Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Cabletron Systems Inc), Securities Purchase Agreement (Riverstone Networks Inc), Securities Purchase Agreement (Aprisma Management Technologies Inc)
Representations and Warranties of the Investors. Each Investor hereby Investor, severally and not jointly and severally, represents and warrants to the Company, severally with respect solely to itself (Company at and not jointly with the other Investors), as of the date hereof and also at and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 4 contracts
Samples: Investment Agreement (O'Gara Group, Inc.), Investment and Recapitalization Agreement (O'Gara Group, Inc.), Investment Agreement (O'Gara Group, Inc.)
Representations and Warranties of the Investors. Each Investor severally, but not jointly, hereby represents and warrants to the Company, severally with Company in respect solely to itself (and not jointly with the other Investors)of itself, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)hereunder, as follows:
Appears in 4 contracts
Samples: Series C 1 Preferred Share Purchase Agreement (NetQin Mobile Inc.), Series C Preferred Share Purchase Agreement (NetQin Mobile Inc.), Series C 1 Preferred Share Purchase Agreement (NetQin Mobile Inc.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as follows:
Appears in 3 contracts
Samples: Agreement (Goldman Sachs Group Inc), Investment Agreement (Hexcel Corp /De/), Investment Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
Representations and Warranties of the Investors. Each Investor (with respect to itself only) hereby represents and warrants to the Company, severally with respect solely to itself (Company and not jointly agrees with the other Investors)Company that, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsExecution Date:
Appears in 2 contracts
Samples: Securities Purchase Agreement (VeriChip CORP), Securities Purchase Agreement (Applied Digital Solutions Inc)
Representations and Warranties of the Investors. Each Investor Investor, as to those representations and warranties that are applicable to such Investor, hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Xo Communications Inc), Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp)
Representations and Warranties of the Investors. Each Investor Investor, as to those representations and warranties that are applicable to each such Investor, hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Xo Communications Inc), Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp)
Representations and Warranties of the Investors. Each Investor hereby Investor, severally and not jointly, represents and warrants to the Company, severally with respect solely as to itself (and not jointly with the other Investors)such Investor, that as of at the date hereof given above and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc), Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Representations and Warranties of the Investors. Each Investor hereby of the Investors severally, and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Capella Education Co), Stock Purchase Agreement (Capella Education Co)
Representations and Warranties of the Investors. Each Investor of the Investors hereby independently and separately, but not jointly, represents and warrants to the Company, severally Company merely with respect solely to itself (and not jointly with the other Investors), as follows as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Samples: Series a Share Purchase Agreement (NaaS Technology Inc.)
Representations and Warranties of the Investors. Each Investor Investor, severally and not jointly, hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)hereunder, as follows:to itself only that the following representations and warranties are true, accurate and complete.
Appears in 1 contract
Samples: Series C Preferred Share Subscription Agreement (Xunlei LTD)
Representations and Warranties of the Investors. Each Investor of the Investors hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the respect to any other Investors)Investor, as follows as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cinedigm Digital Cinema Corp.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants warrants, only with respect to itself, severally and not jointly, to the Company, severally with respect solely to itself (and not jointly with the other Investors), Representing Persons as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor of the Investors, severally and not jointly, hereby represents and warrants to the Company, severally with respect solely to itself (Company as follows on and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followshereof:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor Investor, severally for itself and not jointly with the other Investors hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of Company on the date hereof and as of on the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (only, severally and not jointly with the other Investors)jointly, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Date, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor hereby hereby, severally and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date in which such Investor purchases Units hereunder (except to for the extent otherwise expressly stated hereinrepresentations and warranties that speak as of a specific date, which shall be made as of such date), as follows:
Appears in 1 contract
Samples: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Representations and Warranties of the Investors. Each Investor hereby severally represents and warrants (as to itself, himself or herself only) to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)each Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor hereby hereby, severally and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to for the extent otherwise expressly stated herein)representations and warranties that speak as of a specific date, which shall be made as of such date) as follows:
Appears in 1 contract
Samples: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Representations and Warranties of the Investors. Each Investor Investor, severally and not jointly, hereby represents and warrants to the Company, severally with respect solely as follows as to itself (only and not jointly with the as to any other Investors)Investor, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Samples: Securities Purchase Agreement (Republic Companies Group, Inc.)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants warrants, severally and not jointly, to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Samples: Series C Preferred Share Subscription Agreement (7 Days Group Holdings LTD)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the Company, severally with respect solely to itself (and not jointly and with the other Investors)respect to itself only, as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein)Closing, as followsthat:
Appears in 1 contract
Representations and Warranties of the Investors. Each Investor hereby Investor, severally for itself, and not jointly with the other Investors, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), that as of the date hereof of this Agreement and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Samples: Stock Subscription and Registration Rights Agreement (Peplin Inc)
Representations and Warranties of the Investors. Each Investor hereby Investor, separately and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:
Appears in 1 contract
Samples: Investment Agreement (American Natural Energy Corp)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants as to itself only as of the date hereof, severally and not jointly, to the Company, severally with respect solely to itself (and not jointly with the other Investors), as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as follows:set forth below.
Appears in 1 contract
Samples: Backstop Conversion Commitment Agreement (Global Geophysical Services Inc)
Representations and Warranties of the Investors. Each Investor hereby Investor, in connection with purchases of Membership Interests hereunder, severally but not jointly, represents and warrants solely with respect to itself to the Company, severally with respect solely Company and to itself (and not jointly with the other Investors), as of the date hereof and Investors as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 1 contract
Samples: Subscription Agreement (Ensource Energy Income Fund LP)
Representations and Warranties of the Investors. Each Investor hereby Investor, severally and not jointly, represents and warrants to the Company, severally with respect Company solely as to itself (and not jointly with the other Investors), such Investor that as of at the date hereof given above and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsDate:
Appears in 1 contract
Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Representations and Warranties of the Investors. Each Investor hereby represents and warrants to the CompanyGroup Companies, severally with in respect solely to itself (and not jointly with the other Investors)of itself, as of the date hereof hereof, severally and as of the Closing Date (except to the extent otherwise expressly stated herein)not jointly, as follows:
Appears in 1 contract
Samples: Option and Series D+ Preference Shares Purchase Agreement (LinkDoc Technology LTD)
Representations and Warranties of the Investors. Each Investor hereby severally, and not jointly, represents and warrants to the Company, severally with respect solely to itself (and not jointly with the other Investors), Company as of the date hereof and as of the Closing Date (except to the extent otherwise expressly stated herein), as followsthat:
Appears in 1 contract
Samples: Subscription Agreement (TNPC Inc)