Conditions of the Company’s Obligations at Closing. The Company's obligation to issue and sell the Shares at each Closing is subject to the fulfillment on or prior to such Closing of the following conditions:
Appears in 4 contracts
Samples: Agreement (Aurora Biosciences Corp), Agreement (Aurora Biosciences Corp), Preferred Stock Purchase Agreement (Aurora Biosciences Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Investors at each the Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 4 contracts
Samples: Series a Preferred Stock Purchase Agreement, Series a Preferred Stock Purchase Agreement, Series a Preferred Stock Purchase Agreement (Comstock Mining Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company with respect to issue and sell the Shares at each Closing is Investor under this Agreement are subject to the such Investor’s fulfillment on or prior to such before the Closing of each of the following conditionsconditions by the Investor:
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Mdu Communications International Inc), Stock and Warrant Purchase Agreement (Neuro-Hitech, Inc.), Stock and Warrant Purchase Agreement (Vistula Communications Services, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Purchased Shares to the Shares Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 4 contracts
Samples: Stock Purchase Agreement (China Tel Group Inc), Stock Purchase Agreement (China Tel Group Inc), Stock Purchase Agreement (China Tel Group Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each a Closing is are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 4 contracts
Samples: Stock Purchase Agreement (SeqLL, Inc.), Stock Purchase Agreement (SeqLL, Inc.), Series a Preferred Stock Purchase Agreement (Groundfloor Finance Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Preferred Sale Shares to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived. In the event there is more than one closing, the following conditions shall apply to each such Closing:
Appears in 3 contracts
Samples: Investors Rights Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD), Preferred Share Purchase Agreement (ECMOHO LTD)
Conditions of the Company’s Obligations at Closing. The Company's obligation to issue and sell obligations of the Shares Company at each Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived by the Company:
Appears in 3 contracts
Samples: Convertible Secured Note and Warrant Purchase Agreement (Rockdale Resources Corp), Convertible Note and Warrant Purchase Agreement (Rockdale Resources Corp), Convertible Secured Note and Warrant Purchase Agreement (Rockdale Resources Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Subscribed Shares to the Shares Investors at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 3 contracts
Samples: Investors Rights Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD), Share Subscription Agreement (ECMOHO LTD)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares at each Closing is Investors under this Agreement are subject to the fulfillment on or prior to such before any Closing of each of the following conditionsconditions by the Investors:
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Invivo Therapeutics Holdings Corp.), Securities Purchase Agreement (Organovo Holdings, Inc.), Securities Purchase Agreement (Invivo Therapeutics Holdings Corp.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell purchase the Shares at each Closing is are subject to the fulfillment on or prior to such before the Closing of each of the following conditions:
Appears in 3 contracts
Samples: Share Purchase Agreement (Aspen Insurance Holdings LTD), Share Purchase Agreement (Aspen Insurance Holdings LTD), Share Purchase Agreement (Aspen Insurance Holdings LTD)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Notes and Warrants to the Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 3 contracts
Samples: Senior Note and Warrant Purchase Agreement (Coupon Express, Inc.), And Warrant Purchase Agreement (Coupon Express, Inc.), And Warrant Purchase Agreement (Psi Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Battalion Oil Corp), Agreement and Plan of Merger (Battalion Oil Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless . otherwise waived:
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Anterios Inc), Series B Preferred Stock Purchase Agreement (Anterios Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchaser at each the Closing is are subject to the fulfillment fulfilment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Stock Purchase Agreement (A123 Systems, Inc.), Stock Purchase Agreement (IHI Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions, unless otherwise waived by the Company in its discretion:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Klaviyo, Inc.), Stock Purchase Agreement (Klaviyo, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to sell a Note and issue and sell Warrants to the Shares Investor at each Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before each Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Note Purchase Agreement (Opgen Inc), Note Purchase Agreement (Opgen Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Closing is are subject to the fulfillment on fulfillment, at or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue sell and sell allot the Purchased Shares to the Investor at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions:, unless otherwise waived.
