Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 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 10 contracts
Samples: Placement Agency Agreement (Biolase, Inc), Placement Agency Agreement (Biolase, Inc), Placement Agency Agreement (Biolase, Inc)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 the 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 (Stryve Foods, Inc.), Placement Agency Agreement (IceCure Medical Ltd.), Placement Agency Agreement (Airship AI Holdings, Inc.)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 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 6 contracts
Samples: Placement Agency Agreement (Global Mofy Metaverse LTD), Placement Agency Agreement (Global Mofy Metaverse LTD), Placement Agency Agreement (Canaan Inc.)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 the 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 6 contracts
Samples: Placement Agency Agreement (Pharmathene, Inc), Agency Agreement (Chelsea Therapeutics International, Ltd.), Agency Agreement (Chelsea Therapeutics International, Ltd.)
Conditions of the Obligations of the Placement Agents. The obligations of the each Applicable Placement Agents hereunder Agent with respect to a Placement as provided herein shall be subject to the continuing accuracy of the representations and warranties on the part of the Company set forth in Section 2 (the “Representations and Warranties”) hereof, or in each case as the certificate of any officer of the date hereof and as of Company delivered pursuant to the Closing Date as though then madeprovisions 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 2 contracts
Samples: Newtek Business Services (Newtek Business Services Corp.), Newtek Business Services (Newtek Business Services Corp.)
Conditions of the Obligations of the Placement Agents. The obligations of the each Applicable Placement Agents hereunder Agent with respect to a Placement as provided herein shall be subject to the continuing accuracy of the representations and warranties on the part of the Company set forth in Section 2 (the “Representations and Warranties”) hereof, and in each case as the certificate of any officer of the date hereof and as of Company delivered pursuant to the Closing Date as though then madeprovisions 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 2 contracts
Samples: Equity Distribution Agreement (Newtek Business Services Corp.), Equity Distribution Agreement (Newtek Business Services Corp.)
Conditions of the Obligations of the Placement Agents. The respective obligations of the several Placement Agents 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 1 hereof as of the date hereof and as of 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 (KushCo Holdings, Inc.), Placement Agency Agreement (Advaxis, Inc.)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 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 (Moxian, Inc.), Placement Agency Agreement (Moxian, Inc.)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 herein (as of the date hereof and as of though made on the Closing Date as though then madeDate), 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 2 contracts
Samples: Placement Agency Agreement (Biodel Inc), Placement Agency Agreement (Cell Genesys Inc)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 herein (as though made as of the date hereof Applicable Time and as of on the Closing Date as though then madeDate), 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 2 contracts
Samples: Placement Agency Agreement (Spherix Inc), Subscription Agreement (Clearsign Combustion Corp)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 Investment Agreement, in each case as of the date hereof and as of the 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 (Perspective Therapeutics, Inc.)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents hereunder shall will be subject to the accuracy of the representations and warranties on the part in all material respects of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of the 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 1 contract
Conditions of the Obligations of the Placement Agents. The respective obligations of the Placement Agents 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 the 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 dateshereunder, and to each of the following additional conditions:
Appears in 1 contract
Samples: Placement Agency Agreement (Cidara Therapeutics, Inc.)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 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 1 contract
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 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 1 contract
Samples: Placement Agency Agreement (Avant Immunotherapeutics Inc)
Conditions of the Obligations of the Placement Agents. The respective obligations of the Placement Agents 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 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
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 herein (as though made [as of the date hereof and as of Applicable Time and][on] the Closing Date as though then madeDate), 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 1 contract
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 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 (Discovery Laboratories Inc /De/)
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth in Section 2 hereof, in each case as of the date hereof and as of the applicable Closing Date of an Offering as though then made, to the timely performance by each of the Company and the Selling Stockholders of its or their covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:
Appears in 1 contract
Conditions of the Obligations of the Placement Agents. The obligations of the Placement Agents 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 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 Agency Agreement (Ebang International Holdings Inc.)