Representations, Warranties and Covenants of the Undersigned. The undersigned hereby represents and warrants to and covenants with the Company that:
Representations, Warranties and Covenants of the Undersigned. The undersigned represents, warrants and agrees with Flextronics as follows:
Representations, Warranties and Covenants of the Undersigned. The undersigned hereby represents and warrants to, and covenants with, the Issuer that:
Representations, Warranties and Covenants of the Undersigned. The undersigned hereby represents and warrants to and covenants with the Company and its officers, directors, agents and employees, as follows: The undersigned is an “accredited investor”, as defined in Regulation D as promulgated pursuant to the Securities Act of 1933, as amended (the “1933 Act”), and certain state securities laws, and has initialed each of the following definitions which are applicable to the undersigned. The undersigned is (initial one or more): Initial A bank as defined in Section 3(a)(2) of the Act, or any savings and loan association or other institution as defined in Section 3(a)(5)(A) of the Act whether acting in its individual or fiduciary capacity; any broker or dealer registered pursuant to Section 15 of the Securities Exchange Act of 1934; any insurance company as defined in Section 2(13) of the Act; any investment company registered under the Investment Company Act of 1940 or a business development company as defined in Section 2(a)(48) of that Act; any Small Business Investment Company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958; any plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees, if such plan has total assets in excess of $5,000,000; any employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 if the investment decision is made by a plan fiduciary, as defined in Section 3(21) of such Act, which is either a bank, savings and loan association, insurance company, or registered investment adviser, or if the employee benefit plan has total assets in excess of $5,000,000 or, if a self-directed plan, with investment decisions made solely by persons that are accredited investors; Initial A private business development company as defined in Section 202(a)(22) of the Investment Advisors Act of 1940; Initial An organization described in Section 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts or similar business trust, or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $5,000,000; Initial A director or executive officer of the issuer of the securities being offered or sold; WG Initial
Representations, Warranties and Covenants of the Undersigned. The undersigned Investor hereby represents and warrants to and covenants with the Company and each officer, director, representative and agent of the Company that:
Representations, Warranties and Covenants of the Undersigned. The undersigned makes the following representations and warranties, together with the representations made by the undersigned in the Purchaser Questionnaire attached hereto (which representations are incorporated herein by this reference), and undertakes to perform the following covenants, with the intent that they be relied upon by the Company and its counsel, officers, directors, employees and agents in determining the undersigned's suitability as a purchaser of the Units. The undersigned hereby agrees that such representations, warranties and covenants shall survive his/her purchase of the Units. By signing this Agreement, the undersigned represents that he/she has read and acknowledged the representations set forth in this Section 3. If more than one person is signing this Agreement, each representation, each warranty and each covenant made herein shall be a joint and several representation, warranty or covenant of each person.
Representations, Warranties and Covenants of the Undersigned. The Undersigned hereby represents and warrants to and covenants with HDG and VCI as follows:
Representations, Warranties and Covenants of the Undersigned. The undersigned hereby represents and warrants to and covenants with the Company, and its affiliates, managers, officers, directors, agents, owners and employees as follows:
