CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION 5.1 Conditions Precedent to the Obligation of the Company to Issue a Draw Down Notice or Grant a Call Option and Sell the Shares. The obligation hereunder of the Company to issue a Draw Down Notice or grant a Call Option and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before each Draw Down or Call Option request (the "Draw Down Exercise Date"), of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Infocure Corp), Common Stock Purchase Agreement (Aradigm Corp), Common Stock Purchase Agreement (Aronex Pharmaceuticals Inc)
CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION 5.1 Conditions Precedent to the Obligation of the Company to Issue a Draw Down Notice or Grant a Call Option and Sell the SharesCONDITIONS PRECEDENT TO THE OBLIGATION OF THE COMPANY TO ISSUE A DRAW DOWN NOTICE OR GRANT A CALL OPTION AND SELL THE SHARES. The obligation hereunder of the Company to issue a Draw Down Notice or grant a Call Option and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before each Draw Down or Call Option request (the "Draw Down Exercise DateDRAW DOWN EXERCISE DATE"), of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Epix Medical Inc), Common Stock Purchase Agreement (Ribozyme Pharmaceuticals Inc)
CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION 5.1 Conditions Precedent to the Obligation of the Company to Issue a Draw Down Notice or Grant a Call Option and Sell the Shares. The obligation hereunder of the Company to enter into this Agreement and to issue a Draw Down Notice or grant a Call Option and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before the Initial Purchase and each Draw Down or Call Option request (the "Draw Down Exercise Date"), of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Usinternetworking Inc), Common Stock Purchase Agreement (Usinternetworking Inc)
CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION 5.1 Conditions Precedent to the Obligation of the Company to Issue a Draw Down Notice or Grant a Call Option and Sell the Shares. The obligation hereunder of the Company to enter into this Agreement and to issue a Draw Down Notice or grant a Call Option and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before each Draw Down or Call Option request (the "Draw Down Exercise Date"), of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Leap Wireless International Inc)
