Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 and 5.5 hereof.
Appears in 37 contracts
Samples: Common Stock Purchase Agreement (Synta Pharmaceuticals Corp), Common Stock Purchase Agreement (Sun Communities Inc), Common Stock Purchase Agreement (Syntroleum Corp)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.23.2, 2.12 3.10 and 5.5 6.6 hereof.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Kv Pharmaceutical Co /De/), Common Stock Purchase Agreement (Microvision Inc), Common Stock Purchase Agreement (Microvision Inc)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 1.1, 2.2, 2.12 2.12, 2.13, 4.20(ii) and 5.5 hereof.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (EnteroMedics Inc), Common Stock Purchase Agreement (Trius Therapeutics Inc)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 1.1, 2.2, 2.12 2.12, 2.13, 4.20(ii) and 5.5 hereof.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (EnteroMedics Inc), Common Stock Purchase Agreement (Trius Therapeutics Inc)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.23.2, 2.12 3.10, 3.11 and 5.5 6.6 hereof.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Amyris, Inc.), Common Stock Purchase Agreement (Globalstar, Inc.), Common Stock Purchase Agreement (Emcore Corp)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Draw Down Request Notice or Optional Amount shall not violate Sections 2.21.1, 2.12 2.7 and 5.5 2.8 hereof.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Strategic Value Partners, LLC), Common Stock Purchase Agreement (Zell Credit Opportunities Side Fund, L.P.), Common Stock Purchase Agreement (Dune Energy Inc)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 and 5.5 3.10 or 6.6 hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Humanigen, Inc), Common Stock Purchase Agreement (Bio Key International Inc)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 2.12, 2.13 and 5.5 hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Arena Pharmaceuticals Inc), Common Stock Purchase Agreement (Omeros Corp)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 1.1, 2.2, 2.12 2.12, 5.2 and 5.5 hereof.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Santa Fe Gold CORP)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 2.13 and 5.5 hereof.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 1.1, 2.2, 2.12 2.12, 5.2 and 5.5 hereof.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Santa Fe Gold CORP)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections Section 2.2, 2.12 Section 2.7 and 5.5 hereofSection 5.5.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Brazil Minerals, Inc.)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 1.1, 2.2, 2.12 2.12, 2.13 and 5.5 hereof.
Appears in 1 contract
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 2.12, 4.20(ii) and 5.5 hereof.
Appears in 1 contract
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall will not violate Sections Section 2.2, 2.12 and 5.5 hereofSection 2.7 or Section 5.5.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Brazil Minerals, Inc.)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 1.1, 2.2, 2.12 2.12, 2.13 and 5.5 hereof.
Appears in 1 contract
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 2.12, 2.14, 4.18(ii) and 5.5 hereof.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Poniard Pharmaceuticals, Inc.)
Aggregate Limit. The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 and 5.5 hereofexceed the Aggregate Limit.
Appears in 1 contract
