Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 5 contracts
Samples: Purchase Agreement (Acadia Healthcare Company, Inc.), Purchase Agreement (Acadia Healthcare Company, Inc.), Purchase Agreement (Acadia Healthcare Company, Inc.)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to the Initial Purchaser that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 4 contracts
Samples: Purchase Agreement (Landrys Restaurants Inc), Purchase Agreement (Landrys Restaurants Inc), Purchase Agreement (Boston Gear LLC)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to, and agree with, the Initial Purchaser that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 4 contracts
Samples: Purchase Agreement (KCG Holdings, Inc.), Purchase Agreement (RAAM Global Energy Co), Purchase Agreement (Forbes Energy Services Ltd.)
Representations and Warranties of the Company and the Guarantors. As Each of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent hereby represents and warrant to, warrants to the Investor that as of the date hereof and agree with each Initial Purchaser, thatas of the date of the Closing:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Maxeon Solar Technologies, Ltd.), Convertible Notes Purchase Agreement (Zhonghuan Singapore Investment & Development Pte. Ltd.), Convertible Notes Purchase Agreement (Maxeon Solar Technologies, Ltd.)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to, and agree with, the Initial Purchasers that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 3 contracts
Samples: Purchase Agreement (RAAM Global Energy Co), Purchase Agreement (CNL Lifestyle Properties Inc), Purchase Agreement (Energy Partners LTD)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to the each of the Initial Purchasers that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 2 contracts
Samples: Purchase Agreement (CPM Holdings, Inc.), Purchase Agreement (CPM Holdings, Inc.)
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the The Company and the Guarantors, jointly and severallyseverally and as of the date hereof, represent and warrant to, and agree with each with, the Initial Purchaser, Purchasers that:
Appears in 2 contracts
Samples: Purchase Agreement (Metropcs Communications Inc), Purchase Agreement (Metropcs Communications Inc)
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the The Company and each of the Guarantors, jointly and severally, represent and warrant toto the Initial Purchaser as of the date hereof, at the Applicable Time (as defined below), as of the Closing Time, and as of any Option Closing Time, if any, and agree with each the Initial Purchaser, that:
Appears in 2 contracts
Samples: Purchase Agreement (RAIT Financial Trust), Purchase Agreement (Luminent Mortgage Capital Inc)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to the Initial Purchasers that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 2 contracts
Samples: Purchase Agreement (Landrys Restaurants Inc), Purchase Agreement (Vantage Drilling CO)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser that as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 2 contracts
Samples: Superior Energy Services Inc, Superior Energy Services Inc
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the The Company and the Guarantors, jointly and severally, represent and warrant to, to the Initial Purchasers as of the date hereof and agree with as of each Initial PurchaserClosing Date, that:
Appears in 2 contracts
Samples: Purchase Agreement (Northstar Realty Finance Corp.), Purchase Agreement (Northstar Realty Finance Corp.)
Representations and Warranties of the Company and the Guarantors. As Each of the Company and the Guarantors hereby, jointly and severally, represents and warrants to each Initial Purchaser as of the date hereof and as of the Closing Date (in each case, a “Representation Date”), the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, thatas follows:
Appears in 2 contracts
Samples: Purchase Agreement (Kansas City Southern), Purchase Agreement (Kansas City Southern)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to, and agree with, each Initial Purchaser that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 1 contract
Samples: Purchase Agreement (BioScrip, Inc.)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to, and agree with, the Initial Purchaser that, as of the date hereof and as of the Closing DateDate (except to the extent expressly made as of a specified date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:in which case as of such date):
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. As Each of the Company and the Guarantors, jointly and severally, represents and warrants to, and agrees with, the Initial Purchasers that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 1 contract
Samples: Purchase Agreement (Kratos Defense & Security Solutions, Inc.)
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the The Company and the Guarantors, jointly and severally, represent and warrant toto the Initial Purchasers that, as of the Time of Sale, as of the date hereof, as of the First Closing Date and agree with as of each Initial PurchaserOption Closing Date, thatif any:
Appears in 1 contract
Samples: Purchase Agreement (FiberTower CORP)
Representations and Warranties of the Company and the Guarantors. As The Company and the Guarantors jointly and severally represent and warrant to and agree with the Initial Purchasers and the Financial Advisor on and as of the date hereof and the Time of Purchase as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, thatfollows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Morris Material Handling Inc)
Representations and Warranties of the Company and the Guarantors. As The Co-Issuers and the Guarantors jointly and severally represent and warrant to the Initial Purchaser that, as of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent and warrant to, and agree with each Initial Purchaser, that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Datehereof, the Company and each of the Guarantors, jointly Guarantors represents and severally, represent and warrant warrants to, and agree with each agrees with, the Initial Purchaser, Purchaser that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the The Company and the Guarantors, Guarantors jointly and severally, severally represent and warrant to, and agree with each with, the Initial PurchaserPurchasers that, thatas of the Applicable Time and as of the applicable Closing Date:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the The Company and the Guarantors, jointly and severally, represent and warrant to, to and agree with each Initial Purchaserof you that, thatexcept as otherwise provided, as of the date hereof, as of the Commencement Date and on the Closing Date:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as hereof, each of the Closing Date, the Company and the Guarantors, jointly and severally, represent represents and warrant warrants to, and agree with each agrees with, the Initial Purchaser, Purchaser that:
Appears in 1 contract
Samples: Purchase Agreement (NPR Inc)
Representations and Warranties of the Company and the Guarantors. As of the date hereof and as of the Closing Date, the The Company and the Guarantors, jointly and severallyseverally and as of the date hereof, represent and warrant to, and agree with each with, the Initial Purchaser, Purchaser that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. As Each of the date hereof and as of the Closing Date, the Company and the Guarantors, jointly and severally, represent represents and warrant warrants to, and agree with each agrees with, the several Initial Purchaser, that:Purchasers that as of the date of this Agreement and as of the Closing Date (as defined in Section 3 hereof) (unless otherwise indicated):
Appears in 1 contract
