Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 12 contracts
Samples: Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsInvestor, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Marinus Pharmaceuticals Inc), Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Biolase, Inc)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor, severally and not jointly, hereby represents and warrants to that as of the date hereof and covenants with as of the Company thatdate of the Closing:
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Endeavor Group Holdings, Inc.), Common Stock Purchase Agreement (Endeavor Group Holdings, Inc.), Common Stock Purchase Agreement (Asante Solutions, Inc.)
Representations and Warranties of the Investors. As The Investors, jointly and severally, hereby represent and warrant to the Company that as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company that as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Inseego Corp.), Securities Purchase Agreement (Inseego Corp.), Securities Purchase Agreement (Inseego Corp.)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor hereby, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas of the date hereof and the Closing Date:
Appears in 3 contracts
Samples: Securities Purchase Agreement (CBAK Energy Technology, Inc.), Securities Purchase Agreement (China Bak Battery Inc), Securities Purchase Agreement (Sutor Technology Group LTD)
Representations and Warranties of the Investors. As Each Investor, severally and not jointly, represents and warrants to the Company, as of the date hereof and as of the ClosingClosing Date, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas follows:
Appears in 3 contracts
Samples: Investment Agreement (iQIYI, Inc.), Investment Agreement (Baidu, Inc.), Investment Agreement (Pacific Alliance Group LTD)
Representations and Warranties of the Investors. As Each Investor, jointly and severally, represents and warrants to the Company, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 3 contracts
Samples: Investment Agreement (Blackstone Tactical Opportunities Management Associates (Cayman) - NQ L.P.), Investment Agreement (VNET Group, Inc.), Investment Agreement (21Vianet Group, Inc.)
Representations and Warranties of the Investors. As Each of the date hereof Investors hereby severally, and not jointly, represents and warrants to the Company on and as of the ClosingSigning Date and on the applicable Closing Date, each of the Investors, severally knowing and not jointly, hereby represents and warrants to and covenants with intending that the Company rely thereon, that:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Representations and Warranties of the Investors. As Each of the Investors hereby represents, warrants and covenants, as of the date hereof and as of the ClosingClosing Date, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 2 contracts
Samples: Exchange Agreement (CARGO Therapeutics, Inc.), Exchange Agreement (Milestone Pharmaceuticals Inc.)
Representations and Warranties of the Investors. As of the date hereof and as of the Initial Closing, each of the InvestorsInvestors hereby severally, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 2 contracts
Samples: Bridge Note Purchase Agreement (Corgi International LTD), Bridge Note Purchase Agreement (Consor Capital II LP)
Representations and Warranties of the Investors. As Each Investor, severally and not jointly, represents and warrants to the Company, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 2 contracts
Samples: Investment Agreement (Centurium Capital Partners 2018, L.P.), Investment Agreement (Luckin Coffee Inc.)
Representations and Warranties of the Investors. As Each of the date hereof Investors hereby severally, and not jointly, represents and warrants to the Company on and as of the ClosingSigning Date and on the applicable Closing Date, each of the Investors, severally knowing and not jointly, hereby represents and warrants to and covenants with intending that the Company is relying thereon, that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cig Wireless Corp.), Purchase Agreement (Glycogenesys Inc)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each Each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas 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 Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor, severally and but not jointly, hereby represents and warrants to and covenants with the Company as of the date of each Closing that:
Appears in 2 contracts
Samples: Series 4 a Convertible Preferred Stock Purchase Agreement (Vsource Inc), Convertible Preferred Stock Purchase Agreement (Vsource Inc)
Representations and Warranties of the Investors. As of the date hereof Each Investor hereby represents and as of the Closing, each of the Investorswarrants, severally and not jointly, hereby represents and warrants as of the Initial Closing Date, to and covenants with the Company thatas follows:
Appears in 2 contracts
Samples: Series B Preferred Share Purchase Agreement (Entera Bio Ltd.), Series B Preferred Share Purchase Agreement (Entera Bio Ltd.)
Representations and Warranties of the Investors. As of the date hereof and as of the ClosingThe Investors hereby ----------------------------------------------- severally, each of the Investors, severally and not jointly, hereby represents represent and warrants warrant to and covenants with the Company as to itself or himself that, as of the Closing Date:
Appears in 1 contract
Samples: Investor Securities Purchase Agreement (Muzak Holdings Finance Corp)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company as of the date hereof of this Agreement and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company Closing that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Eliem Therapeutics, Inc.)
Representations and Warranties of the Investors. As Each Investor hereby, as to itself only and for no other Investor, represents and warrants to the Company as follows, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 1 contract
Samples: Securities Purchase and Registration Rights Agreement (Four Rivers Bioenergy Inc.)
Representations and Warranties of the Investors. As Each Investor hereby, for itself, severally and not jointly, represents and warrants to the Company as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants Closing Date to and covenants with the Company thatas follows:
Appears in 1 contract
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the Investors, severally and not jointly, Each Investor hereby represents and warrants to and covenants with the Company that, as of the date hereof:
Appears in 1 contract
Samples: Exchange Agreement (Amyris, Inc.)
Representations and Warranties of the Investors. As of the date hereof and as of the Closing, each of the InvestorsEach Investor, severally and not jointly, hereby represents and warrants to and covenants with the Company thatas of the date of the Closing, as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement
Representations and Warranties of the Investors. As Each of the date hereof and as of the ClosingInvestors hereby severally, each of the Investors, severally and but not jointly, hereby represents and warrants to and covenants with the Company thatas of the Closing Date, as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Sorrento Therapeutics, Inc.)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company that, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 1 contract
Representations and Warranties of the Investors. As Each Investor hereby severally, and not jointly, represents and warrants to the Company, the Placement Agents and the Advisor that, as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date as follows:
Appears in 1 contract
Representations and Warranties of the Investors. As Each Investor severally and not jointly represents and warrants to the Company as follows as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Intek Information Inc)
Representations and Warranties of the Investors. As Each Investor hereby represents and warrants to the Company, severally and not jointly, the following as of the date hereof and as of the Closing, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company thatClosing Date:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Eiger BioPharmaceuticals, Inc.)
Representations and Warranties of the Investors. As Each of the Investors hereby severally, and not jointly, represents and warrants to the Company as of the date hereof and as of the ClosingClosing Date, each of the Investors, severally and not jointly, hereby represents and warrants to and covenants with the Company that:
Appears in 1 contract
Samples: Purchase Agreement (Caprius Inc)
