Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, as follows:
Appears in 14 contracts
Samples: Stock Purchase Agreement (Xo Holdings Inc), Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp), Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Equ MGMT Buyout Part Vi Lp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, as follows:.
Appears in 9 contracts
Samples: Stock Purchase Agreement, Preferred Stock Investment Agreement (Tivic Health Systems, Inc.), Stock Purchase Agreement (International Western Petroleum, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers represents and warrants to the CompanySeller, severally and but not jointly, as of the date hereof and follows as of the Closing, as followsClosing Date:
Appears in 8 contracts
Samples: Purchase and Sale Agreement (Orogen Energy, Inc.), Purchase and Sale Agreement (Orogen Energy, Inc.), Purchase and Sale Agreement (Orogen Energy, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyCompany as to itself severally, severally and not jointlyjointly as to any other Purchaser, as of the date hereof and as of the Closinghereof, as follows:
Appears in 8 contracts
Samples: Securities Purchase Agreement (Ucap Inc), Securities Purchase Agreement (Chase Venture Capital Associates L P), Securities Purchase Agreement (Hanger Orthopedic Group Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 6 contracts
Samples: Share Purchase Agreement (Ekso Bionics Holdings, Inc.), Purchase Agreement (Puissance Cross-Border Opportunities II LLC), Purchase Agreement (Ekso Bionics Holdings, Inc.)
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 as of the date hereof and as of the Closing, as follows:
Appears in 6 contracts
Samples: Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Colorado Greenhouse Holdings Inc), Stock Purchase Agreement (P F Changs China Bistro Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for such Purchaser and for no other Purchaser, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of each Closing Date to the Closing, Company as follows:
Appears in 5 contracts
Samples: Securities Purchase Agreement (World Surveillance Group Inc.), Securities Purchase Agreement (World Surveillance Group Inc.), Securities Purchase Agreement (World Surveillance Group Inc.)
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 as of the date hereof and as of the Closing, as follows:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Glaxosmithkline PLC), Series B Preferred Stock Purchase Agreement (New Athletics, Inc.), Series B Preferred Stock Purchase Agreement (New Athletics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as followsEffective Date:
Appears in 5 contracts
Samples: American Depositary Shares Purchase Agreement, American Depositary Shares Purchase Agreement (Insignia Solutions PLC), American Depositary Shares Purchase Agreement (Insignia Solutions PLC)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, as followsCompany that:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Global Asset Holdings Inc), Securities Purchase Agreement (Workstream Inc), Series a Convertible Preferred Stock Purchase Agreement (Eccs 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, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (P3 Health Partners Inc.), Securities Purchase Agreement (Chicago Pacific Founders UGP, LLC), Securities Purchase Agreement (P3 Health Partners Inc.)
Representations and Warranties of the Purchasers. Each Purchaser severally and not jointly hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closinghereof, as follows:
Appears in 4 contracts
Samples: Series a Preferred Stock Purchase Agreement (Velocom Inc), Series B Preferred Stock Purchase Agreement (Velocom Inc), Supplemental Series B Preferred Stock Purchase Agreement (Velocom Inc)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Companywarrants, severally and not jointly, to the Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Evergreen Solar Inc), Stock and Warrant Purchase Agreement (Shaw Robert W Jr), Stock and Warrant Purchase Agreement (Evergreen Solar Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally as to itself and not jointly, as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 3 contracts
Samples: Investment Agreement (Osborne Richard De J), Investment Agreement (Wc Capital LLC), Investment Agreement (Datawatch Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointlyas to itself, as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alliance Imaging Inc /De/), Securities Purchase Agreement (American Shared Hospital Services), Securities Purchase Agreement (Alliance Imaging Inc /De/)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as follows:
Appears in 3 contracts
Samples: Series C 7% Cumulative Convertible Preferred Stock Purchase Agreement (Park N View Inc), Stock Purchase Agreement (PNV Net Inc), Senior Subordinated Note and Common Stock Warrant Purchase Agreement (Creditrust Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, individually and not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closingeach Closing Date, as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (World Waste Technologies Inc), Securities Purchase Agreement (World Waste Technologies Inc), Securities Purchase Agreement (World Waste Technologies Inc)
Representations and Warranties of the Purchasers. Each Purchaser severally as to itself only, and not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Liberty Media Corp /De/), Preferred Stock and Warrant Purchase Agreement (Hicks Thomas O), Preferred Stock and Warrant Purchase Agreement (Icg Services Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as As of the date hereof and as of the ClosingClosing Date, each Purchaser severally (but not jointly) represents and warrants to the Company as follows:
Appears in 2 contracts
