Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.
Appears in 24 contracts
Samples: Warrant Agreement (Greenland Corp), Investment Agreement (E Rex Inc), Investment Agreement (Meditech Pharmaceuticals Inc)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD FINRA which causes the Investor or the Company to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be dueterminated, provided that notwithstanding any termination under this section 6.13Section 6.11, the Investor shall retain full ownership of the Commitment Warrant Shares and the Fee Shares as partial consideration for its commitment hereunder.
Appears in 15 contracts
Samples: Investment Agreement (Blue Sphere Corp.), Investment Agreement (Dynamic Ventures Corp.), Investment Agreement (Amarantus BioSciences, Inc.)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment and its consulting, legal and other services rendered hereunder.
Appears in 10 contracts
Samples: Investment Agreement (Cosmoz Com Inc/Ca), Investment Agreement (American Utilicraft Corp), Investment Agreement (American Utilicraft Corp)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunderhereunder or to sell the shares obtained under this Agreement without restriction, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.136.12, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment and its consulting, legal and other services rendered hereunder.
Appears in 3 contracts
Samples: Investment Agreement (Cyber Law Reporter Inc), Investment Agreement (Cyber Law Reporter Inc), Investment Agreement (Texas Commercial Resources Inc)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.
Appears in 3 contracts
Samples: Investment Agreement (Itronics Inc), Investment Agreement (Itronics Inc), Investment Agreement (Thehealthchannel Com Inc)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment and its consulting, legal, and other services rendered hereunder.
Appears in 2 contracts
Samples: Investment Agreement (New Millennium Media International Inc), Investment Agreement (New Millennium Media International Inc)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor or the Company to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be dueterminated, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder, and provided that such termination shall have no effect on the parties' other rights and obligations under this Agreement or the Registration Rights Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Tri Valley Corp), Investment Agreement (Tri Valley Corp)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD FINRA which causes the Investor or the Company to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be dueterminated, provided that notwithstanding any termination under this section 6.13Section 6.15, the Investor shall retain full ownership of the Commitment Warrant Shares as partial consideration for its commitment hereunder.
Appears in 2 contracts
Samples: Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.), Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment and its consulting, legal and other services rendered hereunder.
Appears in 2 contracts
Samples: Investment Agreement (Integral Technologies Inc /Cn/), Investment Agreement (Guinness Telli-Phone Corp)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder, and provided that such termination shall have no effect on the parties' other rights and obligations under this Agreement, the Registration Rights Agreement, except that no cash Termination Fee shall be due.
Appears in 1 contract
Change in Law or Policy. In the event of a change in law, or -------------------------- policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.
Appears in 1 contract
Samples: Investment Agreement (E Rex Inc)
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor or the Company to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be dueterminated, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder, and provided that such termination shall have no effect on the parties' other rights and obligations under this Agreement, or the Registration Rights Agreement.
Appears in 1 contract
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunderhereunder or to sell the shares obtained under this Agreement without restriction, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment and its consulting, legal and other services rendered hereunder.
Appears in 1 contract
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be dueterminated, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment and its consulting, legal and other services rendered hereunder.
Appears in 1 contract
Change in Law or Policy. In the event of a change in law, or policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes prohibits the Investor to be unable to perform from performing its material obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.
Appears in 1 contract
Change in Law or Policy. In the event of a change in law, or -------------------------- policy of the SEC, as evidenced by a No-Action letter or other written statements of the SEC or the NASD which causes the Investor or the Company to be unable to perform its obligations hereunder, this Agreement shall be automatically terminated and no Termination Fee shall be due, provided that notwithstanding any termination under this section 6.13, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.
Appears in 1 contract
Samples: Investment Agreement (E Rex Inc)