Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 20 contracts
Samples: Share Purchase Agreement (Toro Corp.), Share Purchase Agreement (Castor Maritime Inc.), Subscription Agreement (Toro Corp.)
Representations and Warranties of the Investor. The Except as Previously Disclosed, the Investor hereby represents and warrants to the Company Company, as of the date hereof and as of the Closing Date (except for the representations and warranties that are as followsof a specific date which are made as of that date) that:
Appears in 19 contracts
Samples: Stock Purchase Agreement (Broadway Financial Corp \De\), Stock Purchase Agreement (Broadway Financial Corp \De\), Stock Purchase Agreement (Broadway Financial Corp \De\)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date to each Seller as follows:
Appears in 15 contracts
Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date Date, as follows:
Appears in 13 contracts
Samples: Securities Purchase Agreement (Zenosense, Inc.), Securities Purchase Agreement (Diagnostic Imaging International Corp), Securities Purchase Agreement (Zenosense, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date to the Company as follows:follows (unless as of a specific date therein, in which case they shall be accurate as of such date):
Appears in 13 contracts
Samples: Note Purchase Agreement (Alternus Clean Energy, Inc.), Securities Purchase Agreement (Caravelle International Group), Note Purchase Agreement (iSpecimen Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof of this Agreement and as of the Closing Date (except to the extent made only as followsof a specified date, in which case as of such date) to the Company that:
Appears in 12 contracts
Samples: Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of to the Closing Date Company as follows:
Appears in 11 contracts
Samples: Senior Secured Convertible Promissory Note (Raadr, Inc.), Exchange Agreement (Raadr, Inc.), Exchange Agreement (Auto Parts 4Less Group, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date Date, as follows:
Appears in 10 contracts
Samples: Convertible Promissory Note Purchase Agreement (Nvni Group LTD), Convertible Promissory Note Purchase Agreement (SPI Energy Co., Ltd.), Convertible Promissory Note Purchase Agreement (SPI Energy Co., Ltd.)
Representations and Warranties of the Investor. The Except as Previously Disclosed, the Investor hereby represents and warrants to the Company Company, as of the date hereof and as of the Closing Date (except for the representations and warranties that are as followsof a specific date which shall be made as of that date) that:
Appears in 10 contracts
Samples: Investment Agreement (FNB United Corp.), Investment Agreement (FNB United Corp.), Investment Agreement (Central Pacific Financial Corp)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of to the Closing Date Company as follows:
Appears in 8 contracts
Samples: Purchase Agreement (Imperalis Holding Corp.), Share Purchase Agreement (BeiGene, Ltd.), Share Purchase Agreement (Amgen Inc)
Representations and Warranties of the Investor. The Investor Investor, hereby represents and warrants to the Company that as of the date hereof and as of the Closing Date as followsDate:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Evergy Kansas Central, Inc.), Securities Purchase Agreement (E.W. SCRIPPS Co), Securities Purchase Agreement (Occidental Petroleum Corp /De/)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company that as of the date hereof and as of the Closing Date as followsDate:
Appears in 6 contracts
Samples: Securities Purchase Agreement (Spectrum Pharmaceuticals Inc), Last Out Debt Agreement (Accuride Corp), Subscription Agreement (Smithtown Bancorp Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 6 contracts
Samples: Subscription Agreement (Athene Holding LTD), Subscription Agreement (Athene Holding LTD), Subscription Agreement (Athene Holding LTD)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company Company, as of the date hereof and as of the Closing Date (except for the representations and warranties that are as followsof a specific date, which shall be made as of that date), that:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Highlands Bankshares Inc /Va/), Securities Purchase Agreement (Highlands Bankshares Inc /Va/), Securities Purchase Agreement (Highlands Bankshares Inc /Va/)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Macrogenics Inc), Securities Purchase Agreement (Hale Martin M Jr), Securities Purchase Agreement (Top Image Systems LTD)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the each Closing Date to the Company as follows:follows (unless as of a specific date therein, in which case they shall be accurate as of such date):
Appears in 4 contracts
Samples: Securities Purchase Agreement (Zhibao Technology Inc.), Securities Purchase Agreement (Caravelle International Group), Securities Purchase Agreement (Healthcare Triangle, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company Company, as of the date hereof and as of the Closing Date Date, as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Colfax CORP), Securities Purchase Agreement (Colfax CORP), Securities Purchase Agreement (Colfax CORP)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsto the Company that:
Appears in 3 contracts
Samples: Share Purchase Agreement (Singapore Technologies Telemedia Pte LTD), Share Subscription Agreement (GDS Holdings LTD), Share Purchase Agreement (Athenex, Inc.)
