Absence of Schedules. In the event that on the date hereof, or the Commencement Date, the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose.”
Absence of Schedules. In the event that on the Execution Date, the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that (i) each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose”, and (ii) the Investor has not otherwise waived delivery of such disclosure schedule.
Absence of Schedules. In the event that the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that (i) to the extent the Company has (x) previously delivered to the Purchaser such disclosure schedule, the information therein has not changed as of such date, and (y) not previously delivered to the Investor such disclosure schedule, each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose”, and (ii) the Purchaser has not otherwise waived delivery of such disclosure schedule.
Absence of Schedules. In the event of an undelivered disclosure schedule to any of the representations and warranties set forth in this Section 4, the Company hereby acknowledges and agrees that each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose”.
Absence of Schedules. In the event that, at each Closing, the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that (i) to the extent the Company has (x) previously delivered to the Investor such disclosure schedule, the information therein has not changed as of such Closing Date, and (y) not previously delivered to the Investor such disclosure schedule, each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose”, and (ii) the Investor has not otherwise waived delivery of such disclosure schedule.
Absence of Schedules. The parties hereto recognize and agree that the Schedules to this Agreement were not available as of the date of execution of this Agreement. Accordingly, the parties hereto hereby waive any breach of any representation, warranty, condition or provision of this Agreement which may technically be deemed to exist due to the failure of any party hereto to properly disclose any information which otherwise would have, or should have, been disclosed on a Schedule attached to this Agreement on the date it is signed. The parties hereto agree that all such Schedules shall be prepared only as of the Closing Date and that accordingly any such representation, warranty, condition or provision of this Agreement which is impacted by the absence of such Schedule shall be deemed to speak, and shall be relevant, only as of the Closing Date and thereafter.
Absence of Schedules. If all of the Schedules issued by PHI to Licensee in accordance with this Agreement have expired or been terminated, either party may terminate this Agreement on written notice to the other.
Absence of Schedules. In the event that at Closing, the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose”. Notwithstanding the foregoing, any disclosures set forth in any section of the disclosure schedule contemplated by this Agreement shall be applicable to any other section of such disclosure schedule to the extent it is readily apparent on its face from a reading of the disclosure that such disclosure is applicable to such other sections of such disclosure schedule.
Absence of Schedules. In the event that the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that (i) to the extent the Company has (x) previously delivered to the Purchasers such disclosure schedule, the information therein has not changed as of such date, and (y) not previously delivered to the Purchasers such disclosure schedule, each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose,” and (ii) the Purchasers have not otherwise waived delivery of such disclosure schedule. (tt) Private Placement. Assuming the accuracy of the Purchasers’ representations and warranties set forth in Section 3.2, no registration under the Securities Act is required for the offer and sale of the Common Warrants and the Common Warrant Shares by the Company to the Purchasers as contemplated hereby.
