Company’s Conditions to Closing. The Company’s obligation to issue and sell the Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):
Appears in 19 contracts
Samples: Securities Purchase Agreement (SMART Global Holdings, Inc.), Stock Purchase Agreement (Macrogenics Inc), Stock Purchase Agreement (Arvinas, Inc.)
Company’s Conditions to Closing. The Company’s obligation to issue and sell the Shares at the Closing is subject to the fulfillment as of on or prior to the Closing Date of each of the following conditions (unless waived in writing by the Company):conditions:
Appears in 8 contracts
Samples: Stock Purchase Agreement (Nitromed Inc), Collaborative Research and License Agreement (Nitromed Inc), Stock Purchase Agreement (Nuvelo Inc)
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue and sell the Shares at the Closing is Date is, at the option of the Company, subject to the fulfillment as of the Closing Date of the following conditions (unless waived in writing by the Company):conditions:
Appears in 6 contracts
Samples: Stock Purchase Agreement (Regent Communications Inc), Stock Purchase Agreement (Regent Communications Inc), Stock Purchase Agreement (Regent Communications Inc)
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue and sell the Shares of the Closing Date is, at the Closing is option of the Company, subject to the fulfillment as of the Closing Date of the following conditions (unless waived in writing by the Company):conditions:
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Omnis Technology Corp), Common Stock Purchase Agreement (Omnis Technology Corp), Stock Purchase Agreement (Omnis Technology Corp)
Company’s Conditions to Closing. The Company’s obligation obligations of Company to issue and sell the Shares at consummate the Closing is and otherwise effect the transactions contemplated by this Agreement are subject to the fulfillment as of satisfaction at or prior to the Closing of each of the following conditions (unless waived conditions, any of which may be waived, in writing writing, exclusively by the Company)::
Appears in 6 contracts
Samples: Contribution Agreement (CarePayment Technologies, Inc.), Contribution Agreement (CarePayment Technologies, Inc.), Contribution Agreement (CarePayment Technologies, Inc.)
Company’s Conditions to Closing. The Company’s obligation of the Company to sell and issue and sell the Shares of the Closing Date is, at the Closing is option of the Company, subject to the fulfillment as of the Closing Date of the following conditions (unless waived in writing by the Company):conditions:
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Raining Data Corp), Raining Data Corp, Raining Data Corp
Company’s Conditions to Closing. The Company’s obligation to issue and sell the Shares at the Closing is subject to the fulfillment as of the such Closing of the following conditions (unless waived in writing by the Company):
Appears in 5 contracts
Samples: Stock Purchase Agreement (Entrada Therapeutics, Inc.), Stock Purchase Agreement (SpringWorks Therapeutics, Inc.), Letter Agreement (Plug Power Inc)
Company’s Conditions to Closing. The Company’s obligation to issue and sell the Purchased Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):
Appears in 4 contracts
Samples: Share Purchase Agreement (Xenon Pharmaceuticals Inc.), Share Purchase Agreement (Xenon Pharmaceuticals Inc.), License and Collaboration Agreement (Xenon Pharmaceuticals Inc.)
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue and sell the Shares Notes at the each Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Amarantus BioSciences, Inc.), Purchase Agreement (Amarantus BioSciences, Inc.), Purchase Agreement (Jumpkicks, Inc.)
Company’s Conditions to Closing. The Company’s obligation of the Company to issue and sell complete the Shares sale of the Securities at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 3 contracts
Samples: Unit Subscription Agreement (Axs One Inc), Unit Subscription Agreement Common Stock and Warrants (Axs One Inc), Lightspace Corporation (Lightspace Corp)
Company’s Conditions to Closing. The Company’s obligation 's obligations to issue and sell to each Purchaser the Shares at Securities to be issued by it on the Closing is Date are subject to the fulfillment as of the Closing satisfaction of the following conditions (unless waived in writing by the Company):at Closing:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Reliance Financial Services Corp), Securities Purchase Agreement (Swiss Reinsurance America Corp), Securities Purchase Agreement (Home State Holdings Inc)
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue and sell the Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (is, unless waived in writing by the Company):, subject to the fulfillment of the following conditions:
Appears in 2 contracts
Samples: Restricted Stock Purchase Agreement (Enzon Pharmaceuticals Inc), Restricted Stock Purchase Agreement (NPS Pharmaceuticals Inc)
Company’s Conditions to Closing. The Company’s obligation 's obligations to issue and sell to Purchaser the Shares at the to be issued by it on a Closing is Date are subject to the fulfillment as of the Closing satisfaction of the following conditions (unless waived in writing by the Company):at Closing:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Daimlerchrysler Aerospace Ag), Spacehab Inc \Wa\
Company’s Conditions to Closing. The Company’s obligation to sell and issue and sell the Shares Note at the Closing is Date is, at the option of the Company, subject to the fulfillment as of the Closing Date of the following conditions (unless waived in writing by the Company):conditions:
Appears in 2 contracts
Samples: Note Purchase Agreement (Redgate Media Group), Note Purchase Agreement (Redgate Media Group)
Company’s Conditions to Closing. The Company’s obligation of the Company to issue and sell complete the Shares sale of the Units at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 2 contracts
Samples: Unit Subscription Agreement (General Moly, Inc), Unit Subscription Agreement (Rightscorp, Inc.)
