Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as of the Closing Date.
Appears in 19 contracts
Samples: Stock Purchase Agreement (Onyx Pharmaceuticals Inc), Stock and Warrant Purchase Agreement (Onyx Pharmaceuticals Inc), Common Stock Purchase Agreement (Yes Entertainment Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 3 hereof shall be true and correct when made, and shall be true and correct in all material respects as of the Closing Date.
Appears in 12 contracts
Samples: Securities Purchase Agreement (FCCC Inc), Series I Preferred Stock Purchase Agreement (Oxis International Inc), Series I Preferred Stock Purchase Agreement (Oxis International Inc)
Representations and Warranties Correct. The representations and warranties made by the Company 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 the Closing Datesuch date.
Appears in 8 contracts
Samples: 12% Series C Senior Redeemable Preferred Stock Purchase Agreement (It Partners Inc), Stock Purchase Agreement (Anicom Inc), Preferred Stock Purchase Agreement (Jacobs Jay Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as of on the Closing Date.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Calypte Biomedical Corp), Common Stock Purchase Agreement (Calypte Biomedical Corp), Common Stock Purchase Agreement (Calypte Biomedical Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when madein all material respects as of, and shall be true as if made on, the date of this Agreement and correct as of the Closing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (SFX Entertainment, INC), Securities Purchase Agreement (SFX Entertainment, INC), Securities Purchase Agreement (Corcept Therapeutics Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct in all material respects when made, made and shall any failure of such representations and warranties to be true and correct in all material respects after the date hereof shall not have resulted in a Company Material Adverse Effect as of the Closing Date.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Corcept Therapeutics Inc), Common Stock Purchase Agreement (Corcept Therapeutics Inc), Common Stock Purchase Agreement (Corcept Therapeutics Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as of the Closing DateClosing.
Appears in 3 contracts
Samples: Common Shares Purchase Agreement (Warburg Pincus Equity Partners Lp), Common Shares Purchase Agreement (Visible Genetics Inc), Common Share Purchase Agreement (Visible Genetics Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct 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 the Closing Datesuch date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Energy Partners LTD), Stock Purchase Agreement (Energy Partners LTD)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 4.1 hereof shall be true and correct when made, and shall be true and correct on the Closing Date except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall be true and correct as of the Closing Datesuch earlier date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Bellwether Exploration Co), Securities Purchase Agreement (Pease Oil & Gas Co /Co/)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, made and shall be true and correct on and as of the Closing DateDate with the same force and effect as if they had been made on and as of said date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/), Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct and complete with respect to the subject covered therein when made, and shall be true and correct and complete as of the Closing Datedate of the Closing, with the same force and effect as if they had been made on and as of such date.
Appears in 2 contracts
Samples: Series a 2 Preference Shares Subscription Agreement (Cloudary Corp.), Series a 1 Preference Shares Subscription Agreement (Cloudary Corp.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as of the date of Closing Datewith the same force and effect as if they had been made on and as of such date, 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 prior to the Closing.
Appears in 1 contract
Samples: Series a and B Preferred Stock Purchase Agreement (Restoration Hardware Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 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 Initial Closing Date with the same force and effect as if they had been made on and as of the Initial Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sentry Technology Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when madein all material respects on the First Closing Date, or the applicable Subsequent Closing Date, with the same force and shall be true effect as if they had been made on and correct as of the Closing Datesaid date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Cypress Bioscience Inc)
Representations and Warranties Correct. The -------------------------------------- representations and warranties made by the Company 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 such date, and any litigation disclosed pursuant to Section 4.7 shall have been settled to the Closing Datereasonable satisfaction of the Purchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Touchstone Applied Science Associates Inc /Ny/)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when madein all material respects as of, and shall be true as if made on, the date of this Agreement and correct as of the applicable Closing Date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as of the Closing Datedate of the Closing.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as of the Closing Datedate of the Initial Closing.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct in all material respects when made, and shall be true and correct as of in all material respects on the Closing DateDate in all material respects.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section Article 4 hereof shall be true and correct when made, and shall be true and correct on and as of the Closing DateDate (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date).
Appears in 1 contract
Samples: Subscription Agreement (Chelsea Therapeutics International, Ltd.)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as of the date of the Initial Closing Datewith the same force and effect as if they had been made on and as of such date, subject to any changes contemplated by this Agreement.
Appears in 1 contract
Representations and Warranties Correct. The representations --------------------------------------- and warranties made by the Company 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 such date, and any litigation disclosed pursuant to Section 4.7 shall have been settled to the Closing Datereasonable satisfaction of the Purchasers.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct on the date of such Closing with the same force and effect as if they had been made on and as of the Closing Datesuch date.
Appears in 1 contract
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Section 4 hereof shall be true and correct in all respects when made, made and shall be true and correct in all respects on and as of the Closing DateDate with the same force and effect as if made on and as of the Closing Date except as affected by the consummation of the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (Jetfax Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Section 4 hereof shall be true and correct when made, and shall be true and correct as on each of the Closing DateDates with the same force and effect as if they had been made on and as of such date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Cahill Edward L)