Appears in 2 contracts
Samples: Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD), Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Stock to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Aethlon Medical Inc), Stock Purchase Agreement (Aethlon Medical Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to sell and issue and sell the Shares at each the Closing is are subject to the fulfillment on at or prior to such before the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (OccuLogix, Inc.), Series a Preferred Stock Purchase Agreement (OccuLogix, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Investor at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Calithera Biosciences, Inc.), Common Stock Purchase Agreement (Denali Therapeutics Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to before such Closing (unless otherwise stated), of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Caribou Biosciences, Inc.), Series C Preferred Stock Purchase Agreement (Caribou Biosciences, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares at each Closing is Investor under this Subscription Agreement are subject to the Investor's fulfillment on or prior to such before the Closing of each of the following conditionsconditions by the Investor:
Appears in 2 contracts
Samples: Subscription Agreement (Mdu Communications International Inc), Subscription Agreement (Mdu Communications International Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation of the Company to issue and sell the Shares Note to the Investor at each the Closing is subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived by the Company:
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Marrone Bio Innovations Inc), Convertible Note Purchase Agreement (Marrone Bio Innovations Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each any Closing is are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Super League Gaming, Inc.), Common Stock Purchase Agreement (Super League Gaming, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Cryolife Inc), Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Securities to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Croe, Inc.), Securities Purchase Agreement (AeroGrow International, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Note to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Note Purchase Agreement (Marrone Bio Innovations Inc), Note Purchase Agreement (Marrone Bio Innovations Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Arrowhead Research Corp), Preferred Stock Purchase Agreement (Arrowhead Research Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation to issue and sell the Shares at each Closing is subject to the fulfillment satisfaction, on or prior to such Closing Closing, of the following conditions:
Appears in 2 contracts
Samples: Collaboration and License Agreement (Affymax Inc), Collaboration and License Agreement (Affymax Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Units to the Shares Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Securities Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Purchased Stock to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Convertible Note to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Securities Purchase Agreement (SHARING SERVICES GLOBAL Corp), Securities Purchase Agreement (SHARING SERVICES GLOBAL Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is or Milestone Warrants at any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Anebulo Pharmaceuticals, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation of the Company to issue and sell Shares to any Purchaser at the Shares at each Initial Closing is subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditionsconditions with respect to such Purchaser, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares to each Purchaser at each a Closing is are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditionsconditions of such Purchaser, unless otherwise waived:
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Intercept Pharmaceuticals Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Units to any Purchaser at the Shares at each Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation of the Company to issue and sell the Shares at each the Closing is subject to the fulfillment on fulfillment, at or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Securities Purchase Agreement (Paulson Capital (Delaware) Corp.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is [or any subsequent Closing] are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions:, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation of the Company to issue and sell the Shares to Purchaser at each the Closing is subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Common Stock Purchase Agreement
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares at each Investor with respect to each Closing is at which such Investor purchases any Securities hereunder are subject to the fulfillment on or prior to such before the Closing of each of the following conditionsconditions by that Investor:
Appears in 1 contract
Samples: Series D Preferred Stock and Warrant Purchase Agreement (Great Basin Scientific, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Securities to the Shares Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Unit Purchase Agreement (ProMIS Neurosciences Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Notes to the Investors at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Marrone Bio Innovations Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares and Warrant to the Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Exchange and Subscription Agreement (IMH Financial Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Preferred Shares to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series a Preferred Share Purchase Agreement (Zoom Technologies Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Securities to the Purchasers at each Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (CannaVEST Corp.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Securities to the Shares Purchasers at each the Initial Closing is or any Subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions:, unless otherwise waived:
Appears in 1 contract
Samples: Unit Purchase Agreement (ProMIS Neurosciences Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell each Investor participating in the Shares at each Closing is are subject to the fulfillment on or prior to such the Closing of each of the following conditionsconditions by that Investor:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Granto, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell New Units to the Shares Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Subscription Agreement (Falcon's Beyond Global, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company with respect to issue and sell the Shares at each Closing is Investor under this Agreement are subject to the such Investor’s fulfillment on or prior to such before the Closing of each of the following conditionsconditions by the Investors:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of --------------------------------------------------- the Company to sell, issue and sell deliver the Shares and Warrants to each Investor at each the Closing is are subject to the fulfillment on or prior to such Closing written waiver by the Company of each of the following conditionsconditions by such Investor:
Appears in 1 contract
Samples: Securities Purchase Agreement (Vina Technologies Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Series B Securities to the Shares Purchaser at each the Initial Closing is or any Milestone Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Preferred Securities Purchase Agreement (22nd Century Group, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Preferred Shares to the Shares Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series a Preferred Share Purchase Agreement (Adaptimmune Therapeutics PLC)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares and the Note to the Investor at each the Initial Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Common Stock and Note Purchase Agreement (Opgen Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchaser at each Closing is the Initial Tranche Closing, or subsequent Closings, are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Adamas One Corp.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell deliver Shares to the Shares Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Purchased Interests to the Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Stronghold Digital Mining, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue sell Shares and sell Warrants to the Shares Purchaser at each the Initial Closing is and any Subsequent Closing are subject to the fulfillment fulfillment, on or prior to before each such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The obligations of the Company to the Investors under this Agreement, unless otherwise waived in writing by the Company's obligation to issue and sell the Shares at each Closing is , are subject to the fulfillment on or prior to such before the Closing of each of the following conditionsconditions by the Investors:
