Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 10 contracts
Samples: Series a 1 Preferred Stock Purchase Agreement, Stock Purchase Agreement (Aethlon Medical Inc), Stock Purchase Agreement (Aethlon Medical Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The warranties and representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingClosing hereunder.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Cytation Com Inc), Common Stock Purchase Agreement (Ccair Inc), Series a Convertible Preferred Stock Purchase Agreement (Cytation Com Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 9 contracts
Samples: Purchase Agreement (Comc Inc), Series D 1 Preferred Stock Purchase Agreement (Sirenza Microdevices Inc), Series C Convertible Preferred Stock Purchase Agreement (Selway Partners LLC)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Pyramid Breweries Inc), Asset Purchase Agreement (Pyramid Breweries Inc), Series D Preferred Stock Purchase Agreement (Combichem Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Endocare Inc), Common Stock Purchase Agreement (Endocare Inc), Common Stock Purchase Agreement (Calico Commerce Inc/)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, representations and covenants of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 3 contracts
Samples: Series C Preferred Stock Purchase Agreement (Gawk Inc.), Series a 2 Preferred Stock Purchase Agreement (Akorn Inc), Common Stock and Warrant Purchase Agreement (Cambridge Soundworks Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The warranties and representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement with respect to the Closing shall survive the execution and delivery of this Agreement and the ClosingClosing until such time as the Note has been paid in full.
Appears in 3 contracts
Samples: Unsecured Subordinated Note and Warrant Purchase Agreement (Pharmchem Inc), Unsecured Subordinated Note and Warrant Purchase Agreement (Pharmchem Inc), Unsecured Subordinated Note and Warrant Purchase Agreement (Pharmchem Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closingboth Closings.
Appears in 3 contracts
Samples: Convertible Subordinated Note Purchase Agreement (Interface Systems Inc), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Purchaser contained in this Agreement or made pursuant to this Agreement shall will survive the execution and delivery of this Agreement and the Closing.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Aerocentury Corp), Preferred Stock Purchase Agreement (Aerocentury Corp), Series B Preferred Stock Purchase Agreement (Aerocentury Corp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The representations and covenants warranties of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing. In addition, Section 4 of this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 3 contracts
Samples: Note Purchase Agreement (iRhythm Technologies, Inc.), Note Purchase Agreement (iRhythm Technologies, Inc.), Note Purchase Agreement (iRhythm Technologies, Inc.)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers each Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingClosings.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Icm Asset Management Inc/Wa), Common Stock Purchase Agreement (Svi Holdings Inc), Common Stock Purchase Agreement (Elite Logistics Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Shareholder contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ontro Inc), Exchange Agreement (Ontro Inc), Stock Purchase Agreement (Ontro Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers each Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Calico Commerce Inc/), Series B Preferred Stock Purchase Agreement (Virtual Telecom Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement Agreement, the First Closing and the Second Closing.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Collateral Therapeutics Inc), Preferred Stock Purchase Agreement (Collateral Therapeutics Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Right Start Inc /Ca), Stock Purchase Agreement (Rushmore Financial Group Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and ------------------------ covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pointe Communications Corp), Securities Purchase Agreement (Pointe Communications Corp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Mimvi, Inc.), Stock Purchase Agreement (Hyland Software Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company Company, the Founders and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closingclosing of the transactions contemplated hereby.
Appears in 2 contracts
Samples: Series C Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent Inc), Series C Convertible Redeemable Preferred Stock Purchase Agreement (Bluebook International Holding Co)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Lender contained in or made pursuant to this Agreement shall will survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Loan Agreement (Bouncebacktechnologies Com Inc), Loan Agreement (Bouncebacktechnologies Com Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The warranties and representations and covenants of the Company and the Purchasers Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Trans1 Inc), Series C Preferred Stock Purchase Agreement (Trans1 Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing, and shall continue as long as any Notes or Warrants are outstanding or issuable.
Appears in 2 contracts
Samples: Note Purchase Agreement (Quokka Sports Inc), Note Purchase Agreement (Quokka Sports Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers each Contributing Stockholder contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingAgreement.
Appears in 2 contracts
Samples: Stock Contribution Agreement (Palisade Capital Management LLC/Nj), Stock Contribution Agreement (Acorn Products Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, representations representations, and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Series E and Series E 2 Preferred Stock and Warrant Purchase Agreement, Series E and Series E 2 Preferred Stock and Warrant Purchase Agreement (Lifelock, Inc.)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers of Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Bon Ton Stores Inc), Stock Purchase Agreement (Grumbacher M Thomas)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The warranties and representations and covenants of the Company and the Purchasers Capstone contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Capstone Financial Group, Inc.), Securities Purchase Agreement (Capstone Financial Group, Inc.)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Waste Connections Inc/De), Stock Exchange Agreement (Williams Jonnie)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The warranties and representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closingclosing date hereunder.
Appears in 2 contracts
Samples: Warrant Agreement (Large Scale Biology Corp), Warrant Agreement (Large Scale Biology Corp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Tset Inc), Preferred Stock Purchase Agreement (Tset Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and --------------------- covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Worldres Com Inc)
Survival of Warranties. Unless otherwise set forth in Section 7.2 of this Agreement, Agreement and the warranties, warranties and representations and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingClosing of the transactions contemplated hereby.
Appears in 1 contract
Samples: Series E Convertible Preferred Stock Purchase Agreement (Combinatorx, Inc)
Survival of Warranties. Unless otherwise set forth in this ----------------------- Agreement, the warranties, representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Flycast Communications Corp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closingeach closing.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Healthstream Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Initial Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Acacia Research Corp)
Survival of Warranties. Unless otherwise set forth in this AgreementThe representations, the warranties, representations warranties and covenants of the Company and the Purchasers contained made in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingClosing Date.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingAgreement.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Zamba Corp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Second Closing.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants ---------------------- of the Company and the Purchasers each Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Virtual Telecom Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and each of the ClosingClosings.
Appears in 1 contract
Samples: Series C Convertible Preferred Stock Purchase Agreement (Healthstream Inc)
Survival of Warranties. Unless otherwise set forth in this AgreementThe representations, the warranties, representations and covenants of the Consultant and Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingAgreement.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The warranties and representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingAgreement.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (Collegelink Com Incorp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company Company, Autodaq and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Autotradecenter Com Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Initial Closing and the Subsequent Closing.
Appears in 1 contract
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Players Network)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, representations and covenants of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingAgreement.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Zamba Corp)
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The warranties and representations and covenants of the Company and the Purchasers Holders contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing. The covenants contained herein shall survive in accordance with their terms.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Occidental contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and following the Closing.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The representations and covenants warranties of the Company and the Purchasers Xxxxx contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingAgreement.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers each Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing or Subsequent Closing, as applicable.β
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations representations, and covenants of the Company and the Purchasers contained in this Agreement or made pursuant to this Agreement shall will survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this Agreement, the warranties, The representations and covenants warranties of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the ClosingAgreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Webb Interactive Services Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Stock Purchase Agreement (Ontro Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and ---------------------- covenants of the Company and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Series C Preferred Stock and Warrant Purchase Agreement (Worldres Com Inc)
Survival of Warranties. Unless otherwise set forth in this Agreement, the The warranties, representations and covenants of the Company and the Purchasers Subscriber contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Class B Preferred Unit Subscription Agreement (Pegasus Communications Corp)
Survival of Warranties. Unless otherwise set forth in this AgreementThe representations, the warranties, representations warranties and covenants of the Company and the Purchasers Investor contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing.
Appears in 1 contract
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Sports Group International Inc)