Company’s Conditions to Closing. The Company’s obligation of the Company to issue and sell complete the sale of the Preferred Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (General Moly, Inc), Securities Purchase Agreement (General Moly, Inc)
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue the Debentures and sell the Shares Warrants at the Closing is subject to the fulfillment as to the satisfaction of the Company on or prior to the Closing Date of the following conditions (unless conditions, any of which may be waived in writing by the Company)::
Appears in 2 contracts
Samples: Debenture and Warrant Purchase Agreement (Antares Pharma Inc), Debenture and Warrant Purchase Agreement (Antares Pharma Inc)
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue and sell the Shares at the Closing is is, at the option of the Company, subject to the fulfillment as of the Closing Date of the following conditions (unless waived in writing by the Company):conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Summit Brokerage Services Inc / Fl), Stock Purchase Agreement (Parker Richard)
Company’s Conditions to Closing. The Company’s obligation of the Company to issue and sell the Shares at consummate the Closing is subject to the fulfillment as of at or before the Closing of the following conditions (Closing, unless otherwise waived in writing by the Company):, of the following conditions:
Appears in 1 contract
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue and sell the Shares at the Closing Date is subject to the fulfillment as of the Closing Date of the following conditions (conditions, the waiver of which shall not be effective unless waived the Company consents in writing by the Company):thereto:
Appears in 1 contract
Company’s Conditions to Closing. The Company’s obligation to issue and sell consummate the Shares Investment Transaction pursuant to the terms of this Agreement at the Closing is are subject to the fulfillment as fulfillment, prior to or at the Closing, of the Closing each of the following conditions (unless any or all of which may be waived in writing by the Company):
Appears in 1 contract
Samples: Investment Agreement (Nistec Ltd.)
Company’s Conditions to Closing. The Company’s obligation to issue and sell the applicable Shares at the a Closing is subject to the fulfillment as of the such Closing of the following conditions (unless waived in writing by the Company):
Appears in 1 contract
Company’s Conditions to Closing. The Company’s obligation to sell and issue and sell the Shares Debenture at the Closing is subject to the fulfillment as to the satisfaction of the Company on or prior to the Closing Date of the following conditions (unless conditions, any of which may be waived in writing by the Company)::
Appears in 1 contract
Samples: Debenture and Warrant Purchase Agreement (Incara Inc)
Company’s Conditions to Closing. The Company’s obligation to sell and issue and sell the Shares at the Closing is is, at the option of the Company, subject to the fulfillment as of the Closing Date of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Summit Brokerage Services Inc / Fl)
Company’s Conditions to Closing. The Company’s obligation to issue and sell the Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):): 18
Appears in 1 contract
Company’s Conditions to Closing. The Company’s 's obligation to issue and sell the Shares at to the Closing Purchaser is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Company’s Conditions to Closing. The Company’s obligation of the Company to issue and sell the Shares at effect the Closing under this Agreement is subject to the fulfillment as of on or prior to the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Samples: TPG Specialty Lending, Inc.
Company’s Conditions to Closing. The Company’s obligation of the Company to issue and sell complete the sale of the Preferred Shares at the each Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Company’s Conditions to Closing. The Company’s obligation to sell and issue and sell the Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):
Appears in 1 contract
Company’s Conditions to Closing. The Company’s obligation to sell and issue and sell any Preferred Shares or the Shares Series A Warrant at the Closing is to Investor is, at the option of the Company, subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by as of the Company):Closing:
Appears in 1 contract
Company’s Conditions to Closing. The Company’s obligation to issue close the Transaction and sell to take the Shares other actions required to be taken by it at the Closing closing is subject to the fulfillment as satisfaction, at or prior to the Closing, of the Closing each of the following conditions (unless any of which may be waived by Company, in writing by the Companywhole or in part):
Appears in 1 contract
Samples: Subscription and Share Exchange Agreement (Pepsiamericas Inc/Il/)
Company’s Conditions to Closing. The Company’s 's obligation to issue and sell the Shares at the Closing is subject to the fulfillment as of to its satisfaction on or prior to the Closing Date of each of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Film & Music Entertainment, Inc.)
Company’s Conditions to Closing. The Company’s obligation obligations of the Company to issue and sell the Shares Securities to each Purchaser at the Closing is are subject to the fulfillment as of or waiver, prior to or at the Closing Closing, of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Samples: Subscription Agreement (American Renal Associates LLC)
Company’s Conditions to Closing. The Company’s obligation to issue and sell complete the transactions contemplated by this Agreement, including the sale of the Shares at the Closing and Additional Shares, is subject to the fulfillment as of or written waiver, at or prior to the Closing (or, with respect to Company’s obligation to effect the sale of Additional Shares, the applicable Additional Closing), of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Samples: Equity Purchase Agreement (Arcturus Therapeutics Ltd.)
Company’s Conditions to Closing. The Company’s obligation 's obligations to issue and sell the Shares at the Closing hereunder is subject to the fulfillment as of satisfaction or waiver, on or before the Closing Date, of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Company’s Conditions to Closing. The Company’s 's obligation to sell and issue and sell the Shares and the Warrants at the Closing is are subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):conditions:
Appears in 1 contract
Company’s Conditions to Closing. The Company’s obligation to issue and sell the Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):): 7.1
Appears in 1 contract
Samples: Stock Purchase Agreement (Neurocrine Biosciences Inc)
