Common use of Best Efforts Offering Clause in Contracts

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 29 contracts

Samples: Letter Agreement (Lexaria Bioscience Corp.), Letter Agreement (Moleculin Biotech, Inc.), Letter Agreement (Histogen Inc.)

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Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions representations and closing deliverables warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 28 contracts

Samples: Letter Agreement (Neuralstem, Inc.), Letter Agreement (Energy Focus, Inc/De), Letter Agreement (China Jo-Jo Drugstores, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions representations and closing deliverables warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 17 contracts

Samples: Letter Agreement (Microbot Medical Inc.), Letter Agreement (Bio-Path Holdings Inc), Letter Agreement (Arch Therapeutics, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 17 contracts

Samples: Letter Agreement (Genius Group LTD), Letter Agreement (My Size, Inc.), Letter Agreement (Lipella Pharmaceuticals Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, warranties and covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 14 contracts

Samples: Letter Agreement (Oncternal Therapeutics, Inc.), Letter Agreement (Oncternal Therapeutics, Inc.), Letter Agreement (Aikido Pharma Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, warranties and covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Letter Agreement (Cocrystal Pharma, Inc.), Letter Agreement (Akers Biosciences, Inc.), Letter Agreement (Pulmatrix, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be reasonably available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Letter Agreement (Addex Therapeutics Ltd.), Letter Agreement (Xenetic Biosciences, Inc.), Letter Agreement (Xenetic Biosciences, Inc.)

Best Efforts Offering. If an Offering is on a best best-efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third third-party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Letter Agreement (Harbor Custom Development, Inc.), Letter Agreement (Dermata Therapeutics, Inc.), Letter Agreement (Agile Therapeutics Inc)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, warranties covenants and closing conditions and deliverables made by the Company in any Offering Documents, including representations, warranties, covenants and closing deliverables included conditions made to any investor in the Purchase AgreementOffering . Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Outlook Therapeutics, Inc.)

Best Efforts Offering. If an Offering is on a best best-efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third third-party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (CNS Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWaxxxxxxxx. Xxxxxxxxxx shall Waxxxxxxxx xhall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Intec Parent Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx {3559107.DOCX:2} 4 shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Arcadia Biosciences, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase or subscription agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, covenants and closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Diffusion Pharmaceuticals Inc.)

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Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWainwright. Xxxxxxxxxx shall be a third Wxxxxxxxxx shaxx xx x xxird party beneficiary with respect to the representations, warranties, warranties and covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Oncternal Therapeutics, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing Exhibit 1.1 conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Interactive Strength, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Avinger Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, warranties and covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available upon reasonable notice to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Aeterna Zentaris Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, warranties and covenants and closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Eyegate Pharmaceuticals Inc)

Best Efforts Offering. If an Offering is on a best efforts efforts’ basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third third-party beneficiary with respect to the representations, warranties, warranties and covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available upon reasonable notice to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Aeterna Zentaris Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, warranties and covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Gevo, Inc.)

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