Conditions to HCW’s Obligations. The obligations of HCW hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by HCW of a due diligence review satisfactory to HCW in its reasonable judgment, and to the continuing satisfaction (or waiver by HCW in its sole discretion) of the following additional conditions:
Appears in 25 contracts
Samples: Sales Agreement (Flux Power Holdings, Inc.), Sales Agreement (Proteostasis Therapeutics, Inc.), Sales Agreement (Trevena Inc)
Conditions to HCW’s Obligations. The obligations of HCW hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company hereinherein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by HCW of a due diligence review satisfactory to HCW it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by HCW in its sole discretion) of the following additional conditions:
Appears in 2 contracts
Samples: At Market Issuance Sales Agreement (Pacific Ethanol, Inc.), At Market Issuance Sales Agreement (Pacific Ethanol, Inc.)
