REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each Buyer represents and warrants with respect to only itself that:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each Buyer represents and warrants, severally and not jointly, as of the Closing Date, to Seller that:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each Buyer makes the following representations and warranties, to the best of each Buyer’s knowledge and understanding, each of which are being relied on by Seller:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each Buyer severally (and not jointly) represents and warrants to the Company solely as to such Buyer that:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each Buyer represents and warrants with respect to only itself that:
(a) The Buyer is purchasing the Securities for its own account, in the ordinary course of its business and the Buyer has no arrangement with any individual, corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, foreign or domestic government (or an agency or subdivision thereof) or other entity of any kind (each, a “Person”) to participate in the distribution of the Securities. The Buyer represents that it has received the Registration Statement and the Prospectus prior to or in connection with its receipt of this Agreement. In connection with its decision to purchase the Securities, the Buyer has relied only upon the Prospectus and the documents incorporated by reference therein, and the representations and warranties of the Company contained herein and has not relied upon any representations by the representatives of the Company or the Placement Agent.
(b) Other than consummating the transactions contemplated hereunder, the Buyer has not directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Buyer, executed any purchases or sales, including “short sale” (as such term is defined in Section 242.200 of Regulation SHO of the 1934 Act), of the securities of the Company during the period commencing as of the time that such Buyer first received a written term sheet from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Buyer that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Buyer’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Buyer’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Buyer has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for avoidance of ...
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each Buyer hereby makes the following representations and warranties to the Seller with respect to itself (and not on behalf of any other Buyer), each of which is true and correct as of the date hereof and as of the Closing Date and each of which will survive the Closing and the transactions contemplated hereby:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each Buyer, severally for and on account of such Buyer alone, makes the following representations and warranties:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each of Gastar, First Texas Development, Inc., Bossier Basin, LLC., and First Source Gas, LP, Buyers herein, represent and warrant to Sellers as follows:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each of Gastar, First Sourcenergy Wyoming, Inc. and Squaw Creek, Inc., Buyers herein, represent and warrant to Sellers as follows:
REPRESENTATIONS AND WARRANTIES OF EACH BUYER. Each of Harvard, Vestar, AIP and the Management Purchasers, severally and not jointly, hereby represents and warrants to SIH and Incentive as follows:
