REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE INVESTORS. Each Investor represents and warrants to, and agrees with, the Company, severally but not jointly, as follows: SECTION 3.1 Organization, etc. Such Investor has been duly formed and is validly existing and in good standing under the laws of its jurisdiction of organization. Such Investor has the requisite organizational power and authority to enter into, execute, deliver and perform all of its duties and obligations under this Agreement and to consummate the transactions contemplated hereby.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (Soros Fund Management LLC), Common Stock and Warrant Purchase Agreement (Bluefly Inc), Common Stock and Warrant Purchase Agreement (Bluefly Inc)
REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE INVESTORS. Each Investor represents and warrants to, and agrees with, the CompanyCompany and to each other, severally but not jointly, as follows:
SECTION 3.1 Organization, etc. Such Investor has been duly formed and is validly existing and in good standing under the laws of its jurisdiction of organization. Such Investor has the requisite organizational power and authority to enter into, execute, deliver and perform all of its duties and obligations under this Agreement and to consummate the transactions contemplated hereby.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Bluefly Inc), Preferred Stock and Warrant Purchase Agreement (Soros Fund Management LLC)
REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE INVESTORS. Each The Investor represents and warrants to, and agrees with, the Company, severally but not jointly, as follows:
SECTION 3.1 Organization, etc. Such The Investor has been duly formed and is validly existing and in good standing under the laws of its jurisdiction of organization. Such The Investor has the requisite organizational power and authority to enter into, execute, deliver and perform all of its duties and obligations under this Agreement and to consummate the transactions contemplated hereby.
Appears in 1 contract
