Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such Closing Date as though then made.
Appears in 1369 contracts
Samples: Private Placement Shares Purchase Agreement (Alchemy Investments Acquisition Corp 1), Private Placement Shares Purchase Agreement (Alchemy Investments Acquisition Corp 1), Private Placement Units Purchase Agreement (RF Acquisition Corp II)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such the Closing Date as though then made.
Appears in 567 contracts
Samples: Private Placement Warrants Purchase Agreement (GP-Act III Acquisition Corp.), Private Placement Warrants Purchase Agreement (GP-Act III Acquisition Corp.), Private Placement Warrants Purchase Agreement (GP-Act III Acquisition Corp.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such the Closing Date Dates as though then made.
Appears in 306 contracts
Samples: Private Placement (SilverBox Corp III), Private Placement Units Purchase Agreement (Mars Acquisition Corp.), Warrants Purchase Agreement (SilverBox Corp III)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of such Closing.
Appears in 124 contracts
Samples: Preferred Stock Purchase Agreement, Stock Purchase Agreement, Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such the applicable Closing Date as though then made.
Appears in 80 contracts
Samples: Private Placement Warrant Purchase Agreement (Roman DBDR Tech Acquisition Corp. II), Sponsor Private Placement Agreement (Signal Hill Acquisition Corp.), Private Placement Warrants Purchase Agreement (KnightSwan Acquisition Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of the Closing.
Appears in 65 contracts
Samples: Subscription Agreement, Confidential Treatment Requested (Vitae Pharmaceuticals, Inc), Confidential Treatment Requested (Vitae Pharmaceuticals, Inc)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such on the Closing Date as though then madeDate.
Appears in 60 contracts
Samples: Note Purchase Agreement (10X Capital Venture Acquisition Corp. III), Form of Note Purchase Agreement (Kingscrowd LLC), Note Purchase Agreement (Bubblr Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all respects as of such Closing Date as though then madethe Closing.
Appears in 56 contracts
Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.), Series D Preferred Stock Purchase Agreement (Vascular Biogenics Ltd.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 hereof shall be true and correct at and as of such Closing Date as though then made.
Appears in 48 contracts
Samples: Private Placement Shares Purchase Agreement (Helix Acquisition Corp. II), Private Placement Shares Purchase Agreement (Helix Acquisition Corp. II), Private Placement Shares Purchase Agreement (Helix Acquisition Corp. II)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all respects as of such Closing Date as though then madeClosing.
Appears in 41 contracts
Samples: Common Stock Purchase Agreement (Capstone Dental Pubco, Inc.), Preferred Stock Purchase Agreement (Miso Robotics, Inc.), Stock Purchase Agreement (Energy Exploration Technologies, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of the Closing.
Appears in 39 contracts
Samples: Shares Purchase Agreement (Qunar Cayman Islands Ltd.), Shares Purchase Agreement (Qunar Cayman Islands Ltd.), Shares Purchase Agreement (Baidu, Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section Article 2 shall be true and correct at and in all material respects as of such the Closing Date as though then madeDate.
Appears in 35 contracts
Samples: Securities Purchase Agreement (Regulus Therapeutics Inc.), Securities Purchase Agreement (UroGen Pharma Ltd.), Securities Purchase Agreement (Minerva Neurosciences, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such each Closing Date as though then made.
Appears in 33 contracts
Samples: Private Placement Warrants Purchase Agreement (Pearl Holdings Acquisition Corp), Private Placement Warrants Purchase Agreement (Consilium Acquisition Corp I, Ltd.), Private Placement Units Purchase Agreement (Cerberus Telecom Acquisition Corp. II)
Representations and Warranties. The representations and warranties of the Company contained in Section Section 2 shall be true and correct at and as of such Closing Date as though then made.
Appears in 31 contracts
Samples: Private Warrants Purchase Agreement (Translational Development Acquisition Corp.), Private Units Purchase Agreement (Counter Press Acquisition Corp), Private Units Purchase Agreement (Counter Press Acquisition Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 Article II shall be true and correct at and as of such the Closing Date Dates as though then made.
Appears in 28 contracts
Samples: Underwriters Warrants Purchase Agreement (CENAQ Energy Corp.), Underwriters Warrants Purchase Agreement (CENAQ Energy Corp.), Underwriters Warrants Purchase Agreement (CENAQ Energy Corp.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such on the applicable Closing Date as though then madeDate.