Samples: Note Purchase Agreement (Diametrics Medical Inc), Note Purchase Agreement (BCC Acquisition Ii LLC)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly with other Purchasers, hereby represents and warrants to the Company, severally and not jointly, Company as follows as of the date hereof and as of the Closing, as followsEffective Date:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (LJL Biosystems Inc), Common Stock Purchase Agreement (Bay City Capital Management LLC)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointlyas to itself, as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Intracel Corp), Securities Purchase Agreement (Intracel Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of Corporation on the date hereof and as of the Closing, date of the Closing as follows:
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Platinum Venture Partners Ii L P), Stock and Warrant Purchase Agreement (Platinum Entertainment Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly, represents and warrants to to, and agrees with, the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Exchange Agreement (Protalix BioTherapeutics, Inc.), Exchange Agreement (Protalix BioTherapeutics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, as of represents and warrants to the Company on the date hereof and as of on the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp), Securities Purchase Agreement (Savvis Communications Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally (and not jointly) represents and warrants to the Company, severally and not jointly, as of the date hereof at and as of the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Kings Road Entertainment Inc), Stock Purchase Agreement (Kings Road Entertainment Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:set forth below.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Global Eagle Entertainment Inc.), Securities Purchase Agreement (Global Eagle Entertainment 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 as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (58.com Inc.), Convertible Note Purchase Agreement (Warburg Pincus & Co.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally and not jointly represents and warrants to the Company, severally and not jointly, Company with respect to the Securities it is acquiring hereunder as of the date hereof and as of the ClosingEffective Date, as follows:set forth in this Article III.
Appears in 2 contracts
Samples: Purchase Agreement (Itc Deltacom Inc), Purchase Agreement (Itc Deltacom Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally, but not jointly, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, on which such Purchaser acquires Notes as follows:
Appears in 2 contracts
Samples: Note Purchase Agreement (Aegerion Pharmaceuticals, Inc.), Note Purchase Agreement (Aegerion Pharmaceuticals, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyThe Purchasers, severally and not jointly, hereby represent and warrant to the Company, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Optika Inc), Securities Purchase Agreement (Weisel Thomas Partners Group LLC/Ca)
Representations and Warranties of the Purchasers. Each Purchaser severally as to itself only, and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of Company on the date hereof and as of the Closing, as followsthat:
Appears in 2 contracts
Samples: Investment and Note Purchase Agreement (Morgan Stanley), Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers, severally but not jointly, represents and warrants and covenants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nn Inc), Securities Purchase Agreement
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly with other Purchasers, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of to the Closing, Company as follows:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Diametrics Medical Inc), Common Stock Purchase Agreement (BCC Acquisition Ii LLC)
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 as of the date hereof and as of the Closing, this Agreement as follows:
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Dominion Homes Inc), Securities Purchase and Exchange Agreement (Medical Solutions Management Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanySelling Shareholders, severally and not jointly, as of the date hereof and as of the Closing, as follows:
Appears in 1 contract
Samples: Share Purchase Agreement (Bertelsmann SE & Co. KGaA)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally, not jointly, represents and warrants to the Company, severally and not jointly, as of the date hereof at and as of the Closing, as followsClosing Date that:
Appears in 1 contract
Samples: Note Purchase Agreement (Matthews Studio Equipment Group)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally, but not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof Closing Date and as of on the ClosingSecond Purchaser Payment Date, as followsthe following:
Appears in 1 contract
Samples: Revenue Interest Purchase Agreement (ImmunityBio, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents of the Purchasers severally, not jointly, represent and warrants warrant to the Company, severally and not jointly, as of the date hereof at and as of the Closing, as followsClosing Date that:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Ladish 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, Company as of the date hereof and as of the Closing, as followsIssue Date that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Evolent Health, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 1 contract
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 as follows as of the date hereof and as of the Closing, as followsClosing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as As of the date hereof and as of the applicable Closing, each of the Purchasers, severally but not jointly, represents and warrants to the Company as follows:
Appears in 1 contract
Samples: Series B Redeemable Preferred Stock Purchase Agreement (Rosehill Resources Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly, represents and warrants to to, and agrees with, the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Exchange Agreement (Protalix BioTherapeutics, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and no other Purchaser, represents and warrants to the Company, severally and not jointly, effective as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Ranger Energy Services, Inc.)
