Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, that:
Appears in 102 contracts
Samples: Series a Preferred Stock Purchase Agreement (zSpace, Inc.), Subscription Agreement (Tectonic Therapeutic, Inc.), Class a Series 2 Unit Purchase Agreement (Learn SPAC HoldCo, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, as to itself only and for no other Purchaser, represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 81 contracts
Samples: Stock Purchase Agreement (Biomerica Inc), Securities Purchase Agreement (Bitzumi, Inc.), Stock Purchase Agreement (PSM Holdings Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchaser, represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 74 contracts
Samples: Securities Purchase Agreement (PSQ Holdings, Inc.), Securities Purchase Agreement (Rocky Mountain Chocolate Factory, Inc.), Securities Purchase Agreement (Traws Pharma, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 43 contracts
Samples: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc), Note Purchase Agreement (Cicero, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally for itself, and not jointly with the other Purchasers, represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 30 contracts
Samples: Warrant and Common Stock Purchase Agreement (Enova Systems Inc), Warrant and Common Stock Purchase Agreement (Protalex Inc), Securities Purchase Agreement (Advancis Pharmaceutical Corp)
Representations and Warranties of the Purchasers. Each Purchaser In connection with the transactions contemplated by this Agreement, each Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 21 contracts
Samples: Convertible Note Purchase Agreement (ASP Isotopes Inc.), Convertible Note Purchase Agreement (ASP Isotopes Inc.), Convertible Note Purchase Agreement (Guerrilla RF, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby for itself and for no other Purchaser represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 18 contracts
Samples: Convertible Preferred Stock Purchase Agreement (E Digital Corp), Convertible Debenture Purchase and Exchange Agreement (Moneyzone Com), Convertible Preferred Stock and Common Stock Warrant Purchase Agreement (Syscan Imaging Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, represents and warrants to the Company that:
Appears in 18 contracts
Samples: Subscription Agreement (ARCA Biopharma, Inc.), Subscription Agreement (Korro Bio, Inc.), Subscription Agreement (ARCA Biopharma, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser ------------------------------------------------ hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 17 contracts
Samples: Series a Preferred Stock Purchase Agreement (Avantgo Inc), Series B Preferred Stock Purchase Agreement (Avantgo Inc), Joint Venture Agreement (Chemdex Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointly, thatto the Company as follows, as of the date hereof:
Appears in 14 contracts
Samples: Optional Share Purchase Agreement (Starboard Value Acquisition Corp.), Optional Share Purchase Agreement (Starboard Value Acquisition Corp.), Forward Purchase Agreement (Panacea Acquisition Corp. II)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally (as to itself) and not jointly, thatto the Company as follows:
Appears in 13 contracts
Samples: Securities Purchase Agreement (Wilson Holdings, Inc.), Securities Purchase Agreement (Gran Tierra Energy, Inc.), Securities Purchase Agreement (Gran Tierra Energy, Inc.)