Representations and Warranties of the Investor. The As a material inducement to the Company to enter into and perform its obligations under this Agreement, the Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 3 contracts
Samples: Purchase Agreement, Purchase Agreement (BFC Financial Corp), Purchase Agreement (BBX Capital Corp)
Representations and Warranties of the Investor. The As an inducement to the Company to enter into this Agreement and to consummate the transactions contemplated hereby, the Investor represents and warrants to the Company as of the date hereof and as of the Closing Date Time, as follows:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.), Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.), Stock Purchase Agreement (Scott John K Jr.)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company that as of the date hereof Signing Date and as of the Closing Date as followsDate:
Appears in 3 contracts
Samples: Securities Exchange Agreement, Securities Exchange Agreement, Securities Exchange Agreement (American International Group Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsto the Company and NMI that:
Appears in 2 contracts
Samples: Purchase Agreement (Barnes & Noble Inc), Purchase Agreement (Barnes & Noble Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as follows, as of the date hereof of this Agreement and as of the Closing Date as followsDate:
Appears in 2 contracts
Samples: Exclusive License Agreement (Day One Biopharmaceuticals, Inc.), Exclusive License Agreement (Sutro Biopharma, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company Corporation that as of the date hereof and as of the Closing Date as followsDate:
Appears in 2 contracts
Samples: Subscription Agreement (Tower Financial Corp), Subscription Agreement (Tower Financial Corp)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, on and as of the date hereof and on and as of the Closing Date Date, as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Merck & Co Inc), Stock Purchase Agreement (Foxhollow Technologies, Inc.)
Representations and Warranties of the Investor. The Investor represents hereby makes the following representations and warrants warranties to the Company as of the date hereof Effective Date and as of the Closing Date as followsClosing:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Cytel Corp/De), Stock Purchase Agreement (Sibia Neurosciences Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of on the date hereof and as of on the Closing Date as followsthat:
Appears in 2 contracts
Samples: Securities Purchase Agreement (NRX Pharmaceuticals, Inc.), Securities Purchase Agreement (NRX Pharmaceuticals, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company that as of the date hereof and as of the Closing Date as followsDate:
Appears in 2 contracts
Samples: Investment Agreement (J.C. Flowers II L.P.), Investment Agreement (MF Global Ltd.)
Representations and Warranties of the Investor. The Investor represents hereby represents, warrants and warrants covenants to the Company Company, as of the date hereof and as of the Initial Closing Date Date, as followsfollows and acknowledges that the Company is relying on such representations and warranties in completing its issuance of the Common Shares:
Appears in 2 contracts
Samples: Subscription Agreement (Canopy Growth Corp), Subscription Agreement (Canopy Growth Corp)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the Closing Date as followsDate:
Appears in 2 contracts
Samples: Investment Agreement (Zix Corp), Investment Agreement (CommScope Holding Company, Inc.)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as As of the date hereof and as of the Closing Date as followsClosing, the Investor hereby represents and warrants to and covenants with the Company that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Schuler Jack W), Securities Purchase Agreement (Schuler Tino Hans)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as the date of the Closing Date as followsClosing, that:
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD)
Representations and Warranties of the Investor. The Investor represents makes the following representations and warrants warranties to the Company as of the date hereof and as of the each Closing Date as followsDate:
Appears in 2 contracts
Samples: Investment Agreement (Jaws Technologies Inc /Ny), Investment Agreement (Jaws Technologies Inc /Ny)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the each Closing Date as followsDate:
Appears in 2 contracts
Samples: Investment Agreement (Express, Inc.), Investment Agreement (Verint Systems Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and Company, as of the Closing Date as followsDate, that:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Myrexis, Inc.), Stock Purchase Agreement (Xstelos Holdings, Inc.)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 2 contracts
Samples: Series a Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD), Series a Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD)
Representations and Warranties of the Investor. The Investor Investor, hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 2 contracts
Samples: Subscription and Investor Rights Agreement (Life Sciences Research Inc), Subscription and Investor Rights Agreement (Life Sciences Research Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company and the Issuer Trust that as of the date hereof Signing Date and as of the Closing Date as follows:(or such other date specified herein):
Appears in 2 contracts
Samples: Securities Purchase and Exchange Agreement, Securities Purchase and Exchange Agreement (Gmac Inc.)
