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 for a period of one (1) year following the Closing.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Chemdex Corp), Preferred Stock Purchase Agreement (Drugstore Com Inc), Preferred Stock and Convertible Note Purchase Agreement (Drugstore Com Inc)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, representations and covenants of the Company and the Purchasers Debt Holder contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one (1) year following the Closing.
Appears in 4 contracts
Samples: Debt Conversion Agreement (Isecuretrac Corp), Debt Conversion Agreement (Isecuretrac Corp), Debt Conversion Agreement (Isecuretrac Corp)
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 each Closing for a period of one twelve (112) year following the months after such Closing.
Appears in 4 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.), Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.), Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.)
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 for a period of one (1) year following the Closing.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp)
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 for a period of one (1) year following the Closing.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Pilot Network Services Inc), Common Stock Purchase Agreement (Primus Telecommunications Group Inc), Preferred Stock Purchase Agreement (Petopia Com 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 for a period of one (1) year following the Closing.
Appears in 3 contracts
Samples: Gawk Incorporated (Gawk Inc.), 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, 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 for a period of one (1) year following the Closing.
Appears in 3 contracts
Samples: Note Purchase Agreement (Scolr Inc), Common Stock and Warrant Purchase Agreement (Centura Software Corp), Convertible Note Purchase Agreement (Scolr 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 Closing for a period of one (1) year following 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 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 for a period of one two (12) year years following the Closing.
Appears in 2 contracts
Samples: Note Conversion Agreement (Newport Acquisition Co No 2 LLC), Note Conversion Agreement (Centura Software 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 Closing for a period of one (1) year following from the ClosingClosing Date and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Investors or the Company.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Netzero Inc), Preferred Stock Purchase Agreement (Netzero 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 for a period of one (1) year following the Closing.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (General Finance CORP), Preferred Stock Purchase Agreement (General Finance 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 Closing for a period of one three (13) year following years from the Closingdate hereof.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (ClearStory Systems, Inc.), Convertible Preferred Stock Purchase Agreement (ClearStory Systems, 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 for a period of one (1) year following the Closingtwo years.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Agile Software Corp), Common Stock Purchase Agreement (Agile Software 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 for a period of one (1) year following the Closingyear.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Altus Pharmaceuticals Inc.), Country Serial (Altus Pharmaceuticals 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 for a period of one four (14) year years following the Closing.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Landec Corp \Ca\), Preferred Stock Purchase Agreement (Landec Corp \Ca\)
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 for a period of one (1) year following year, and the ClosingClosing and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Purchasers or the Company.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo 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 for a period of one (1) year following the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Drugstore Com 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 for a period of one (1) year following the Closingyear.
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 Closing for a period of one (1) year following the Closing, and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Purchasers or the Company.
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 Closing for a period of one (1) year following the Initial Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, warranties and 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 through and including the second anniversary of this Agreement; provided that the representations and warranties of the Company set forth in Sections 2.19 and 2.25 shall continue and survive thereafter for a the period corresponding to the applicable statute of one (1) year following the Closinglimitations.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bentley Systems Inc)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the The warranties, representations and covenants of the Company Company, Tek and the Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one (1) year following the Closingyear.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Tekinsight Com 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 for a period of one three (13) year years following the Closinglast Closing Date hereunder.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (American General Hospitality Corp)
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 for a period of one year following the execution and delivery of this Agreement and the Closing for a period and shall in no way be affected by any investigation of one (1) year following the Closingsubject matter thereof made by or on behalf of the Purchasers or the Company.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Oplink Communications Inc)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, representations and covenants of the Company and the such Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one (1) year following the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Simplex Solutions Inc)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, 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 Initial Closing and the Additional Closing for a period of one three (13) year years following the Additional Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Planet Zanett Inc)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, 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 Closing for a period of one (1) year following the Closing180 days.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, 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 Closing for a period of one (1) year following the Closingyear.
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 contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one (1) year following after the ClosingClosing and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Purchasers or the Company.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Egroups 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 for a period of until one (1) year following the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Loudeye Technologies 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 for a period until the first anniversary of one (1) year following the date of the Closing, notwithstanding any investigation by the Purchaser.
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 Closing for a period of one (1) year following the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Flycast Communications Corp)
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 for a period of one (1) year following the ClosingClosing and shall in no way be affected by an investigation of the subject matter thereof made by or on behalf of the Company or the Purchaser.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, warranties and representations and covenants of the Company and the Purchasers each Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one (1) year following the Closingdate hereof.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Fulkerson Allan W)
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 for a period of one (1) year following the Closing; provided, however, that such representations and warranties are only made as of the date of such execution and delivery and as of such 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 contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one two (12) year years following 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 Closing for a period of one (1) year following the Closing.
Appears in 1 contract
Samples: Stock Purchase Agreement (Golfgear)
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreement, the warranties, representations and covenants of the Company and the Purchasers CA contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one (1) year following 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 Purchaser contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of one thirty-six (136) year following months after the Closing.
Appears in 1 contract