Representations and Warranties of the Purchasers. Each The Purchaser hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 12 contracts
Samples: Unit Subscription Agreement (Bison Capital Acquisition Corp.), Unit Subscription Agreement (Bison Capital Acquisition Corp.), Unit Subscription Agreement (Bison Capital Acquisition Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally (and not jointly) represents and warrants to the Company, severally and not jointly, Company solely as to such Purchaser that:
Appears in 12 contracts
Samples: Securities Purchase Agreement (Imac Holdings LLC), Securities Purchase Agreement (hopTo Inc.), Exercise Agreement (Graphon Corp/De)
Representations and Warranties of the Purchasers. Each Purchaser The Purchasers hereby represents represent and warrants warrant to the Company, severally and not jointly, thatCompany as follows:
Appears in 11 contracts
Samples: Stock Purchase Agreement (Opexa Therapeutics, Inc.), Stock Purchase Agreement (Strativation, Inc.), Convertible Debenture Purchase Agreement (Invu Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointly, thatto the Company as follows:
Appears in 11 contracts
Samples: Securities Purchase Agreement (Harbinger Group Inc.), Common Stock Purchase Agreement (Curis Inc), Common Stock Purchase Agreement (Curis Inc)
Representations and Warranties of the Purchasers. Each The Purchaser hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 11 contracts
Samples: Convertible Promissory Note Purchase Agreement (Antelope Enterprise Holdings LTD), Convertible Promissory Note Purchase Agreement (Antelope Enterprise Holdings LTD), Stock Purchase Agreement (Tru Shrimp Companies, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 11 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Photoworks Inc /Wa), Securities Purchase Agreement (Sunpharm Corporation), Purchase Agreement (Inverness Phoenix Partners Lp)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchaser, represents and warrants to the Company, severally Company and not jointly, thatthe Placement Agent as follows:
Appears in 9 contracts
Samples: Securities Purchase Agreement (HydroGen CORP), Securities Purchase Agreement (Valentis Inc), Securities Purchase Agreement (Valentis Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, that:as follows (such representations and warranties do not lessen or obviate the representations and warranties of the Company set forth in this Agreement):
Appears in 9 contracts
Samples: Series D 4 Convertible Preferred Stock and Warrant Purchase Agreement (Inphonic Inc), Series E Convertible Preferred Stock and Warrant Purchase Agreement (Inphonic Inc), Series D Convertible Preferred Stock Purchase Agreement (Inphonic Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, that:
Appears in 8 contracts
Samples: Ordinary Share Purchase Agreement (Theravance Biopharma, Inc.), Subordinated Note and Common Stock Purchase Agreement (Horne International, Inc.), Purchase Agreement (Micros to Mainframes Inc)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents makes the following representations and warrants warranties to the Company, severally Company with respect solely to itself and not jointly, thatwith respect to any other Purchasers:
Appears in 8 contracts
Samples: Purchase Agreement (Vitacost.com, Inc.), Purchase Agreement (Great Hill Investors LLC), Securities Purchase Agreement (Secure Computing Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby separately but not jointly represents and warrants to the Company, severally and not jointly, Company that:
Appears in 8 contracts
Samples: Series B Preferred Shares Purchase Agreement (360 Finance, Inc.), Series B Preferred Shares Purchase Agreement (360 Finance, Inc.), Series B Preferred Shares Purchase Agreement (360 Finance, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby severally, and not jointly, represents and warrants to the Company, severally and not jointly, Company that:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Jiuzi Holdings, Inc.), Subordination Agreement (Overland Storage Inc), Securities Purchase Agreement (Santo Mining Corp.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, thatCompany with respect to its purchase of the Shares as follows:
Appears in 6 contracts
Samples: Stock Purchase Agreement (Avanex Corp), Series B Preferred Stock Purchase Agreement (MMC Networks Inc), Stock Purchase Agreement (Avanex Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents makes the following representations and warrants warranties to the Company, severally Company with respect solely to itself and not jointly, thatwith respect to any other Purchaser:
Appears in 6 contracts
Samples: Securities Purchase Agreement (Colombia Clean Power & Fuels, Inc), Series a Convertible Preferred Stock Purchase Agreement (United National Film Corp), Series B Convertible Preferred Stock Purchase Agreement (Astrata Group Inc)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers (severally and not jointly), hereby represents and warrants to and agrees with the Company, severally and not jointly, thatas follows:
Appears in 6 contracts
Samples: Series B Convertible Preferred and Series C Preferred Stock Purchase Agreement (Cahill Edward L), Securities Purchase Agreement (California Culinary Academy Inc), Securities Purchase Agreement (Cahill Edward L)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally (and not jointly) represents and warrants to the Company, severally and not jointly, Company that:
Appears in 6 contracts
Samples: Subscription Agreement (Ricex Co), Purchase Agreement (Ifx Corp), Purchase Agreement (Ubs Capital Americas Iii Lp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companyhereby, severally and not jointly, that:makes the following representations and warranties to the Company.
