Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 hereof shall be true and correct when made, and shall be true and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date).
Appears in 9 contracts
Sources: Subscription Agreement (VioQuest Pharmaceuticals, Inc.), Subscription Agreement (Manhattan Pharmaceuticals Inc), Subscription Agreement (Ziopharm Oncology Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be true and correct when made, and shall be true and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date)Date.
Appears in 7 contracts
Sources: Stock Purchase Agreement (Healthgrades Com Inc), Common Stock Purchase Agreement (Omnis Technology Corp), Stock Purchase Agreement (Omnis Technology Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be have been true and correct when made, made and shall be true and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such datethe Closing Date as if made on the Closing Date (subject in each case to the exceptions set forth in the Schedule of Exceptions).
Appears in 4 contracts
Sources: Common Stock and Warrant Purchase Agreement (Oryx Technology Corp), Common Stock and Warrant Purchase Agreement (Oryx Technology Corp), Common Stock and Warrant Purchase Agreement (Oryx Technology Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be true true, complete and correct when made, and shall be true true, complete and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date)Date.
Appears in 4 contracts
Sources: Investment and Voting Agreement (Asi Group LLC), Investment Agreement (Saint Andrews Golf Corp), Investment and Voting Agreement (Las Vegas Discount Golf & Tennis Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 hereof III shall be true and correct when made, and shall be true and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date)if made at the Closing.
Appears in 4 contracts
Sources: Common Stock Purchase Agreement (Natural Nutrition Group Inc), Stock Purchase Agreement (Natural Nutrition Group Inc), Stock Purchase Agreement (Natural Nutrition Group Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be true and correct when made, made and shall be true and correct on and as of the Series A Closing Date (except for any representation or warranty that speaks with the same force and effect as if they had been made on and as of a specific said date, which shall be true and correct as of such date).
Appears in 4 contracts
Sources: Stock Purchase Agreement (Avanex Corp), Stock Purchase Agreement (Avanex Corp), Stock Purchase Agreement (Avanex Corp)
Representations and Warranties Correct. The representations and warranties made by of the Company in Article 3 III hereof shall be true and correct when madein all respects on and as of the date hereof, and shall be true and correct in all respects on and as of the Closing Date (except for any representation or warranty that speaks with the same force and effect as if they had been made on and as of a specific date, which shall be true and correct as of such date)the Closing Date.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Hungarian Telephone & Cable Corp), Securities Purchase Agreement (Postabank Es Takarekrenztar), Securities Purchase Agreement (Hungarian Telephone & Cable Corp)
Representations and Warranties Correct. The representations and -------------------------------------- warranties made by the Company in Article 3 hereof shall be true and correct in all respects when made, made and shall be true and correct on such Closing Date with the same force and effect as if they had been made on and as of the Closing Date (except for any representation or warranty that speaks as of a specific said date, which shall be true and correct as of such date).
Appears in 3 contracts
Sources: Investment Agreement (Webmd Inc), Investment Agreement (Webmd Inc), Investment Agreement (Webmd Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 ARTICLE III hereof shall be true and correct in all material respects when made, and shall be true and correct on and as of the Closing Date (and, except for any representation or warranty that speaks representations and warranties made by the Company as of a specific date, which shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of such said date).
Appears in 2 contracts
Sources: Subscription Agreement (Arno Therapeutics, Inc), Subscription Agreement (Nile Therapeutics, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 hereof shall be true and correct when made, and shall be true and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date)Date.
Appears in 2 contracts
Sources: Investment Agreement (Parts Source Inc), Investment Agreement (Aps Holding Corporation)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be true and correct when made, and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of the Closing Date (except for any representation or warranty that speaks as of a specific said date, which shall be true and correct as of such date).
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Pharmanetics Inc), Common Stock Purchase Agreement (Pharmanetics Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date with the same force and effect as if they had been made on and as of the Closing Date (except for any representation or warranty that speaks as of a specific same date, which shall be true and correct as of such date).
Appears in 2 contracts
Sources: Series a Preferred Stock and Warrant Purchase Agreement (Gric Communications Inc), Series a Preferred Stock and Warrant Purchase Agreement (Gric Communications Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 Section 3.1 hereof (including any representations of the Company incorporated by reference) shall be true and correct when made, and shall be true and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date)Date.
Appears in 2 contracts
Sources: Credit Agreement (Allis Chalmers Corp), Warrant Purchase Agreement (Quest Resource Corp)
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 hereof shall be true and correct when made, and shall be true and correct in all material respects on and as of the Closing Date (except for any representation or warranty that speaks as of a specific said date, which shall be true and correct as of such date).
Appears in 2 contracts
Sources: Stock Purchase Agreement (Phoenix International LTD Inc), Stock Purchase Agreement (London Bridge Software Holdings PLC)
Representations and Warranties Correct. The representations and warranties made by of the Company in Article 3 III hereof shall be true and correct when made, and shall be (x) true and correct on and as of the date hereof and (y) true and correct in all material respects on and as of the Closing Date with the same force and effect as if they had been made on and as of the Closing Date, except in the case of clause (except y) for any representation or warranty that speaks (i) those representations and warranties which address matters only as of a specific date, particular date (which shall be true and correct as of such date).true
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 Section 3.1 hereof shall be true and correct when made, and shall be true and correct on and as of the Closing Date (except for any representation or warranty that speaks as of a specific date, which shall be true and correct as of such date)Date.
Appears in 1 contract
Sources: Warrant Purchase Agreement (Digital Domain Media Group, Inc.)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of the Closing Date (except for any representation or warranty that speaks as of a specific said date, which shall be true and correct as of such date).
Appears in 1 contract
Sources: Subordinated Convertible Debenture Purchase Agreement (Transcend Services Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be true and correct in all material respects when made, made and shall be true and correct in all material respects on and as of the Closing Date (except for any representation or warranty that speaks unless they specifically speak as of a specific date, another date in which case they shall be true and correct in all material respects as of such date), with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Representations and Warranties Correct. The representations and warranties made by the Company in Article 3 ARTICLE III hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on and as of the Subscription Closing Date (except for any representation or warranty that speaks unless they specifically speak as of a specific date, another date in which case they shall be true and correct in all material respects as of such date)) with the same force and effect as if they had been made on and as of said date.
Appears in 1 contract
Sources: Subscription Agreement (Superior Industries International Inc)
Representations and Warranties Correct. The representations and warranties made by the Company in Article Section 3 hereof shall be true and correct when made, and shall be true and correct on made and as of the time of the Closing Date (except for any representation or warranty that speaks with the same force and effect as if made at such time, other than such representations and warranties as are expressly stated to be made as of a specific another date, which shall be true and correct as of such date).
Appears in 1 contract