Appears in 20 contracts
Samples: Safe Purchase Agreement (PogoTec, Inc.), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Note and Warrant Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 2, shall be true and correct at and as of such the applicable Closing Date as though then made.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Leopard Acquisition Corp.), Securities Purchase Agreement (GHL Acquisition Corp.), Securities Purchase Agreement (Leopard Acquisition Corp.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the Closing Date, except that any representations and warranties stated as being true and correct as of a date other than the date hereof shall be true and correct as of such other date.
Appears in 13 contracts
Samples: Securities Purchase Agreement (Xenomics Inc), Securities Purchase Agreement (Callisto Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Axonyx Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 Article II shall be true and correct at and in all material respects as of the date of such Closing Date as though then maderespective Closing.
Appears in 13 contracts
Samples: Stock Purchase Agreement (Livedeal Inc), Stock Purchase Agreement (Ia Global Inc), Stock Purchase Agreement (Ia Global Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of the such Closing Date as though then made.
Appears in 12 contracts
Samples: Unit Purchase Agreement (Monocle Acquisition Corp), Unit Purchase Agreement (Monocle Acquisition Corp), Unit Purchase Agreement (Monocle Acquisition Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such Closing Date as though then madethe Closing.
Appears in 10 contracts
Samples: Preferred Stock Purchase Agreement, Preferred Stock Purchase Agreement (Imperva Inc), Stock Purchase Agreement (Imperva Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 hereof shall be true and correct at on and as of such Closing Date as though then madethe Closing.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Accuimage Diagnostics Corp), Stock Purchase Agreement (Accuimage Diagnostics Corp), Stock Purchase Agreement (Accuimage Diagnostics Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all respects as of such Closing Date as though then madethe Initial Closing.
Appears in 8 contracts
Samples: Convertible Note Purchase Agreement (iLearningEngines, Inc.), Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Note Purchase Agreement (Colonnade Acquisition Corp. II)
Representations and Warranties. The Except as set forth herein, the representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such in all material respects on the applicable Closing Date as though then madeDate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Opti-Harvest, Inc.), Securities Purchase Agreement (Opti-Harvest, Inc.), Note and Warrant Purchase Agreement (Opti-Harvest, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be have been true and correct at on and as of such Closing Date as though then madethe Closing.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Akoustis Technologies, Inc.), Ordinary Share Purchase Agreement (Theravance Biopharma, Inc.), Ordinary Share Purchase Agreement (Theravance Biopharma, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section Section 2 shall be true and correct at and as of such the Closing Date as though then made.
Appears in 7 contracts
Samples: Private Placement Warrants Purchase Agreement (Inflection Point Acquisition Corp. II), Private Placement Warrants Purchase Agreement (LIV Capital Acquisition Corp. II), Sponsor Warrants Purchase Agreement (LIV Capital Acquisition Corp. II)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at as of the date hereof and as of such the date of the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of such Closing.
Appears in 7 contracts
Samples: Purchase Agreement (Pluristem Life Systems Inc), Purchase Agreement (Pluristem Life Systems Inc), Common Stock and Warrant Purchase Agreement (Pluristem Life Systems Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such the date of the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of Closing.
Appears in 5 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc), Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc), Warrant Purchase Agreement (Rhythms Net Connections Inc)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made and shall be true and correct at and as of such on the Closing Date as though then madeDate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (SKYX Platforms Corp.), Securities Purchase Agreement (SKYX Platforms Corp.), Convertible Note Purchase Agreement (DoorDash Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all material respects as of such Closing Date as though then madethe Closing.
Appears in 4 contracts
Samples: Securities Purchase Agreement (SONDORS Inc.), Stock Purchase Agreement (TESARO, Inc.), Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section Article 2 shall be true and correct at and in all material respects as of such the applicable Closing Date as though then madeDate.
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Regulus Therapeutics Inc.), Stock Purchase Agreement (Memory Pharmaceuticals Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of the date of such Closing Date (except for representations and warranties that speak as though then madeof a specific time, which need only be true and correct in all material respects as of such date or time).
Appears in 4 contracts
Samples: September 2001 Note Purchase Agreement (Novavax Inc), June 2002 Note Purchase Agreement (Novavax Inc), June 2002 Note Purchase Agreement (King Pharmaceuticals Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the Closing Date, unless another date is specified therein.
Appears in 4 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Selway Partners LLC), Series C Convertible Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp), Convertible Preferred Stock Purchase Agreement (Insci Corp)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 shall be true and correct at and as of such in all material respects on the Closing Date as though then madeDate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Blackboxstocks Inc.), Securities Purchase Agreement (Blackboxstocks Inc.), Securities Purchase Agreement (Blackboxstocks Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 2. shall be true and correct at and as of such the Closing Date Dates as though then made.