Appears in 6 contracts
Samples: Convertible Debenture Purchase Agreement (Fix Corp International Inc), Convertible Debenture Purchase Agreement (Fix Corp International Inc), Convertible Debenture Purchase Agreement (Fix Corp International Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 6 contracts
Samples: Contribution and Unit Purchase Agreement (Nuvve Holding Corp.), Subscription Agreement (Dream Finders Homes, Inc.), Securities Purchase Agreement (Quanta Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, thatrepresents and warrants to the Company with respect to such Purchaser as follows:
Appears in 6 contracts
Samples: Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Appaloosa Management Lp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, each as to itself severally and not jointly, that:
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (LMP Automotive Holdings Inc.), Common Stock Purchase Agreement (LMP Automotive Holdings Inc.), Common Stock Purchase Agreement (LMP Automotive Holdings Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchaser, represents and warrants to the Company, severally Company and not jointly, thatthe Placement Agents as follows:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Pieris Pharmaceuticals, Inc.), Securities Purchase Agreement (Pieris Pharmaceuticals, Inc.), Securities Purchase Agreement (BiomX Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers represents and warrants to the Company, severally and not jointly, thatCompany as to itself as follows:
Appears in 5 contracts
Samples: Note Purchase Agreement (Delicious Brands Inc), Stock Purchase Agreement (Delicious Brands Inc), Stock Purchase Agreement (Ardinger Horace T Jr)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointly, to the Company that:
Appears in 5 contracts
Samples: Subordinated Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.), Subordinated Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.), Series E and Series E 2 Preferred Stock and Warrant Purchase Agreement
Representations and Warranties of the Purchasers. Each Purchaser ------------------------------------------------ hereby for itself and for no other Purchaser represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 5 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Dataware Technologies Inc), Securities Purchase Agreement (Aquatic Cellulose International Corp), Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Viasat Inc), Merger Agreement (Market America Inc), Common Stock Purchase Agreement (Paging Partners Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents represents, warrants and warrants covenants to the Company, severally and not jointly, Company that:
Appears in 4 contracts
Samples: Secured Convertible Note and Warrant Purchase Agreement (Bonds.com Group, Inc.), Secured Convertible Note and Warrant Purchase Agreement (Bonds.com Group, Inc.), Secured Convertible Note and Warrant Purchase Agreement (Bonds.com Group, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, thatjointly to the Company as follows:
Appears in 4 contracts
Samples: Subscription Agreement (Innovate Biopharmaceuticals, Inc.), Subscription Agreement (Opexa Therapeutics, Inc.), Subscription Agreement (Signal Genetics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the CompanyCompany with respect to himself, severally and not jointly, thatherself or itself as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Wizzard Software Corp /Co), Securities Purchase Agreement (Sino Clean Energy Inc), Securities Purchase Agreement (Sino Clean Energy Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, for itself and for no other Purchaser, hereby represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Emmaus Life Sciences, Inc.), Securities Purchase Agreement (Impac Mortgage Holdings Inc), Stock Purchase Agreement (Cheniere Energy Inc)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Company, severally and but not jointly, thatas follows:
Appears in 4 contracts
Samples: Share Purchase Agreement (Viryanet LTD), Share Purchase Agreement (Viryanet LTD), Share Purchase Agreement (Viryanet LTD)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, for itself, hereby severally represents and warrants to the Company, severally and not jointly, thatSeller as follows:
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Langer Inc), Preferred Stock and Warrant Purchase Agreement (Orthovita Inc), Preferred Stock and Warrant Purchase Agreement (Orthovita Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally but not jointly, hereby represents and warrants to the CompanyCompany with respect to its purchase of the Shares, severally the Series C Warrants and not jointlythe Common Warrants, thatas follows:
Appears in 3 contracts
Samples: Subscription Agreement (Covad Communications Group Inc), Subscription Agreement (Covad Communications Group Inc), Subscription Agreement (Covad Communications Group Inc)
Representations and Warranties of the Purchasers. Each Purchaser The Purchasers hereby severally and not jointly represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Happiness Development Group LTD), Securities Purchase Agreement (Happiness Biotech Group LTD), Securities Purchase Agreement (Happiness Biotech Group LTD)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby severally, and not jointly, represents and warrants to the Company, severally Company and not jointly, the Placement Agents that:
Appears in 3 contracts