Appears in 1 contract
Samples: Series a Preferred Share Purchase Agreement (Perfect World Co., Ltd.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue sell Shares and sell Warrants to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Capstone Therapeutics Corp.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the First Additional Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series B Preferred Shares Purchase Agreement (AST SpaceMobile, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation to issue and sell the Shares at each the First Closing is subject to the fulfillment on or prior to such the Closing of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Vista Medical Technologies Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation ’s obligations to issue and sell the Shares at each the Closing is are, at the option of the Company, subject to the fulfillment on or prior to such Closing of the following conditions:
Appears in 1 contract
Samples: Series E Preferred Stock Subscription Agreement (ChemoCentryx, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Notes and the Warrants to the Investors at each the Initial Closing is or any other Closing are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Notes Purchase Agreement (Opgen Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions:, unless otherwise waived:5.1
Appears in 1 contract
Samples: Subscription Agreement (Tectonic Therapeutic, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Seller to issue and sell the Shares to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Stock Purchase Agreement (Daystar Technologies Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Company Shares to the Shares Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Notes to the Investors at each any Closing is are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Gelesis Holdings, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Purchased Securities at each the Closing is subject to the fulfillment on satisfaction or prior to such Closing waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Ballistic Recovery Systems Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Investors purchasing Preferred Shares at each Closing is hereunder are subject to the fulfillment on or prior to such before the Closing of each Investor's investment of each of the following conditionsconditions by such Investor:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Notes to the Purchaser at the Initial Closing and at each Monthly Closing is are subject to the fulfillment fulfillment, on or prior to before each such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Zoom Technologies Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to each Investor at the Shares at each Closing is are subject to the fulfillment fulfillment, or waiver by the Company, on or prior to such before the Closing of each of the following conditionsconditions by that Investor:
Appears in 1 contract
Samples: Securities Purchase Agreement (Redback Networks Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Initial Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Immunome Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Notes to any particular Lender at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (iLearningEngines, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Purchased Shares to the Shares Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived in a writing between the Parties:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Assets to the Purchaser at each Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Asset Purchase and Reorganization Agreement (Cognigen Networks Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation of the Company to issue and sell Purchase the Purchased Shares at each Closing is subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to Purchasers at the Shares at each Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Shares, Note and Warrants to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series a Preferred Share and Note Purchase Agreement (Velti PLC)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is [or any subsequent Closing] are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Offered Units to the Shares Purchasers at each the Initial Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditionsconditions and deliverables, unless otherwise waived:
Appears in 1 contract
Samples: Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Offered Units to the Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditionsconditions and deliverables, unless otherwise waived:
Appears in 1 contract
Samples: Series 2 Unit Purchase Agreement (Learn SPAC HoldCo, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation of the Company to issue and sell the Shares Note to the Purchaser at each the Closing is subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived by the Company, in its sole discretion:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Convertible Note and Warrant to the Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Securities Purchase Agreement (SHARING SERVICES GLOBAL Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell the Shares Notes to the Purchasers at each the applicable Closing is are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions:, unless otherwise waived.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (RTW Investments, Lp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue sell Shares and sell the Shares Bonds to the Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares, as applicable, to the Shares Purchasers at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Vascular Biogenics Ltd.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Units to the Shares Purchaser at each the Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation to issue and sell the Shares at each the Closing is subject to the fulfillment on or prior to such the Closing of the following conditions:
Appears in 1 contract
Samples: Investors' Rights Agreement (Aurora Biosciences Corp)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchaser at each the Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Securities Purchase Agreement (MGT Capital Investments Inc)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to sell, issue and sell deliver the Shares and Warrants to each Investor at each the Initial Closing is and the Second Closing, as provided in Section 1 hereof, are subject to the fulfillment on or prior to such Closing written waiver by the Company of each of the following conditionsconditions by such Investor:
Appears in 1 contract
Samples: Securities Purchase Agreement (Fiberstars Inc /Ca/)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchaser at each the applicable Closing is subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Notes to the Shares Purchasers at each any Closing is are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Good Earth Organics, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell The Notes to the Shares Purchasers at each the Initial Closing is [or any subsequent Closing] are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchasers at each the First Closing is or any Subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Stock Purchase Agreement (Energy Exploration Technologies, Inc.)
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Units to any Purchaser at the Shares at each Initial Closing is or any subsequent Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Conditions of the Company’s Obligations at Closing. The Company's obligation obligations of the Company to issue and sell Shares to the Shares Purchaser at each the Initial Closing is or the Second Closing are subject to the fulfillment fulfillment, on or prior to such Closing before the Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (XpresSpa Group, Inc.)
Conditions of the Company’s Obligations at Closing. 5.1 The Company's obligation obligations of the Company to issue and sell Shares to a Purchaser at the Shares at each Closing is are subject to the fulfillment fulfillment, on or prior to before such Closing Closing, of each of the following conditions, unless otherwise waived:
Appears in 1 contract
Samples: Registration Rights Agreement (Ondas Holdings Inc.)
