Common use of SEC Filings Clause in Contracts

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 63 contracts

Samples: Securities Purchase Agreement (Provectus Pharmaceuticals Inc), Securities Purchase Agreement (Luxeyard, Inc.), Securities Purchase Agreement (Cryoport, Inc.)

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SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 37 contracts

Samples: Securities Purchase Agreement (SMG Industries Inc.), Purchase Agreement (Cesca Therapeutics Inc.), Note Purchase Agreement (Opexa Therapeutics, Inc.)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 29 contracts

Samples: Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (Genco Shipping & Trading LTD)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 24 contracts

Samples: Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp.), Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Exchange Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 12 contracts

Samples: Stock Purchase Agreement (Intelligent Communication Enterprise Corp), Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Common Stock and Warrant Purchase Agreement (Ats Medical Inc)

SEC Filings. (a) At Except as described on Schedule 4.9, at the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 7 contracts

Samples: Purchase Agreement (Tarantella Inc), Purchase Agreement (Tarantella Inc), Purchase Agreement (Tarantella Inc)

SEC Filings. (a) At the time of filing thereofthereof as amended on or prior to the date hereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 5 contracts

Samples: Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Exchange Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.), Senior Note and Warrant Purchase Agreement (Warp Technology Holdings Inc)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Exchange Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Purchase Agreement (AVRA Surgical Robotics, Inc.), Purchase Agreement (Celsion CORP), Purchase Agreement (Celsion CORP)

SEC Filings. (a) At the time of filing thereof, each of the SEC Filings complied as to form in all material respects with the requirements of the 1934 Exchange Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Sphere 3D Corp), Agreement and Plan of Merger (Overland Storage Inc), Acquisition Agreement (Overland Storage Inc)

SEC Filings. (ai) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Financial Advisory Agreement (ZBB Energy Corp), Financial Advisory Agreement (ZBB Energy Corp), Financial Advisory Agreement (Overland Storage Inc)

SEC Filings. (a1) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Exchange Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Convertible Secured Note Purchase Agreement (Photogen Technologies Inc), Investment Unit Purchase Agreement (NationsHealth, Inc.), Convertible Secured Note Purchase Agreement (Alliance Pharmaceutical Corp)

SEC Filings. (ai) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Exchange Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Securities Purchase Agreement (NationsHealth, Inc.), Series C Subscription Agreement (Warp Technology Holdings Inc)

SEC Filings. (a) At the time of filing thereof, the The SEC Filings complied as to form conformed in all material respects with to the requirements of the 1934 1933 Act or the Securities Exchange Act of 1934, as amended, as applicable and did not contain any none of such documents contained an untrue statement of a material fact or omit omitted to state any a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Share Exchange Agreement (Mint Leasing Inc), Share Exchange Agreement (Saga Energy, Inc.)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 1933 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Velocity Express Corp), Stock Purchase Agreement (Velocity Express Corp)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1933 Act or 1934 Act Act, as applicable, and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Securities Purchase Agreement (RAPT Therapeutics, Inc.), Securities Purchase Agreement (Clearside Biomedical, Inc.)

SEC Filings. (a) At the time As of filing thereoftheir respective dates, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain at the time they were filed any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Amended and Restated Note Purchase Agreement (Interleukin Genetics Inc), Note Purchase Agreement (Interleukin Genetics Inc)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1933 Act and 1934 Act Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder, and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Bioenvision Inc)

SEC Filings. (a) At Since January 1, 2008, at the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. All SEC comments on any filing made pursuant to the 1933 Act or 1934 Act have been resolved to the satisfaction of the SEC.

Appears in 1 contract

Samples: Bridge Loan Agreement (Smart Move, Inc.)

SEC Filings. (a) At the time of filing thereof, except as identified and described in the SEC Filings or as described on Schedule 4.9, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Utix Group Inc)

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SEC Filings. (a) At Except as described in Schedule 4.9, at the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Velocity Express Corp)

SEC Filings. (a) 5.9.1. At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Securities Purchase Agreement (Alvarion LTD)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.,

Appears in 1 contract

Samples: Purchase Agreement (Terax Energy, Inc.)

SEC Filings. (a) At the time of filing thereof, or to the extent corrected by a subsequent restatement, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Tobira Therapeutics, Inc.)

SEC Filings. (a) At Except as described in Schedule 3.9, at the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 1933 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Stock Purchase Agreement (Velocity Express Corp)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not not, as of the date of filing, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Interlink Electronics Inc)

SEC Filings. (a) At the time of filing thereof, the The SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Sheffield Pharmaceuticals Inc)

SEC Filings. (a) At the time of filing thereof, and except as may be disclosed in the SEC Filings, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Tube Media Corp.)

SEC Filings. (a) At Since March 1, 2007, at the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. All SEC comments on any filing made pursuant to the 1933 Act or 1934 Act have been resolved to the satisfaction of the SEC.

Appears in 1 contract

Samples: Purchase Agreement (Arkanova Energy Corp)

SEC Filings. (a) At the time of filing thereof, the SEC Filings ------------ complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Locateplus Holdings Corp)

SEC Filings. (a) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light li ght of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Lustros Inc.)

SEC Filings. (ai) At the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Purchase Agreement (Aeolus Pharmaceuticals, Inc.)

SEC Filings. (a) At Since December 31, 2012, at the time of filing thereof, the SEC Filings complied as to form in all material respects with the requirements of the 1934 Act and did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. All SEC comments on any filing made pursuant to the 1933 Act or 1934 Act have been resolved to the satisfaction of the SEC.

Appears in 1 contract

Samples: Purchase Agreement (All Energy Corp)

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