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: Joint Venture Agreement (Chemdex Corp), Series B Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Series B 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 Closing.
Appears in 6 contracts
Samples: Series B Preferred Stock Purchase Agreement (Onvia Com Inc), Series C Preferred Stock Purchase Agreement (Onvia Com Inc), Series a Preferred Stock Purchase Agreement (Petopia Com 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 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 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 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 (Primus Telecommunications Group Inc), Series C Preferred Stock Purchase Agreement (Petopia Com Inc), Common Stock Purchase Agreement (Pilot Network Services 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 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 twelve (112) year following months, and shall in no way be affected by any investigation or knowledge of the Closingsubject matter thereof made by or on behalf of the Purchasers or the Company.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Kindara, Inc.), Series a Preferred Stock Purchase Agreement (Kindara, Inc.), Series a Preferred Stock Purchase Agreement (Kindara, 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 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: Series B Preferred Stock Purchase Agreement (Avantgo Inc), Series B Preferred Stock Purchase Agreement (Avantgo 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 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 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: Series a Preferred Stock Purchase Agreement (Avantgo Inc), Series a Preferred Stock Purchase Agreement (Avantgo Inc)
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.), Collaboration and License Agreement (Altus Pharmaceuticals Inc.)
Survival of Warranties. Unless otherwise set forth in this ---------------------- AgreementThe representations, the warranties, representations warranties 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 the Closingyear.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Entremed Inc), Convertible Note and Warrant Purchase Agreement (Entremed 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 (Centura Software Corp), Note Conversion Agreement (Newport Acquisition Co No 2 LLC)
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: Series B Preferred Stock Purchase Agreement (Landec Corp \Ca\), Series B Preferred Stock Purchase Agreement (Landec Corp \Ca\)
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), Series a 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 Investor contained in or made pursuant to this Agreement shall survive for one year after 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
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
Samples: Series B Preferred Stock Purchase Agreement (Iss Group 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; 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 The warranties, representations and covenants of the Company and the Purchasers Purchaser contained in or made pursuant to this Agreement shall survive for a period of one year 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 Purchaser or the Company.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Accelgraphics 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 Closingyear.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Merriman Holdings, 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: Series E Preferred Stock 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 Closing for a period of one (1) year following the Closingyear.
Appears in 1 contract
Survival of Warranties. Unless otherwise set forth in this ---------------------- Agreementexpressly provided, the warrantiesall indemnifications, covenants, warranties and representations of Buyer and covenants of the Company and the Purchasers Seller contained in herein or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing hereunder 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 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 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 until the Closing for a period of one date that is thirty (130) year days following the Closing.
Appears in 1 contract
Samples: Stock Purchase Agreement (NextPlay Technologies 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 eighteen (118) year months 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
Samples: Securities Purchase Agreement (Neotherapeutics Inc)
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 eighteen (118) year months following the Closingdate hereof.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Fulkerson Allan W)
Survival of Warranties. Unless Except for the covenants in Section 2.29 and Section 6.1 which shall survive the Closing, unless otherwise set forth in this ---------------------- Agreement, 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 Initial Closing for a period of one (1) year following the Initial Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Arbinet Holdings 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 for one year after 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 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 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: Series B Preferred Stock Purchase Agreement (Tenfold Corp /Ut)
Survival of Warranties. Unless otherwise set forth in this ---------------------- AgreementThe representations, the warranties, representations warranties 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 the Closingyear.
Appears in 1 contract
Samples: Convertible Note and Warrant Purchase Agreement (Oxygen Biotherapeutics, 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 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 ---------------------- AgreementThe representations, the warranties, representations warranties 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 Closing, such survival to continue for a period two (2) years commencing as of one (1) year following the Closing. Such representations, warranties and covenants 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: Subordinated Convertible Debenture Purchase Agreement (Photoworks Inc /Wa)
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 Closing hereunder for a period of one (1) year following from the Closingdate hereof.
Appears in 1 contract
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: Series a Preferred Stock Purchase Agreement (Planet Zanett Inc)
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 18 months, and the Closingcovenants of the parties shall survive the execution and delivery of this Agreement and the Closing in accordance with their terms.
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 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
Samples: Subordinated Debenture and Warrant Purchase Agreement (PCD 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: Series D Preferred Stock Purchase Agreement (Loudeye Technologies 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: Series a 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 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: Series a Preferred Stock Purchase Agreement (Tekinsight Com Inc)
