At-Market Transaction. Notwithstanding Section 2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i) is obtained).
Appears in 23 contracts
Samples: Purchase Agreement (Precipio, Inc.), Purchase Agreement (Avinger Inc), Purchase Agreement (Avinger Inc)
At-Market Transaction. Notwithstanding Section 2(e)(i2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i2(f)(i) is obtained).
Appears in 10 contracts
Samples: Purchase Agreement (Conformis Inc), Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Purchase Agreement (Moleculin Biotech, Inc.)
At-Market Transaction. Notwithstanding Section 2(e)(i2(d)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i2(d)(i) is obtained).
Appears in 8 contracts
Samples: Purchase Agreement (Anthera Pharmaceuticals Inc), Purchase Agreement (Onconova Therapeutics, Inc.), Purchase Agreement (Rediff Com India LTD)
At-Market Transaction. Notwithstanding Section 2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder shareholder approval referred to in Section 2(e)(i) is obtained).
Appears in 3 contracts
Samples: Purchase Agreement (Oncolytics Biotech Inc), Purchase Agreement (Cardiome Pharma Corp), Purchase Agreement (Oncolytics Biotech Inc)
At-Market Transaction. Notwithstanding Section 2(e)(i2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price and in accordance with any other applicable rules of the Nasdaq Global Market or any other Principal Market on which the Common Stock may be listed or quoted (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i2(f)(i) is obtained).
Appears in 2 contracts
Samples: Purchase Agreement (Microvision, Inc.), Purchase Agreement (Microvision, Inc.)
At-Market Transaction. Notwithstanding Section 2(e)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Minimum Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i3.3(a) is obtained).
Appears in 1 contract
At-Market Transaction. Notwithstanding Section 2(e)(i2(d)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated herebyhereby and thereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby and thereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i2(d)(i) is obtained).
Appears in 1 contract
Samples: Purchase Agreement (Oncogenex Pharmaceuticals, Inc.)
At-Market Transaction. Notwithstanding Section 2(e)(i2(h)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i2(h)(i) is obtained).
Appears in 1 contract
Samples: Purchase Agreement (Invivo Therapeutics Holdings Corp.)
At-Market Transaction. Notwithstanding Section 2(e)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i) is obtained).at
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Alpha Healthcare Acquisition Corp Iii)
At-Market Transaction. Notwithstanding Section 2(e)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Minimum Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i3.3(a) is obtained).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Inspire Veterinary Partners, Inc.)
At-Market Transaction. Notwithstanding Section 2(e)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Minimum Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i) Stockholder Approval is obtained).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Interactive Strength, Inc.)
At-Market Transaction. Notwithstanding Section 2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated herebyhereby and thereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby and thereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i) is obtained).
Appears in 1 contract
Samples: Purchase Agreement Purchase Agreement (Achieve Life Sciences, Inc.)
At-Market Transaction. Notwithstanding Section 2(e)(iSections 3.3(a) and (b) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Minimum Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i) Stockholder Approval is obtained).
Appears in 1 contract
At-Market Transaction. Notwithstanding Section 2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(e)(i) is obtained).. NY 244821619v5
Appears in 1 contract
