Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the Closing is subject to the satisfaction or waiver by the Company, at the Closing, of each of the following conditions:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Dialog Semiconductor PLC), Securities Purchase Agreement (Dialog Semiconductor PLC)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell issue the Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 6 contracts
Samples: Securities Purchase Agreement (Kura Oncology, Inc.), Securities Purchase Agreement (Tempest Therapeutics, Inc.), Securities Purchase Agreement (Assure Holdings Corp.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Common Shares and Warrants at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Celgene Corp /De/), Securities Purchase Agreement (Alliqua, Inc.), Stock Purchase Agreement (Alliqua, Inc.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Company Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Hi Tech Pharmacal Co Inc), Securities Purchase Agreement (Corvis Corp), Securities Purchase Agreement (Able Laboratories Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Purchased Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Sandridge Energy Inc), Securities Purchase Agreement (Dyadic International Inc), Stock Purchase Agreement (Sandridge Energy Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Shares and Warrants at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Dreams Inc), Securities Purchase Agreement (MCF Corp), Securities Purchase Agreement (uWink, Inc.)
Conditions Precedent to the Obligations of the Company. The Company’s obligation of the Company to sell the Securities and issue Purchased Shares to a Purchaser at the Closing is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Assumption Agreement (2seventy Bio, Inc.), Assumption Agreement (2seventy Bio, Inc.), Securities Purchase Agreement (Bluebird Bio, Inc.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell consummate the sale and purchase of the Securities at the Closing is is, at its option, subject to the satisfaction satisfaction, on or waiver by before the CompanyClosing Date, at the Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Concentra Operating Corp), Securities Purchase Plan (Concentra Operating Corp), Securities Purchase Agreement (Concentra Operating Corp)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Purchased Securities at the each Closing is subject to the satisfaction or waiver by the Company, at the or before such Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Master Investment Agreement (Terrestar Corp), Master Investment Agreement (Terrestar Corp), Master Investment Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the each Closing is subject to the satisfaction or waiver by the Company, at the or before each Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the Closing Date is subject to the satisfaction or waiver by the Company, at or before the ClosingClosing Date, of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Imperial Resources, Inc.), Securities Purchase Agreement (Imperial Resources, Inc.), Securities Purchase Agreement (Imperial Resources, Inc.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the Closing is subject to the satisfaction by the Purchasers (or waiver by the Company), at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pfsweb Inc), Securities Purchase Agreement (Aastrom Biosciences Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to issue and sell the Securities Ordinary Shares at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Enlivex Therapeutics Ltd.), Securities Purchase Agreement
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Initial Shares at the Initial Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Preferred Shares at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (ModusLink Global Solutions Inc), Preferred Stock Purchase Agreement (Falconstor Software Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the Closing to any Investor is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditionsconditions with respect to the Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Champions Oncology, Inc.), Securities Purchase Agreement (Threshold Pharmaceuticals Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Purchased Shares at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Share Purchase Agreement (VBI Vaccines Inc/Bc), Common Stock Purchase Agreement (Thomas Properties Group Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Company Shares at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Broadwing Corp), Purchase Agreement (Broadwing Corp)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to issue and sell the Securities Ordinary Shares at the applicable Closing is subject to the satisfaction or waiver by the Company, at or before the applicable Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Share Purchase Agreement (Ivy Jerry Lafe JR), Share Purchase Agreement (On Track Innovations LTD)
Conditions Precedent to the Obligations of the Company. The Company’s obligation of the Company to sell and issue the Securities at the Closing is is, at the option of the Company, subject to the satisfaction fulfillment or waiver by the Company, at the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mandalay Media, Inc.), Securities Purchase Agreement (Vyyo Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, Closing of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (GRANDPARENTS.COM, Inc.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the Closing is subject to the satisfaction or waiver by the Company, at the or before such Closing, of each of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Global BPO Services Corp)
Conditions Precedent to the Obligations of the Company. The Company's obligation of the Company to sell and issue the Securities Shares at the Closing to the Purchaser is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Conditions Precedent to the Obligations of the Company. The Company’s obligation of the Company to sell and issue Purchased Shares to the Securities Purchaser at the Closing is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Shares at the Closing to each Investor is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Communication Intelligence Corp)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Common Shares and Warrant at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities to each respective Investor at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Access Pharmaceuticals Inc)
Conditions Precedent to the Obligations of the Company. The Company’s obligation of the Company to sell and issue Purchased Shares to the Securities Purchasers at the Closing is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (BridgeBio Pharma, Inc.)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the each Closing is subject to the satisfaction or waiver by the Company, at the or before such Closing, of each of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Wca Waste Corp)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the applicable Closing is subject to the satisfaction or waiver by the Company, at the or before such Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Aspen Technology Inc /De/)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities Purchased Shares at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:: (a)
Appears in 1 contract
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities to any Purchaser at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Conditions Precedent to the Obligations of the Company. and the Selling Stockholders to Sell Securities. The obligation of the Company and the Selling Stockholders to sell the Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Intra Asia Entertainment Corp)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the each Closing is subject to the satisfaction or waiver by the Company, at the or before such Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Cape Coastal Trading Corp)
Conditions Precedent to the Obligations of the Company. The Company’s obligation of the Company to sell and issue the Securities Shares at the Closing to the Purchaser is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the Closing is subject to the satisfaction or or, to the extent permitted by law, waiver by the Company, at or before the First Closing or the Second Closing, as applicable, of each of the following conditions:conditions (which, unless expressly stated otherwise, apply to both Closings):
Appears in 1 contract
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the or exchange Securities at the applicable Closing is subject to the satisfaction or waiver by the Company, at the or before such Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Aspen Technology Inc /De/)
Conditions Precedent to the Obligations of the Company. The obligation of the Company under this Agreement to sell the Securities at the Closing Shares is subject to the satisfaction or waiver by the Company, Company at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Debt Conversion Agreement (Granite City Food & Brewery LTD)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities New Debenture to the Purchaser at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Debenture Purchase Agreement
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the a particular Closing to an Investor is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Acura Pharmaceuticals, Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company and the Selling Stockholder to sell the Company Securities and Selling Stockholder Securities, respectively, at the Closing is subject to the satisfaction or waiver by the Companysuch Seller, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Central European Distribution Corp)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at Shares, Notes and Warrants to the Closing Purchaser is subject to the satisfaction or waiver by the Company, at or before the Closingapplicable Closing Date, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Global Payment Technologies Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to issue and sell the Securities Shares at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (WPP PLC)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities at the each Closing is subject to the satisfaction or waiver by the Company, at or before the relevant Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Conditions Precedent to the Obligations of the Company. The ------------------------------------------------------ obligation of the Company to sell the Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Mercator Software Inc)
Conditions Precedent to the Obligations of the Company. The obligation of the Company to sell the Securities to an Investor at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase and Registration Rights Agreement (Four Rivers Bioenergy Inc.)