Appears in 4 contracts
Samples: Private Placement Warrants Purchase Agreement (Live Oak Crestview Climate Acquisition Corp.), Private Placement Warrants Purchase Agreement (Banner Acquisition Corp.), Private Placement Warrants Purchase Agreement (Activate Permanent Capital Corp.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true when made and correct at on and as of the date of such Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of such Closing.
Appears in 4 contracts
Samples: Agreement (Aurora Biosciences Corp), Preferred Stock Purchase Agreement (Aurora Biosciences Corp), Agreement (Aurora Biosciences Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all material respects as of such Closing Date as though then madethe Initial Closing.
Appears in 4 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.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section Article 2 shall be true and correct at in all material respects when made and as of such the Closing Date as though then madeDate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bioject Medical Technologies Inc), Securities Purchase Agreement (Amarin Corp Plc\uk), Securities Purchase Agreement (Neorx Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the Closing Date.
Appears in 3 contracts
Samples: Exchange Agreement (Novavax Inc), Consultant Agreement (New Century Equity Holdings Corp), Exchange Agreement (Novavax Inc)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 shall will be true and correct at and as of such in all material respects when made on the Closing Date as though then madeDate.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Nuburu, Inc.), Note and Warrant Purchase Agreement (Seldin David)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such on the Closing Date as though then madeor applicable Additional Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Trxade Group, Inc.), Securities Purchase Agreement (Trxade Group, Inc.), Convertible Securities Purchase Agreement (Q Therapeutics, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such Closing Date as though then madethe date of the Closing.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Healthgate Data Corp), Stock and Warrant Purchase Agreement (Genome Therapeutics Corp), Common Stock Purchase Agreement (Healthgate Data Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and correct, in all material respects, as of such Closing Date as though then madethe Closing.
Appears in 3 contracts
Samples: Convertible Secured Note and Warrant Purchase Agreement (Rockdale Resources Corp), Convertible Note and Warrant Purchase Agreement (Rockdale Resources Corp), Convertible Secured Note and Warrant Purchase Agreement (Rockdale Resources Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all respects as of such Closing Date as though then madeInitial Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (SeqLL, Inc.), Stock Purchase Agreement (SeqLL, Inc.), Preferred Stock Purchase Agreement (SeqLL, Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such on the Initial Closing Date as though then madeDate.
Appears in 3 contracts
Samples: Security Agreement (Miramar Labs, Inc.), Security Agreement (Miramar Labs, Inc.), Note Purchase Agreement (Endocyte Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all material respects as of such the Closing Date as though then madeDate.
Appears in 3 contracts
Samples: Investors Rights Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD), Share Subscription Agreement (ECMOHO LTD)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such the Execution Date and the Closing Date as though then madeDate.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement, Adoption Agreement (Fulcrum Bioenergy Inc), Series C Preferred Stock Purchase Agreement (Fulcrum Bioenergy Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of such Closing.
Appears in 3 contracts
Samples: Investor Rights Agreement (SRS Labs Inc), Common Stock Purchase Agreement (Eloyalty Corp), Common Stock Purchase Agreement (Nanogen Inc)
Representations and Warranties. The Each of the representations and warranties of the Company contained set forth in Section 2 hereof shall be true true, accurate and correct at and as on the date of such Closing Date as though then madethe Closing.
Appears in 3 contracts
Samples: Preferred Share and Warrant Purchase Agreement (Price Michael F), Preferred Share and Warrant Purchase Agreement (Aster Cephac), Preferred Share and Warrant Purchase Agreement (Pharmakinetics Laboratories Inc)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of the date of such Closing Date as though then madeClosing.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (RiceBran Technologies), Note and Warrant Purchase Agreement (RiceBran Technologies), Note and Warrant Purchase Agreement (Nutracea)
Representations and Warranties. The representations and warranties of made by the Company contained in Section Article 2 shall be true and correct at in all respects when made and as of such the Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Inhibrx, Inc.), Securities Purchase Agreement (Taysha Gene Therapies, Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section SECTION 2 shall be true and correct at in all material respects as of the date hereof and as of such Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ariba Inc), Stock Purchase Agreement (Ariba Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such Closing Date as though then made.
Appears in 2 contracts
Samples: Sponsor Warrants Purchase Agreement (Hony Capital Acquisition Corp.), Sponsor Warrants Purchase Agreement (Hony Capital Acquisition Corp.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such the Closing Date as though then made..