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 as of the date hereof and as of the Closing, as followsClosing Date that:
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (Redenvelope Inc)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers severally but not jointly hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Paula Financial)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally (as to itself) and not jointly hereby represents makes the following representations and warrants warranties to the Company, severally and not jointly, Company as of the date hereof and as of on the Closing, as followsClosing Date:
Appears in 1 contract
Samples: Purchase Agreement (Open Market Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Senior Subordinated Note and Warrant Purchase Agreement (Saleslogix Corp)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, solely with respect to it, hereby represents makes the following representations and warrants warranties to the Company, severally and not jointly, Company (which shall be true as of the date hereof and as of the Closing, as followsClosing Date) and agrees with the Company that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Metal Management Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, as followsthat:
Appears in 1 contract
Samples: Securities Purchase Agreement (Morgan Group Holding Co)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally but not jointly, hereby represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Build a Bear Workshop Inc)
Representations and Warranties of the Purchasers. 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, as of the date hereof and as of the Closing, Closing Date to the Company as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (ESP Resources, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, hereby represents and warrants, as to itself, to the Company as of the date hereof and as of the Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers, severally, but not jointly, hereby represents and warrants to the Company, severally and not jointlyShareholder, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
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 as of the date hereof and as of the Closingeach Closing in which such Purchaser is participating, as follows:
Appears in 1 contract
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, Company as follows (unless as of a specific date therein) as of the date hereof and as of the Closing, as followsdate of the applicable Closing in which such Purchaser purchases the Shares from the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointlywarrants, as of the date hereof First Closing and as of the Second Closing, severally on its own behalf and not jointly with each other Purchaser, to the Company and the Selling Members (as followsapplicable at each Closing) as set forth below:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Companywarrants, severally and not jointly, to the Company and the Selling Stockholders on and as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby severally (but not jointly) represents and warrants to the Company, severally and not jointly, as of the date hereof at and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (DDL Electronics Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyCompany as to itself severally, severally and not jointlyjointly as to any other Purchaser, as of the date hereof and as of the ClosingClosing with respect to such Purchaser, as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Midas Medici Group Holdings, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants to the Companywarrants, severally and not jointly, to the Company as of the date hereof and as of the Closing, applicable Closing Date as follows:
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Satcon Technology Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of Effective Date, the Closing, as followsfollowing:
Appears in 1 contract
Samples: Revenue Interest Purchase Agreement (Mirum Pharmaceuticals, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly with the other Purchasers, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closinghereof, as followsthat:
Appears in 1 contract
Samples: Securities Purchase Agreement (DigitalPost Interactive, Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointlyCompany that, as of the date hereof and as of the applicable Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company with respect to the purchase of the Shares as of the date hereof and again as of the Closing, as to himself only, as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Tricord Systems Inc /De/)
Representations and Warranties of the Purchasers. Each Purchaser of the Purchasers hereby represents and warrants warrants, for itself only and not jointly or severally with any other Purchaser, to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company both as of the date hereof and again as of the Closing, as to such Purchaser only, as follows:
Appears in 1 contract
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 as of the date hereof and as of the Closinghereof, as followsto itself only:
Appears in 1 contract
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 as of the date hereof and as of the ClosingClosing Date, as followsthat:
Appears in 1 contract
Samples: Unit Purchase Agreement (Marathon Patent Group, Inc.)
