Common use of Additional Closing Dates Clause in Contracts

Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares to each Buyer at each of the Additional Closings is subject to the satisfaction, at or before the respective Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c). (ii) Such Buyer shall have delivered to the Company the Purchase Price for the Additional Preferred Shares being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Yieldup International Corp), Securities Purchase Agreement (Cell Genesys Inc)

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Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares and the related Warrants to each the applicable Buyer at each of the Additional Closings is subject to the satisfaction, at or before the respective Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c). (ii) Such Buyer shall have delivered to the Company the Purchase Price for the Additional Preferred Shares and the related Warrants being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Argosy Gaming Co)

Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares Notes to each Buyer at each of the applicable Additional Closings Buyers at each Additional Closing is subject to the satisfaction, at or before the respective applicable Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Additional Buyer with prior written notice thereof: (i) Such Additional Buyer shall have complied with the requirements of Section 1(c). (ii) Such and each other applicable Additional Buyer shall have delivered to the Company the Purchase Price purchase price contemplated pursuant to Section 1(d) for the Additional Preferred Shares Notes being purchased by such Additional Buyer at the such Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iiiii) The representations and warranties of such Additional Buyer shall be true and correct in all material respects as of the date when made and as of the such Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Additional Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Additional Buyer at or prior to the such Additional Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Real Estate Partners L P)

Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares to each Buyer at each of the Additional Closings is subject to the satisfaction, at or before the respective Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c)1(d) and the other conditions of Section 1(d) shall have been satisfied. (ii) Such Buyer shall have delivered to the Company the Purchase Price for the Additional Preferred Shares being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Intelect Communications Inc)

Additional Closing Dates. The obligation of the Company ------------------------ hereunder to issue and sell the Additional Preferred Shares to each Buyer at each of the Additional Closings Closing is subject to the satisfaction, at or before the respective Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c). (ii) Such Buyer shall have delivered to the Company the Purchase Price for the Additional Preferred Shares and the related Warrants being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iiiii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Data Race Inc)

Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares and the related Warrants to each Buyer at each of the Additional Closings is subject to the satisfaction, at or before the respective Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c). (ii) Such Buyer shall have delivered to the Company the Purchase Price for the Additional Preferred Shares and the related Warrants being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date.of

Appears in 1 contract

Samples: Securities Purchase Agreement (Oncor Inc)

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Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares and the related Warrants to each Buyer at each of the Additional Closings is subject to the satisfaction, at or before the respective Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c). (ii) Such Buyer shall have delivered to the Company the Purchase Price for the Additional Preferred Shares and the related Warrants being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Imaging Technologies Corp/Ca)

Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares Notes to each Buyer at each of the Additional Closings is subject to the satisfaction, at or before the respective Additional Closing DateDates, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c). (ii) Such and each other Buyer shall have delivered to the Company the Additional Purchase Price for the Additional Preferred Shares Notes being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iiiii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (MDwerks, Inc.)

Additional Closing Dates. The obligation of the Company hereunder to issue and sell the Additional Preferred Shares to each Buyer at each of the Additional Closings is subject to the satisfaction, at or before the respective Additional Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have complied with the requirements of Section 1(c)1(d) and the other conditions of Section 1(d) shall have been satisfied. (ii) Such Buyer shall have delivered to the Company the Purchase Price for the Additional Preferred Shares being purchased by such Buyer at the Additional Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (iii) The representations and warranties of such Buyer shall be true and correct in all material respects as of the date when made and as of the Additional Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Additional Closing Date. The Company shall have received a certificate, executed on behalf of such Buyer, dated as of such Additional Closing Date, to the foregoing effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ariad Pharmaceuticals Inc)

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