Appears in 2 contracts
Samples: Private Placement Warrants Purchase Agreement (Iconic Sports Acquisition Corp.), Warrant Agreement (9F Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such on the Closing Date as though then madeand at the Additional Closings.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Knightscope, Inc.), Note and Warrant Purchase Agreement (Knightscope, Inc.)
Representations and Warranties. The All of the representations and warranties of the Company contained in Section 2 shall be true and correct at as of the date hereof and as of such the date of the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of such Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ruby Mining Co), Stock Purchase Agreement (Ruby Mining Co)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct in all respects on and as of the date hereof and on and as of the Closing Date with the same effect as though made at and as of such Closing Date date (except those representations and warranties that address matters only as though then madeof a specified date, the accuracy of which will be determined as of that specified date in all respects).
Appears in 2 contracts
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such Closing Date as though then madethe date of the Initial Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Asi Technology Corp), Securities Purchase Agreement (Asi Technology Corp)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 shall be true and correct at and in all material respects as of the date of such Closing Date as though then madeClosing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Northumberland Resources, Inc.), Common Stock Purchase Agreement (Tiger Oil & Energy, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Closing Date and the Additional Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the Closing Date and the Additional Closing Date.
Appears in 2 contracts
Samples: Unit Subscription Agreement (Starbase Corp), Unit Subscription Agreement (Starbase Corp)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall be true and correct at and as of such in all material respects on the applicable Additional Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Security Agreement (Fluidigm Corp), Note Purchase Agreement (Zap)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 2, except for those stated to be made as of the date hereof, shall be true and correct in all material respects at and as of such the Closing Date as though then made.
Appears in 2 contracts
Samples: Purchase Agreement (NTR Acquisition Co.), Purchase Agreement (NTR Acquisition Co.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall will be true and correct at in all material respects on and as of such Closing Date as though then madethe date of Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Microhelix Inc), Preferred Stock Purchase Agreement (Microhelix Inc)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall be true and correct at and as of such on the Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Senorx Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Initial Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the Closing Date, unless another date is specified therein.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (ClearStory Systems, Inc.), Convertible Preferred Stock Purchase Agreement (ClearStory Systems, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 and in the Underwriting Agreement shall be true and correct at and as of such Closing Date as though then made.
Appears in 2 contracts
Samples: Private Placement Warrants Purchase Agreement (Haymaker Acquisition Corp. II), Private Placement Warrants Purchase Agreement (Haymaker Acquisition Corp. II)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 shall be true and correct at and as of such on the Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Miromatrix Medical Inc.), Note and Warrant Purchase Agreement (Miromatrix Medical Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 hereof shall be true and correct at in all material respects on and as of such the Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Stock Subscription Agreement (Onsite Energy Corp), Stock Subscription Agreement (Western Resources Inc /Ks)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of the Closing, unless another date is specified therein.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Usdata Corp), Series C Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at in all material respects on and as of such the Closing Date with the same effect as though then madesuch representations and warranties had been made on and as of the date of the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Xiox Corp), Stock Purchase Agreement (Xiox Corp)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made and shall be true and correct at and as of such on the Initial Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Redaptive, Inc.), Note Purchase Agreement (Redaptive, Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section Article 2 shall be true and correct at and as of such the Closing Date as though then madeDate.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Bionano Genomics, Inc), Common Stock Purchase Agreement (Regulus Therapeutics Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such the Initial Closing Date as though then made.
Appears in 2 contracts
Samples: Private Placement Warrants Subscription Agreement (Rodgers Silicon Valley Acquisition Corp), Private Placement Warrants Subscription Agreement (Rodgers Silicon Valley Acquisition Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 2, as qualified by the Disclosure Schedule (as the same may be updated by the Company prior the applicable Closing), shall be true and correct at as of such applicable Closing with the same effect as though such representations and warranties had been made on and as of the date of such Closing Date as though then madeClosing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Victory Electronic Cigarettes Corp), Securities Purchase Agreement (WaferGen Bio-Systems, Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section SECTION 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such on the Applicable Closing Date as though then madeif made on the Applicable Closing Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Vitrotech Corp)
Representations and Warranties. The Company's representations and warranties of the Company contained in Section Article 2 shall be true and correct at in all material respects on and as of the date hereof and on the relevant Subsequent Closing Date with the same effect as made on and as of such Closing Date as though then madedate.
Appears in 1 contract
Samples: Securities Purchase Agreement (King Pharmaceuticals Inc)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall be true and correct at and as of such in all material respects on the Second Closing Date as though then madeDate.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Brekford Corp.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of the Closing Date (and the Second Closing Date, if applicable) with the same effect as though such representations and warranties had been made on and as of the date of such Closing Date as though then made(or Second Closing Date, if applicable).
