Representations and Warranties of the Investor Group. Each Investor represents and warrants to the Company that this Agreement has been duly authorized, executed and delivered by such Investor, and is a valid and binding obligation of such Investor, enforceable against such Investor in accordance with its terms. As of the date of this Agreement, the Investor Group, together with the Affiliates and Associates that are controlled by the Investor Group or any Investor (collectively, the “Investor Group Affiliates”), beneficially owns 2,126,848 shares of the Company’s common stock (“Shares”) and has voting authority over such Shares.
Appears in 2 contracts
Samples: Agreement (Tu James), Not Specified (Energy Focus, Inc/De)
Representations and Warranties of the Investor Group. Each Investor represents and warrants to the Company that this Agreement and the performance by each such Investor of its obligations hereunder has been duly authorized, executed and delivered by such Investor, and is a valid and binding obligation of such Investor, enforceable against such Investor in accordance with its terms. As Each Investor hereby further represents and warrants that, as of the date hereof, it is the beneficial owner of this Agreement, the Investor Group, together with the Affiliates and Associates that are controlled by the Investor Group or any Investor (collectively, the “Investor Group Affiliates”), beneficially owns 2,126,848 such number of shares of Common Stock as are set forth with respect to such Investor on the Company’s common stock (“Shares”) and has voting authority over such Shares.Schedule 13D.
Appears in 2 contracts
Samples: Credit Agreement (InfuSystem Holdings, Inc), Settlement Agreement (InfuSystem Holdings, Inc)