Representations and Warranties of the Investor. The Investor hereby, represents and warrants to the Company as of the date hereof and as of the Closing Date as followsDate:
Appears in 2 contracts
Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD)
Representations and Warranties of the Investor. The Investor hereby represents and warrants the following to the Company as of the date hereof hereof, as of the First Closing Date and as of the Second Closing Date (except for the representations and warranties that speak as follows:of a specific date, which shall be made as of such date):
Appears in 2 contracts
Samples: Securities Purchase Agreement (SK Ecoplant Co., Ltd.), Securities Purchase Agreement (Bloom Energy Corp)
Representations and Warranties of the Investor. The Except as Previously Disclosed, the Investor hereby represents and warrants to the Company Company, as of the date hereof of this Agreement and as of the Initial Closing Date as followsDate, that:
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement (Empire Resorts Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof of the Original Investment Agreement (unless expressly stated as of the date hereof, in which case as of the date hereof) and as of the Subsequent Closing Date as followsDate:
Appears in 1 contract
Samples: Investment Agreement (Ii-Vi Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsfollows and acknowledges that the Company is relying on such representations and warranties in entering into this Agreement:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to to, and covenants with, the Company Company, as of the date hereof and as of the Closing Date Date, as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor Investor, hereby represents and warrants to the Company Holdings that as of the date hereof and as of the Closing Date as followsDate:
Appears in 1 contract
Samples: Securities Purchase Agreement (Restaurant Brands International Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:that: 3.1
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as follows:: (a)
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents represents, warrants and warrants to the Company acknowledges as of the date hereof and as of on the Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the each Closing Date as followsDate:
Appears in 1 contract
Samples: Securities Purchase Agreement (Solowin Holdings, Ltd.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date (unless as of a specific date therein) to the Company as follows:
Appears in 1 contract
Samples: Notes Exchange Agreement (Keryx Biopharmaceuticals Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date to the Company as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Roaming Messenger Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as As of the date hereof and as of the Closing Date as followsDate, the Investor represents and warrants to the Company that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Surgery Partners, Inc.)
Representations and Warranties of the Investor. The Investor represents and warrants to and agrees with the Company as of the date hereof and as of the Closing Date as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Ashford Hospitality Trust Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date to the Company as follows:
Appears in 1 contract
Samples: Notes Conversion Agreement (Keryx Biopharmaceuticals Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the First Closing Date as followsDate:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company on and as of the date hereof and as of the Closing Date as followsthat:
Appears in 1 contract
Samples: Purchase Agreement (Id Systems Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof hereof, and as of each Advance Notice Date, as of the date of each Pre-Advance Closing, and at each Closing Date as followsthat:
Appears in 1 contract
Samples: Equity Purchase Facility Agreement (New Era Helium Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to to, and as applicable covenants with, the Company as of the date hereof Effective Date and as of the Closing Date as followsdate of the Closing:
Appears in 1 contract
Samples: Securities Purchase Agreement (Beacon Enterprise Solutions Group Inc)
Representations and Warranties of the Investor. The Investor represents hereby makes the following representations and warrants warranties to the Company as of the date hereof and on and as of the Closing Date as followsDate:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Biodelivery Sciences International Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date to the Company as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company Company, as of the date hereof and as of the Subsequent Closing Date as followsDate:
Appears in 1 contract
Samples: Investment Agreement (Ii-Vi Inc)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company that, as of the date hereof and as of the Closing Date as followsClosing:
Appears in 1 contract
Samples: Securities Purchase Agreement (Tribune Publishing Co)
Representations and Warranties of the Investor. The Investor represents herebyrepresents and warrants to the Company as of the date hereof and as of the Closing Date to the Company as follows:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Initial Closing, and, with respect to the Fundamental Investor Representations and Section 6.5 (Private Placement) only, also as of each of the Subsequent Closing Date as followsDates, that:
Appears in 1 contract
Samples: Securities Purchase Agreement (American Realty Capital Hospitality Trust, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as followsthat:
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Agreement (Alon USA Energy, Inc.)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company and the Placement Agent as of the date hereof and as of the Closing Date as followsDate:
Appears in 1 contract
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date to the Company as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Four Oaks Fincorp Inc)
Representations and Warranties of the Investor. The Investor represents and warrants to the Company as of the date hereof and as of the Closing Date as followsset forth below:
Appears in 1 contract
Samples: Securities Purchase Agreement (China Electronics Holdings, Inc.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company warrants, as of the date hereof and as of the Closing Date Date, to the Company as follows:
Appears in 1 contract
Samples: Equity Purchase Agreement (Arcturus Therapeutics Ltd.)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of the date hereof and as of the Closing Date as if made on the Closing Date as follows:
Appears in 1 contract
Samples: Investment Agreement (The9 LTD)
Representations and Warranties of the Investor. The Investor hereby represents and warrants to the Company as of on the date hereof and as of the Closing Date as follows:
Appears in 1 contract
