Common use of CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS Clause in Contracts

CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION 5.1 Conditions Precedent to the Issuance of a Draw Down Notice. The issuance by the Company of a Draw Down Notice, and its obligation thereby to sell the Shares to the Purchaser, is subject to the satisfaction or waiver, at or before each Draw Down Exercise Date and Settlement Date, as applicable, 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 (Columbia Laboratories Inc), Common Stock Purchase Agreement (Columbia Laboratories Inc), Common Stock Purchase Agreement (Columbia Laboratories Inc)

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CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION Section 5.1 Conditions Precedent to the Issuance Obligation of the Company to Issue a Draw Down NoticeNotice or Grant a Call Option and Sell the Shares. The issuance by obligation hereunder of the Company of to issue a Draw Down Notice, Notice or grant a Call Option and its obligation thereby to sell the Shares to the Purchaser, Purchaser is subject to the satisfaction or waiver, at or before each Draw Down Exercise Date and each Settlement Date, as applicable, 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 (Biomarin Pharmaceutical Inc)

CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION Section 5.1 Conditions Precedent to the Issuance of a Draw Down Notice. ---------------------------------------------------------- The issuance by the Company of a Draw Down Notice, and its obligation thereby to sell the Shares to the Purchaser, is subject to the satisfaction or waiver, at or before each Draw Down Exercise Date and each Settlement Date, as applicable, 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 (Nexell Therapeutics Inc)

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CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION Section 5.1 Conditions Precedent to the Issuance of a Draw Down Notice. The issuance by the Company of a Draw Down Notice, and its obligation thereby to sell the Shares to the Purchaser, is subject to the satisfaction or waiver, at or before each Draw Down Exercise Date and Settlement Date, as applicable, 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: Ordinary Shares Purchase Agreement (Commtouch Software LTD)

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