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 as of the date hereof and as of the each Closing, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each As of the date hereof, each Purchaser hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closingto itself, as follows:
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Ihop Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyThe Purchasers, severally and not jointly, represent and warrant to the Company as of the date hereof and as on each of the Closing, Initial Closing Date and the Subsequent Closing Date as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Savvis Communications Corp)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the CompanyPurchaser, severally and not jointly, represents and warrants, as of the date hereof and as of the ClosingClosing Date, as followsto the Company that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Lifecore Biomedical, Inc. \De\)
Representations and Warranties of the Purchasers. Each Purchaser hereby of the Purchasers severally, and not jointly, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing as follows:
Appears in 1 contract
Samples: Exchange Agreement (Xata Corp /Mn/)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companywarrants, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as followswith respect to only such Purchaser, that:
Appears in 1 contract
Samples: Securities Purchase Agreement (Mereo Biopharma Group PLC)
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, severally and not jointly, represents and warrants to the Company, severally and not jointlywith respect to the transactions contemplated hereby, that as of the date hereof and as of the respective Closing, as follows:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (KBS International Holdings Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally and not jointly, Company with respect to the purchase of the Shares as of the date hereof and again as of the Closing, as follows:
Appears in 1 contract
Samples: Stock Purchase Agreement (Tricord Systems Inc /De/)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Company, severally severally, individually and not jointly, as follows, as of the date hereof and as of the Closing, as followshereof:
Appears in 1 contract
Samples: Secured Subordinated Convertible Note and Warrant Purchase Agreement (Nupathe Inc.)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally but not jointly, hereby represents and warrants to the Company, severally and not jointlywarrants, as of the date hereof Closing Date and as of the Closingdate hereof, as to itself as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby represents and warrants to the Companyhereby, severally severally, and not jointly, represents and warrants as of the date hereof and hereof, as of the Closing, as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Armata Pharmaceuticals, 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, as of Company on the date hereof and as of the Closing, Closing Date as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, as to itself only, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby Purchaser, severally but not jointly and severally, represents and warrants to the Company, severally and not jointly, Company as of the date hereof and as of the Closing, Closing Date as follows:
Appears in 1 contract
Samples: Series B Convertible Preferred Share Purchase Agreement (Airmedia Group Inc.)
Representations and Warranties of the Purchasers. Each Purchaser hereby represents The Purchasers hereby, jointly and warrants severally, represent and warrant to the Company, severally and not jointly, as of the date hereof and as of the ClosingClosing Date, as followsthat:
Appears in 1 contract
Samples: Investment Agreement (Republic Airways Holdings Inc)
Representations and Warranties of the Purchasers. Each Purchaser hereby severally represents and warrants to the Company, severally Company as to itself and not jointlyas to any other Purchaser, as of the date hereof and as of the Closinghereof, as follows:
Appears in 1 contract
Representations and Warranties of the Purchasers. Each Purchaser hereby hereby, for itself and for no other Purchasers, represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, Closing Date to the Company as follows:
Appears in 1 contract
Samples: Convertible Debentures and Warrants Agreement (Us Dataworks Inc)
Representations and Warranties of the Purchasers. Each Purchaser Purchaser, severally and not jointly, hereby represents and warrants to the Company, severally and not jointly, as of the date hereof and as of the Closing, date of the closing of its respective purchase of Notes as follows:
Appears in 1 contract
