CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 30 contracts
Samples: Credit Agreement (Pet Quarters Inc), Credit Agreement (Paradigm Medical Industries Inc), Private Securities Subscription Agreement (Nuwave Technologies Inc)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Draw Down Shares to the Investor incident to each Closing Settlement is subject to the satisfaction, at or before each such ClosingSettlement, of each of the conditions set forth below.
Appears in 8 contracts
Samples: Private Equity Line Financing Agreement (Dendreon Corp), Line Financing Agreement (Computer Motion Inc), Financing Agreement (Biopure Corp)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares Common Stock to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below, which conditions cannot be waived without the prior written consent of the Company.
Appears in 7 contracts
Samples: Flexible Financing Agreement (Cygnus Inc /De/), Equity Line Financing Agreement (Asm International N V), Structured Equity Line Flexible Financing Agreement (Cygnus Inc /De/)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares to the Investor incident to each Put Closing is subject to the satisfaction, at or before each such Put Closing, of each of the conditions set forth below.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Earth Search Sciences Inc), Common Stock Purchase Agreement (Science Dynamics Corp), Credit Agreement (Homeseekers Com Inc)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Commitment Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Practice Works Inc), Stock Purchase Agreement (Practice Works Inc), Securities Purchase Agreement (Globalnet Inc)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares Common Stock to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 2 contracts
Samples: Line of Credit Agreement (Advanced Media Inc), Line of Credit Agreement (Zila Inc)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares, the Commitment Shares and the Additional Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Famous Fixins Inc), Stock Purchase Agreement (Famous Fixins Inc)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Initial Shares and the Put Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 1 contract
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares , the Commitment Shares and the Additional Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 1 contract
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares Common Stock to the Investor Purchasers incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 1 contract
Samples: Equity Financing Agreement (American International Petroleum Corp /Nv/)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares Common Stock to the Investor incident to each Closing Date is subject to the satisfaction, at or before each such ClosingClosing Date, of each of the conditions set forth below, which conditions cannot be waived without the prior written consent of the Company.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Centura Software Corp)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.. (a Accuracy of Investor's Representation and Warranties. The
Appears in 1 contract
Samples: Private Equity Credit Agreement (Bioshield Technologies Inc)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares to the Investor incident to each Closing Settlement Date is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 1 contract
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares Common Stock to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below, which conditions cannot be waived without the prior written consent of the Company and the Investor.
Appears in 1 contract
Samples: Structured Equity Line Flexible Financingsm Agreement (GRC International Inc)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.:
Appears in 1 contract
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares to the Investor Investors (pro rata) incident to each Put Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 1 contract
Samples: Credit Agreement (Imaging Diagnostic Systems Inc /Fl/)
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Call Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 1 contract
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE AND SELL COMMON STOCK. The obligation hereunder of the Company to issue and sell the Put Shares , the Commitment Shares and the Adjustment Shares to the Investor incident to each Closing is subject to the satisfaction, at or before each such Closing, of each of the conditions set forth below.
Appears in 1 contract
Samples: Stock Purchase Agreement (Integrated Technology Group)
