Common use of Conditions of the Obligations of the Placement Agent Clause in Contracts

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 285 contracts

Samples: Placement Agency Agreement (Helius Medical Technologies, Inc.), Placement Agency Agreement (Safe & Green Development Corp), Placement Agency Agreement (Helius Medical Technologies, Inc.)

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Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 7 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 69 contracts

Samples: Placement Agency Agreement (Glucotrack, Inc.), Placement Agency Agreement (Glucotrack, Inc.), Placement Agency Agreement (Glucotrack, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 25 contracts

Samples: Placement Agency Agreement (LogicMark, Inc.), Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (HeartBeam, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall will be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date herein (as though then mademade on such Closing Date), to the timely accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditionsconditions precedent:

Appears in 19 contracts

Samples: Placement Agent Agreement (Velo3D, Inc.), Placement Agent Agreement (Velo3D, Inc.), Placement Agency Agreement (Sphere 3D Corp)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties warranties, in all material respects, on the part of the Company set forth in Section 2 7 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 12 contracts

Samples: Placement Agency Agreement (Addentax Group Corp.), Placement Agency Agreement (Greenpro Capital Corp.), Placement Agency Agreement (Greenpro Capital Corp.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofhereof and in the Purchase Agreement, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 9 contracts

Samples: Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Wisa Technologies, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 7 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 9 contracts

Samples: Placement Agency Agreement (Progressive Care Inc.), Placement Agency Agreement (Glucose Biosensor Systems (Greater China) Holdings, Inc.), Placement Agency Agreement (Glucose Biosensor Systems (Greater China) Holdings, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofhereof as well as any representations of the Company in the Transaction Documents, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder and under the Transaction Documents on and as of such dates, and to each of the following additional conditions:

Appears in 7 contracts

Samples: Placement Agent Agreement (Inmune Bio, Inc.), Placement Agent Agreement (Inmune Bio, Inc.), Placement Agency Agreement (My Size, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date of each Offering as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 6 contracts

Samples: Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Placement Agency Agreement (Ebang International Holdings Inc.), Placement Agency Agreement (Ebang International Holdings Inc.), Placement Agency Agreement (Ebang International Holdings Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then madeDate, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Placement Agency Agreement (bioAffinity Technologies, Inc.), Placement Agency Agreement (bioAffinity Technologies, Inc.), Placement Agency Agreement (BullFrog AI Holdings, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Placement Agency Agreement (Biolife Solutions Inc), Placement Agency Agreement (Biolife Solutions Inc), Placement Agency Agreement (Biolife Solutions Inc)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date of the Offering as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Placement Agency Agreement (Majesco Entertainment Co), Placement Agency Agreement (Kana Software Inc), Placement Agency Agreement (Wave Systems Corp)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofhereof and in the Transaction Documents, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Placement Agency Agreement (Meten Holding Group Ltd.), Placement Agency Agreement (Molecular Data Inc.), Placement Agency Agreement (Basanite, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofthe Securities Purchase Agreement, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Placement Agent Agreement (Volcon, Inc.), Placement Agent Agreement (Digital Ally, Inc.), Placement Agent Agreement (Zoomcar Holdings, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case 7 hereof as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (HiTek Global Inc.), Placement Agency Agreement (China Customer Relations Centers, Inc.), Placement Agency Agreement (China Customer Relations Centers, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants made and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (Mainz Biomed N.V.), Placement Agency Agreement (Orgenesis Inc.), Placement Agency Agreement (AppTech Payments Corp.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dateshereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (Algorhythm Holdings, Inc.), Placement Agency Agreement (Elevai Labs Inc.), Placement Agency Agreement (Elevai Labs Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company set forth in Section 2 3 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (Oxygen Biotherapeutics, Inc.), Placement Agency Agreement (Oxygen Biotherapeutics, Inc.), Placement Agency Agreement (Oxygen Biotherapeutics, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the applicable Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (VivoPower International PLC), Placement Agency Agreement (VivoPower International PLC), Placement Agency Agreement (U Power LTD)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions: (a) [RESERVED]

Appears in 3 contracts

Samples: Placement Agency Agreement (Response Genetics Inc), Placement Agency Agreement (AspenBio Pharma, Inc.), Placement Agency Agreement (Nephros Inc)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, made to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (Nuwellis, Inc.), Placement Agency Agreement (Nuwellis, Inc.), Placement Agency Agreement (Nuwellis, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case case, unless otherwise noted below, as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (Trellis Earth Products Inc), Placement Agency Agreement (Trellis Earth Products Inc), Placement Agency Agreement (Trellis Earth Products Inc)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be are subject to the accuracy of the representations and warranties on statements of Company officers made pursuant to the part of the Company set forth in Section 2 provisions hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditionsconditions precedent:

Appears in 3 contracts

Samples: Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/), Placement Agent Agreement (Tellurian Inc. /De/)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofhereof and in the Purchase Agreement, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Placement Agency Agreement (Nexalin Technology, Inc.), Placement Agency Agreement (Nexalin Technology, Inc.), Placement Agency Agreement (Nexalin Technology, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofhereof and in the Purchase Agreement, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Placement Agency Agreement (Heart Test Laboratories, Inc.), Placement Agency Agreement (Heart Test Laboratories, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 9 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Placement Agent Agreement (Scienture Holdings, Inc.), Placement Agent Agreement (Flora Growth Corp.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 7 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Placement Agency Agreement (Cesca Therapeutics Inc.), Placement Agency Agreement (Cesca Therapeutics Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofhereof and in the Purchase Agreement, in each case as of the date hereof and as of each the applicable Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Wisa Technologies, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dateshereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Placement Agency Agreement (Rigel Pharmaceuticals Inc), Placement Agency Agreement (Rigel Pharmaceuticals Inc)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofthe Securities Purchase Agreement (on which the Company authorizes the Placement Agent to Rely), in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Placement Agent Agreement (SMX (Security Matters) Public LTD Co), Placement Agent Agreement (Laser Photonics Corp)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder to arrange for the sale of the Units as provided herein on the Closing Date shall be subject to (1) the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case 1 hereof as of the date hereof and as of each Closing Date as though then made, to ; (2) the timely performance by each of the Company of its covenants and other obligations hereunder on hereunder; and as of such dates, and to (3) each of the following additional conditions:

Appears in 2 contracts

Samples: Placement Agency Agreement (Adomani, Inc.), Placement Agency Agreement (Adomani, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofthe Securities Purchase Agreements dated as of December 19, 2023, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (Bynd Cannasoft Enterprises Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case hereof as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dateshereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Evogene Ltd.)

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Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 ‎12 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (Clearmind Medicine Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions: (a) [Reserved].

Appears in 1 contract

Samples: Placement Agency Agreement (Ceres, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the continuing accuracy and completeness of the representations and warranties on the part of made by the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then madeherein, to the timely due performance by each of the Company of its covenants and other obligations hereunder on and as hereunder, to the completion by the Placement Agent of such datesa due diligence review satisfactory to the Placement Agent in its reasonable judgment, and to each the continuing satisfaction (or waiver by the Placement Agent in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Galera Therapeutics, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofthe Securities Purchase Agreement (on which the Company authorizes the Placement Agent to rely), in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (Sharps Technology Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then mademade (except if any such representation or warranty speaks as to a different date), to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Sino-Global Shipping America, Ltd.)

Conditions of the Obligations of the Placement Agent. The obligations of the each Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Air Industries Group)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofthe Registration Statement (on which the Company authorizes the Placement Agent to rely), in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (Cyngn Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, (except that representations not qualified by a “Material Adverse Effect” or other materiality qualification shall be accurate in each case all material respects) as of the date hereof and as of each the Closing Date of the Offering as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder in all material respects on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Orckit Communications LTD)

Conditions of the Obligations of the Placement Agent. The obligations of the several Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dateshereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Epix Medical Inc)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder to arrange for the sale of the Securities as provided herein on the Closing Date shall be subject to (1) the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case 1 hereof as of the date hereof and as of each Closing Date as though then made, to ; (2) the timely performance by each of the Company of its covenants and other obligations hereunder on hereunder; and as of such dates, and to (3) each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Akerna Corp.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (22nd Century Group, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then mademade (other than those representations that are made as of a specific date, in which event such representation or warranty is made as of such date), to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Galena Biopharma, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, dates and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Avalon GloboCare Corp.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such datesdate, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (NovaBay Pharmaceuticals, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each the applicable Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Toro Corp.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder and the Purchasers under the Subscription Agreements, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case hereof as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dateshereunder, and to each of the following additional conditions: (a) Accountants’ Comfort Letter;

Appears in 1 contract

Samples: Placement Agency Agreement (Discovery Laboratories Inc /De/)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then madehereof, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Midatech Pharma PLC)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case hereof as of the date hereof and as of each the Closing Date as though then mademade and, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dateshereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (Dendreon Corp)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereofthe Securities Purchase Agreement (on which the Company authorizes the Placement Agent to rely), in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agent Agreement (Zoomcar Holdings, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 7 hereof, in each case as of the date hereof and as of each the Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:: A.

Appears in 1 contract

Samples: Placement Agency Agreement (Ascent Solar Technologies, Inc.)

Conditions of the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

Appears in 1 contract

Samples: Placement Agency Agreement (Collagenex Pharmaceuticals Inc)

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