hereof herein shall be true and correct when made, and shall be true and correct in all material respects on and as of the Closing Date with the same force and effect affect 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 Purchasers in Section 4 hereof by the Purchasers shall be true and correct when made, in all material respects on and shall be true and correct on as of the Closing Date with the same force and effect as if they had been made on and as of said dateat the Closing.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by each of the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing 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 Purchasers of each Purchaser contained in Section 4 hereof shall be true on and correct when made, and shall be true and correct on as of the Closing Date with the same force and effect as if they though such representations and warranties had been made on and as of said such date.
Appears in 1 contract
Samples: Class a Preferred Stock Purchase Agreement (Mail Com Inc)
Representations and Warranties Correct. The representations -------------------------------------- and warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Information Management Associates Inc)
Representations and Warranties Correct. The representations and warranties made -------------------------------------- by the Purchasers Purchaser and Bravo in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said date (except to the extent any such representation or warranty expressly speaks of an earlier date).
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 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 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 Additional Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Second Closing 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 Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on as of the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 1 contract
Samples: Series a Cumulative Convertible Preferred Stock Purchase Agreement (Integrated Circuit Systems Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers each Purchaser in Section 4 hereof shall be true and correct when made, made and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 1 contract
Samples: Stock Purchase Agreement (First Community Bancorp /Ca/)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and or as of said the same date.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Quicklogic Corporation)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers purchasing Shares at such Closing in Section 4 hereof shall be true and correct when made, and shall be true and correct on the such Closing Date with the same force and effect as if they had been made on and or as of said the same date.
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (Quicklogic Corporation)
Representations and Warranties Correct. The representations -------------------------------------- and warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date 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 (Salon Internet Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date 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 (Provide Commerce Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, made and shall be true and correct on and as of the Closing 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 Purchase Agreement (Cortex Pharmaceuticals Inc/De/)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on in all material respects as of the Closing Date with the same force and effect as if they had been made on and as of said dateat the Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Applied Genetic Technologies Corp)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 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 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 the Purchaser.
Appears in 1 contract
Samples: Common Stock Subscription Agreement (3dx Technologies Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 1 contract
Samples: Stock Transfer Agreement (Onyx Pharmaceuticals Inc)
Representations and Warranties Correct. The representations and warranties made by the Purchasers Purchaser in Section 4 hereof shall be have been true and correct when made, made and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of said dateClosing.
Appears in 1 contract
Samples: Lease Termination Agreement (Intrabiotics Pharmaceuticals Inc /De)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Purchasers in Section 4 hereof shall be true and correct when made, and shall be true and correct on in all material respects as of the Closing Date with the same force and effect as if they had been made on and as of said dateDate.
Appears in 1 contract
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Cais Internet Inc)
