REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR Clause Samples

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor, severally for itself and not jointly with any other Investor, represents and warrants to the Company and the Placement Agent that the statements contained in this Section 4 are true and correct as of the date of this Agreement and the Closing Date:

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor (with respect to itself only) hereby represents and warrants to the Company and agrees with the Company that, as of the Execution Date:

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor, severally and not jointly, represents and warrants to the Company that:

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor hereby represents, warrants and covenants, severally and not jointly, that:

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor (with respect to itself only) hereby represents and warrants to the Company and agrees with the Company that, as of the Execution Date and as of the Closing Date:

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. As a material inducement to the Issuer entering into this Agreement and issuing the Notes and Warrants, and in reliance upon the representations and warranties of the Issuer in Section 4 hereof, each of the Investors severally and not jointly represents, warrants, and covenants to the Issuer as follows:

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor represents and warrants to the Company, severally and not jointly, as follows: (a) Organization; Authority. Such Investor is either an individual or an entity duly incorporated or formed, validly existing and in good standing under the laws of the jurisdiction of its incorporation or formation. Such Investor has the requisite power and authority to enter into this Agreement and to consummate the transactions contemplated by the Transaction Documents and otherwise to carry out such Investor’s obligations hereunder and thereunder. The execution and delivery of the Transaction Documents and performance by such Investor of the transactions contemplated by the Transaction Documents have been duly authorized by all necessary corporate, partnership, limited liability company or similar action, as applicable, on the part of such Investor. Each Transaction Document to which such Investor is a party has been duly executed by such Investor, and when delivered by such Investor in accordance with the terms hereof, will constitute the valid and legally binding obligation of such Investor, enforceable against such Investor in accordance with its terms, except: (i) as limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by applicable law.

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor (other than Sponsor Investor) hereby represents and warrants to Sponsor and each other Investor on the Effective Date and the Document Closing Date as follows (unless another date is specified, in which case such Party so represents and warrants only as of such date), except as set forth in the applicable disclosure schedule that corresponds to the subsection of this Section 3.3; provided that any matter disclosed in any disclosure schedules shall be deemed disclosed for all representations and warranties under this Participation Agreement to the extent it is readily apparent from a reading of the disclosure that such disclosure is applicable to such other Sections:

REPRESENTATIONS AND WARRANTIES OF EACH INVESTOR. Each Investor, severally and not jointly, hereby represents and warrants as of the date hereof and as of the Closing Date to the Company as follows (unless as of a specific date therein, in which case they shall be accurate as of such date):