Samples: Series a Note Purchase Agreement (Storm Cat Energy CORP), Series a Note Purchase Agreement (Storm Cat Energy CORP), Series B Note Purchase Agreement (Storm Cat Energy CORP)
Representations and Warranties of the Purchasers. 42 Each Purchaser hereby represents and warrants to the Company, severally and not jointly, that:
Appears in 3 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement
Representations and Warranties of the Purchasers. Each Purchaser hereby ------------------------------------------------ severally (and not jointly) represents and warrants to the Company, severally and not jointly, Company that:
Appears in 3 contracts
Samples: Purchase Agreement (Ifx Corp), Purchase Agreement (Ifx Corp), Purchase Agreement (Ifx Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally (as to itself only and not as to any other Purchaser) represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Nibiru Capital Management Ltd.), Securities Purchase Agreement (Wireless Age Communications Inc), Securities Purchase Agreement (Infinity Capital Group Inc)
Representations and Warranties of the Purchasers. Each Purchaser ------------------------------------------------ hereby severally represents and warrants to the Company, severally and not jointly, Company that:
Appears in 3 contracts
Samples: Series D Preferred Stock Purchase Agreement (Preview Systems Inc), Series G Preferred Stock Purchase Agreement (Preview Systems Inc), Series F Preferred Stock Purchase Agreement (Preview Systems Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby, for itself and for no other Purchaser, hereby represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Global Water Resources, Inc.), Securities Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (Accelerate Diagnostics, Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companyhereby, severally and not jointly, represents and warrants to the Company that:
Appears in 3 contracts
Samples: Series B Preferred Stock Purchase Agreement (Energy Exploration Technologies, Inc.), Unit Subscription Agreement (Chenghe Acquisition II Co.), Unit Subscription Agreement (Chenghe Acquisition II Co.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyThe Purchasers hereby, severally and not jointly, thatrepresent and warrant to the Company as follows:
Appears in 3 contracts
Samples: Purchase Agreement (Logimetrics Inc), Purchase Agreement (Logimetrics Inc), Purchase Agreement (Brand Charles S)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants warrants, solely with respect to itself and no in regards to any other Purchaser, to the Company, severally and not jointly, Company that:
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (BTCS Inc.), Convertible Note Purchase Agreement (BTCS Inc.), Convertible Note Purchase Agreement (Bitcoin Shop Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, thathereby represents and warrants to, and agrees with, the Company as follows:
Appears in 3 contracts
Samples: Note Purchase Agreement (Clene Inc.), Note Purchase Agreement (Gemphire Therapeutics Inc.), Note Purchase Agreement (Gemphire Therapeutics Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, thatrepresents and warrants to the other parties hereto as follows:
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Gp Strategies Corp), Note Purchase Agreement (National Patent Development Corp), Note Purchase Agreement (National Patent Development Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 3 contracts
Samples: Securities Purchase and Stockholders' Agreement (Phoenix Racing Inc), Series B Preferred Stock and Warrant Purchase Agreement (Monitronics International Inc), Securities Purchase and Stockholders' Agreement (California Tire Co)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company that:
Appears in 3 contracts
Samples: Exchange Agreement (Kennedy Wilson Inc), Stock Purchase Agreement (Zengine Inc), Equity Financing Agreement (American International Petroleum Corp /Nv/)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, represents and warrants to the Company (with respect to itself only and not any other Purchaser), as of the Closing, that:
Appears in 3 contracts
Samples: Secured Convertible Note Purchase Agreement (H-Cyte, Inc.), Note Purchase Agreement (FWHC Holdings, LLC), Secured Convertible Note and Warrant Purchase Agreement (H-Cyte, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly, represents and warrants to the Company, severally and not jointlyas to itself only, thatas follows:
Appears in 3 contracts
Samples: Unit Purchase Agreement (Live Current Media Inc.), Unit Purchase Agreement (Phreadz, Inc.), Unit Purchase Agreement (Atwood Minerals & Mining CORP.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to of the Company, Purchasers severally and not jointly, thatjointly hereby makes the following representations and warranties to the Company with respect solely to itself and not with respect to any other Purchaser:
Appears in 3 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Ortec International Inc), Convertible Preferred Stock Purchase Agreement (Urigen Pharmaceuticals, Inc.), Series C Convertible Preferred Stock Purchase Agreement (Vycor Medical Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, ------------------------------------------------ severally and not jointly, represents and warrants to the Company, severally and not jointly, thatCompany with respect to the purchase of the Shares as follows:
