REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE INVESTORS. Each Investor represents and warrants, in each instance as to itself only and not as to any other Investor, to the Company that: 3.1 Organization; Authority. Each Equity Investor is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization. Each Individual Investor has the legal capacity to enter into this Agreement. Each Investor has the power and authority to execute and deliver this Agreement and to perform its obligations hereunder. The execution and delivery by each Investor of this Agreement and the consummation by such Investor of the transactions contemplated hereby have been duly authorized by all necessary action on the part of such Investor.
Appears in 2 contracts
Samples: Investors' Subscription Agreement (Lee Thomas H Equity Fund Iii L P), Subscription Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)
REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE INVESTORS. Each Investor represents and warrants, in each instance as to itself only and not as to any other Investor, to the Company that:
3.1 4.1 Organization; , Authority. Each Equity Institutional Investor is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization. Each Individual Investor has the legal capacity to enter into this Agreement. Each Investor has the power and authority to execute and deliver this Agreement and to perform its obligations hereunder. The execution and delivery by each Investor of this Agreement and the consummation by such Investor of the transactions contemplated hereby have been duly authorized by all necessary action on the part of such Investor.
Appears in 2 contracts
Samples: Common Stock Warrant Acquisition Agreement (Lee Thomas H Equity Fund Iii L P), Common Stock Warrant Acquisition Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)