Holder’s Representations and Warranties. As a material inducement to the Company to enter into this Agreement and consummate the Exchange, the Holder represents, warrants and covenants with and to the Company as follows:
Appears in 23 contracts
Sources: Exchange Agreement (XTI Aerospace, Inc.), Exchange Agreement (XTI Aerospace, Inc.), Exchange Agreement (XTI Aerospace, Inc.)
Holder’s Representations and Warranties. As a material inducement to the Company to enter into this Agreement and consummate the Exchange, the Holder represents, warrants and covenants with and to the Company as follows:
Appears in 8 contracts
Sources: Amendment, Consent and Exchange Agreement (Wet Seal Inc), Warrant Exchange Agreement (American Superconductor Corp /De/), Amendment and Exchange Agreement (American Superconductor Corp /De/)
Holder’s Representations and Warranties. As a material inducement to the Company to enter into this Agreement and consummate the Exchange, the Holder represents, hereby represents and warrants and covenants with and to the Company as follows:
Appears in 2 contracts
Sources: Exchange Agreement (Fuelcell Energy Inc), Consent and Waiver (Fuelcell Energy Inc)
Holder’s Representations and Warranties. As a material inducement to the Company to enter into this Agreement and consummate the ExchangeTransactions, the Holder represents, warrants and covenants with and to the Company as follows:
Appears in 1 contract
Holder’s Representations and Warranties. As a material inducement to the Company to enter into this Agreement and consummate the Exchange, the Holder each Holder, severally and not jointly with any other Holder, represents, warrants and covenants with and to the Company as follows:
Appears in 1 contract
Holder’s Representations and Warranties. As a material inducement to the Company to enter into this Agreement and consummate the ExchangeAgreement, the Holder represents, warrants and covenants with and to the Company as follows:
Appears in 1 contract
Sources: Amendment and Waiver Agreement (Pacific Ethanol, Inc.)