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Seal Holdings Corp)
Representations and Warranties. The representations and warranties of made by the Company contained in Section Article 2 shall have been true and correct when made, and shall be true and correct at and as of such on the Closing Date as though then madeDate.
Appears in 1 contract
Samples: Securities Purchase Agreement (Prism Technologies Group, Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall be true and correct at and as of in all material respects on such Additional Closing Date as though then madeDate.
Appears in 1 contract
Representations and Warranties. The representations and warranties of the Company contained in Section section 2 shall be true and correct at in all material respects on and as of such the Closing Date with the same effect as though then madethose representations and warranties had been made on and as of the Closing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Network Event Theater Inc)
Representations and Warranties. The Company’s representations and warranties of the Company contained in Section Article 2 shall be true and correct at in all material respects on and as of the date hereof and on the relevant Subsequent Closing Date with the same effect as made on and as of such Closing Date as though then madedate.
Appears in 1 contract
Samples: Securities Purchase Agreement (Palatin Technologies Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all respects as of such Closing Date the Closing, as though then mademodified by the Disclosure Schedule in the form attached hereto.
Appears in 1 contract
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 (as modified by the disclosures on the Schedule of Exceptions) shall be true and correct at and as of such Closing Date as though then madethe date of the Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Altria Group, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such Closing Date as though then made..
Appears in 1 contract
Samples: Private Placement Units Purchase Agreement (ITHAX Acquisition Corp.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and as of such the Closing Date as though then madeDate.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Eiger BioPharmaceuticals, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 2, shall be true and correct at and as of such Closing Date as though then madethe date hereof.
Appears in 1 contract
Samples: ’ Securities Purchase Agreement (FinTech Acquisition Corp.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section Article 2 shall be true and correct at and in all material respects as of such the Second Closing Date as though then madeDate.
Appears in 1 contract
Samples: Securities Purchase Agreement (Memory Pharmaceuticals Corp)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such the date of the Initial Closing Date or the Second Closing, as the case may be, with the same effect as though then madesuch representations and warranties had been made on and as of the date of the Initial Closing or Second Closing, as the case may be (except for representations and warranties that speak as of a specific date).
Appears in 1 contract
Samples: Securities Purchase Agreement (Fiberstars Inc /Ca/)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of the date of the Closing, with the same effect as though such representations and warranties had been made on and as of such Closing Date as though then madedate.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Metabasis Therapeutics Inc)
Representations and Warranties. The representations and warranties of made by the Company contained Corporation in Section 2 hereof shall be true and correct at in all material respects on and as of such Closing Date as though then madeif made on and as of such date.
Appears in 1 contract
Samples: Note Purchase Agreement (Laserlock Technologies Inc)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such Closing Date as though then madeClosing.
Appears in 1 contract
Representations and Warranties. The representations and warranties of the Company contained in Section 2 2, shall be true and correct at and as of such the Closing Date as though then made.
Appears in 1 contract
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at complete in all material respects on the date of the Closing with the same effect as though such representations and warranties had been made on and as of such Closing Date as though then madethe Closing.
Appears in 1 contract
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 (as modified by the disclosures on Disclosure Schedules) shall be true and correct at and as of the date of such Closing Date as though then madeClosing.
Appears in 1 contract
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall be true and correct at and as of such in all material respects on the Initial Closing Date as though then madeDate.
Appears in 1 contract
Samples: Debenture and Warrant Purchase Agreement (Lowell Farms Inc.)
Representations and Warranties. The representations and warranties of made by the Company contained in Section 2 hereof shall have been true and correct when made, and shall be true and correct at and as of such the Closing Date as though then madeDate.
Appears in 1 contract
Samples: Credit Agreement (Amyris, Inc.)
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at and in all respects as of such Closing Date Closing, other than any such representations and warranties that, by their terms, refer to a specific date other than Closing, in which case such representations and warranties shall be true and correct in all respects as though then madeof such specific date.
Appears in 1 contract
Representations and Warranties. The representations and warranties of the Company contained in Section 2 hereof shall be true and correct at and as on the date of such Closing Date as though then madethe Closing.
Appears in 1 contract
Representations and Warranties. The representations and warranties of the Company contained in Section 2 shall be true and correct at on and as of such Closing Date as though then made.the date of the Closing
Appears in 1 contract
Samples: Warrant and Common Stock Purchase Agreement (Enova Systems Inc)
