Representations and Warranties to be True and Correct. The representations and warranties of the Company under this Agreement shall be true, complete and correct at and as of such Closing, except with respect to provisions including the word “material” or words of similar import, and except with respect to materiality, as reflected under GAAP, in the representations and warranties contained in Section 2.06 relating to the Financial Statements, with respect to which such representations and warranties must have been on and as of such Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Refocus Group Inc), Securities Purchase Agreement (Refocus Group Inc)
Representations and Warranties to be True and Correct. The representations and warranties of the Company under this Agreement shall be true, complete and correct at and as of such the applicable Closing, except with respect to provisions including the word “material” or words of similar import, and except with respect to materiality, as reflected under GAAP, in the representations and warranties contained in Section 2.06 relating to the Financial Statements, with respect to which such representations and warranties must have been on and as of such the Initial Closing Date.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Vincera, Inc.), Series a Preferred Stock Purchase Agreement (Vincera, Inc.)
Representations and Warranties to be True and Correct. The representations and warranties of the Company under this Agreement shall be true, complete and correct at and as of such the Closing, except with respect to provisions including the word “"material” " or words of similar import, and except with respect to materiality, as reflected under GAAP, in the representations and warranties contained in Section 2.06 relating to the Financial Statements, with respect to which such representations and warranties must have been true and correct in all respects on and as of such the Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (Exploration Co of Delaware Inc)