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (Quicklogic Corporation), Series E Preferred Stock Purchase Agreement (Quicklogic Corporation)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents Purchaser, individually and severally, represents, warrants and covenants to the Company, severally and not jointly, thatCompany as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wet Seal Inc), Securities Purchase Agreement (Clinton Group Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally, but not jointly, represents and warrants to the Company, severally and not jointly, thatCompany solely to itself as follows:
Appears in 2 contracts
Samples: Note Purchase Agreement (Driftwood Ventures, Inc.), Note Purchase Agreement (Driftwood Ventures, Inc.)
Representations and Warranties of the Purchasers. Each In connection with the transactions provided for herein, each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement (Roth CH Acquisition IV Co.), Series D Preferred Stock Purchase Agreement (Neothetics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly represents and warrants to the Company, severally and not jointly, thatSeller as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dealertrack Technologies, Inc), Stock Purchase Agreement (Zapata Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby The Purchasers represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Gastar Exploration Inc.), Securities Purchase Agreement (Gastar Exploration Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, hereby represents and warrants to the Company, severally and not jointly, thatCompany with respect to itself or himself as follows:
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Sheldahl Inc), Convertible Preferred Stock Purchase Agreement (Molex Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby ------------------------------------------------ hereby, severally and not jointly and severally, represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Series C Preferred Stock Purchase Agreement (Loudeye Technologies Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers represents and warrants to the Companywarrants, severally and not jointly, thatto the Company as follows as to itself only:
Appears in 2 contracts
Samples: Subscription Agreement (Front Royal Inc), Subscription Agreement (Front Royal Inc)
Representations and Warranties of the Purchasers. Each The Purchaser hereby represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 2 contracts
Samples: Stockholders' Agreement (Phoenix Racing Inc), Securities Purchase Agreement (Leukosite Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, thatCompany with respect to such Purchaser as follows:
Appears in 2 contracts
Samples: Debenture Purchase Agreement (Smart for Life, Inc.), Debenture Purchase Agreement (Smart for Life, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants with respect to itself to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Share Subscription Agreement (Ruipeng Pet Group Inc.), Share Subscription Agreement (Ruipeng Pet Group Inc.)
Representations and Warranties of the Purchasers. Each Purchaser ------------------------------------------------ hereby represents and warrants to the Company, severally and not jointly, Company with respect to itself that:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Drugstore Com Inc), Preferred Stock Purchase Agreement (Drugstore Com Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, with respect to itself and its purchase hereunder, that:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Memory Pharmaceuticals Corp), Stock Purchase Agreement (Memory Pharmaceuticals Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp), Stock Purchase Agreement (Tombstone Exploration Corp)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, ------------------------------------------------ severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Avantgo Inc), Series D Preferred Stock Purchase Agreement (Avantgo Inc)
Representations and Warranties of the Purchasers. Each Except as set forth in Section 4.10, each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointly, thatto the Company as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (HC2 Holdings, Inc.), Securities Purchase Agreement (HC2 Holdings, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally for itself, and not jointly with the other Purchasers, represents and warrants to to, and covenants with, the Company, severally and not jointly, thatCompany as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Corixa Corp), Securities Purchase Agreement (Corixa Corp)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Companywarrants, severally individually and not jointly, thatto the Company that with respect to only itself:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Acorn Energy, Inc.), Common Stock Purchase Agreement (Acorn Energy, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, individually, hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Series a Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (Bakbone Software Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanySellers, severally and not jointlyjointly and severally, thatas follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ares Management LLC), Stock Purchase Agreement (Infrastructure & Energy Alternatives, LLC)
Representations and Warranties of the Purchasers. Each Except with respect to Section 4.10(b), each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointly, thatto the Company as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hudson Bay Capital Management LP), Securities Purchase Agreement (HC2 Holdings, Inc.)
