Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement shall be true and correct on and as of the Closing Date and each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the Investors.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Patients & Physicians, Inc.), Securities Purchase Agreement (Patients & Physicians, Inc.), Stock Purchase Agreement (Hittite Microwave Corp)
Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement shall be true and correct on and as of the Closing Date and Date; each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the InvestorsInvestor; and, on the Closing Date, certificates to such effect executed by the President and Chief Financial Officer of the Company shall have been delivered to the Investor.
Appears in 3 contracts
Samples: Warrant Purchase Agreement (Lineo Inc), Stock Purchase Agreement (Lineo Inc), Warrant Purchase Agreement (Caldera Systems Inc)
Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement shall be true and correct on and as of the Closing Date Date, and each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the Investors.
Appears in 3 contracts
Samples: Series F Preferred Stock Purchase Agreement, Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc)
Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement shall be true and correct on and as of the Closing Date and each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the InvestorsLxxxxx Laser.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Raptor Networks Technology Inc), Stock Purchase Agreement (Lantis Laser Inc.)
Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement shall be true and correct on and as of the Closing Date and each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the InvestorsInvestor.
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (United States Basketball League Inc), Stock and Warrant Purchase Agreement (Agro Capital Management Corp.)
Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement shall be true and correct on and as of the Closing Date Date, and each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the InvestorsInvestor.
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc)
Satisfaction of Conditions. The representations and warranties of -------------------------- the Company Investors contained in this Agreement shall be true and correct on and as of the Closing Date and Date; each of the conditions specified in this Section 4 3A shall have been satisfied or waived in writing by the InvestorsCompany; and, on the Closing Date, certificates to such effect executed by each of the Investors shall have been delivered to the Company.
Appears in 1 contract
Samples: Stock Purchase and Shareholders Agreement (Be Free Inc)
Satisfaction of Conditions. The representations and warranties -------------------------- of the Company contained in this Agreement shall be true and correct on and as of the Closing Date and Date; each of the conditions specified in this Section 4 2.04 shall have been satisfied fulfilled to the Investor's satisfaction or waived in writing by the InvestorsInvestor; and, on the Closing Date, a certificate to such effect executed by the President and Secretary of the Company shall have been delivered to the Investor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Frontier Airlines Inc /Co/)
Satisfaction of Conditions. The representations and warranties of the Company -------------------------- Investor contained in this Agreement shall be true and correct on and as of the Closing Date and each of the conditions specified in this Section 4 5 shall have been satisfied or waived in writing by the InvestorsCompany.
Appears in 1 contract
Satisfaction of Conditions. The representations and warranties of the Company and the Founding Stockholders contained in this Agreement shall be true and correct on and as of the Closing Date and each of the conditions specified in this Section 4 5 shall have been satisfied or waived in writing by the InvestorsInvestors as set forth in the first paragraph of this Section 5.
Appears in 1 contract
Satisfaction of Conditions. The representations and warranties of the Holding Company contained in this Agreement shall be true true, complete and correct on and as of the Closing Date and each of the conditions specified in this Section 4 5 shall have been satisfied or waived in writing by the InvestorsInvestor.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (First Mercury Financial Corp)
Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement including but not limited to the representation and warranties made in Section 2 hereof, shall be true and correct on and as of the Closing Date and Date; each of the conditions specified in this Section 4 3 shall have been satisfied or waived in writing writing; and on the Closing Date, certificates to such effect executed by the President of the Company shall be delivered to the Investors.
Appears in 1 contract
Samples: Stock Purchase Agreement (Geotel Communications Corp)
Satisfaction of Conditions. The representations and warranties of -------------------------- the Company contained in this Agreement shall be true and correct with the same force and effect as though such representations and warranties had been made on and as of the Closing Date and Date; each of the conditions specified in this Section 4 3 to be performed by the Company shall have been satisfied or waived in writing writing; and on the Closing Date certificates to such effect executed by an authorized officer of the Company shall be delivered to the Investors.
Appears in 1 contract
Satisfaction of Conditions. The representations and warranties of the Company and the Shareholders contained in this Agreement shall be true and correct on and as of the Closing Date and Date; each of the conditions specified in this Section 4 3 shall have been satisfied or waived in writing by the Investors; and, on the Closing Date, certificates to such effect executed by the President and Chief Operating Officer of the Company shall have been delivered to the Investors.
Appears in 1 contract
Samples: Stock Purchase and Shareholders Agreement (Conley Canitano & Associates Inc)
Satisfaction of Conditions. The representations and warranties of the Company and the Selling Stockholders contained in this Agreement shall be true and correct in all material respects on and as of the Closing Date and each of the conditions specified in this Section 4 5 shall have been satisfied or waived in writing by the Investors.
Appears in 1 contract
Samples: Stock Purchase and Redemption Agreement (Netscout Systems Inc)
Satisfaction of Conditions. The representations and warranties of the -------------------------- Company contained in this Agreement shall be true and correct on and as of the Closing Date and each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the InvestorsInvestor.
Appears in 1 contract
Satisfaction of Conditions. The representations and warranties of the Company and the Shareholders contained in this Agreement shall be true and correct on and as of the Closing Date and Date; each of the conditions specified in this Section 4 3 shall have been satisfied or waived in writing by the Investors; there shall have been no material change with respect to the Company's business; and, on the Closing Date, certificates to such effect executed by the President and Chief Financial Officer of the Company shall have been delivered to the Investors.
Appears in 1 contract
Samples: Stock Purchase and Shareholders Agreement (Natrol Inc)
Satisfaction of Conditions. The representations and warranties of the Company contained in this Agreement shall be true true, complete and correct on and as of the date of each Closing Date with the same force and effect as though such representations and warranties had been made on and as of such date and each of the conditions specified in this Section 4 shall have been satisfied or waived in writing by the Investorseach Investor.
Appears in 1 contract