Representations and Warranties of the Purchasers. Each The Purchaser hereby represents and warrants to the Company, severally and not jointly, that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pacifichealth Laboratories Inc), Series a Preferred Stock Purchase Agreement (Pacifichealth Laboratories Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Infinity Cross Border Acquisition Corp), Warrant Purchase Agreement (Infinity Cross Border Acquisition Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, as to itself only and for no other Purchaser, severally but not jointly, represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 2 contracts
Samples: Purchase Agreement (Westwood One Inc /De/), Purchase Agreement (Westwood One Inc /De/)
Representations and Warranties of the Purchasers. Each Purchaser -------------------------------------------------- hereby for itself and for no other Purchaser represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 2 contracts
Samples: Convertible Debenture Purchase Agreement (Amanda Co Inc), Convertible Debenture Purchase Agreement (Amanda Co Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly represents and warrants to the Company, severally and not jointly, that:
Appears in 2 contracts
Samples: Purchase Agreement (Camden Partners Strategic Ii LLC), Series B Preferred Stock Purchase Agreement (Camden Partners Strategic Ii LLC)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, that:: β
Appears in 2 contracts
Samples: Unit Purchase Agreement (ProMIS Neurosciences Inc.), Series Seed Preferred Stock Purchase Agreement (Digital Brands Group, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, solely with respect to such Purchaser, that:
Appears in 2 contracts
Samples: Note, Warrant, and Preferred Stock Purchase Agreement (Sacks Bradley J.), Note, Warrant, and Preferred Stock Purchase Agreement (ULURU Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointlyJointly, that:;
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Anterios Inc), Series a Preferred Stock Purchase Agreement (Anterios Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents represents, warrants and warrants covenants to the Company, severally and not jointly, Corporation that:
Appears in 2 contracts
Samples: Stock Purchase Agreement (U S Plastic Lumber Corp), Stock Purchase Agreement (Faxsav Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, that:
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Arrowhead Research Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents The Purchasers represent and warrants warrant to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Geoworks /Ca/), Stock Purchase Agreement (Geoworks /Ca/)
Representations and Warranties of the Purchasers. Each Purchaser severally, and not jointly, hereby represents and warrants to the Company, severally and not jointly, thatCompany as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Global Clean Energy Holdings, Inc.), Common Stock and Warrant Purchase Agreement (Photoworks Inc /Wa)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally (as to such Purchaser only) and not jointly, thatto the Company as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ibasis Inc), Securities Purchase Agreement (First Avenue Networks Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, thatrepresents and warrants to the Corporation as follows:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Rapid7, Inc.), Series F Preferred Stock Purchase Agreement (Kos Pharmaceuticals Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly represents and warrants as to itself and not as to the Company, severally and not jointly, thatother Purchasers as follows:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Nationsrent Inc), Preferred Stock Purchase Agreement (Morgan J P & Co Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, ------------------------------------------------ severally and not jointly, represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Onvia Com Inc), Series B Preferred Stock Purchase Agreement (Onvia Com Inc)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Company, severally and not jointly, Company that:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Basil Street Cafe, Inc.), Preferred Stock Purchase Agreement (Basil Street Cafe, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser The Purchasers hereby represents represent and warrants warrants, jointly and severally, to the Company, severally and not jointly, thatCompany as follows:
Appears in 1 contract
