Common use of Conditions to Investor’s Obligation to Purchase Clause in Contracts

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement and the Note and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 20 contracts

Samples: Note Purchase Agreement (Cemtrex Inc), Note Purchase Agreement (Inpixon), Note Purchase Agreement (Orbital Energy Group, Inc.)

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Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement Agreement, the Security Agreement, and the Note Note, and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B C evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 6 contracts

Samples: Note Purchase Agreement (NextPlay Technologies Inc.), Note Purchase Agreement (NextPlay Technologies Inc.), Note Purchase Agreement (Monaker Group, Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note Interest at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement and the Note Interest and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 5 contracts

Samples: Royalty Interest Purchase Agreement (Jaguar Health, Inc.), Royalty Interest Purchase Agreement (Jaguar Health, Inc.), Royalty Interest Purchase Agreement (Jaguar Health, Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement and the Note and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 4 contracts

Samples: Note Purchase Agreement (CXApp Inc.), Note Purchase Agreement (Quantum Computing Inc.), Note Purchase Agreement (Phunware, Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement Agreement, the Security Agreement, and the Note Note, and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B D evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 3 contracts

Samples: Note Purchase Agreement (Monaker Group, Inc.), Note Purchase Agreement (Monaker Group, Inc.), Note Purchase Agreement (AIM ImmunoTech Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on at or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement and the Note and delivered the same to Investor. . 6.2. Company shall have delivered to Investor the duly executed Note in accordance with Section 1.2 above. 6.3. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.36.4. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 2 contracts

Samples: Note Purchase Agreement (Vapor Hub International Inc.), Note Purchase Agreement (Vapor Hub International Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. 6.1 Company shall have executed this Agreement and the Note and delivered the same to Investor. 6.2. 6.2 Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.3. 6.3 Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 2 contracts

Samples: Note Purchase Agreement (Energy Focus, Inc/De), Note Purchase Agreement (Energy Focus, Inc/De)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement Agreement, the Note, and the Note Security Agreement and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit B C evidencing Company’s approval of the Transaction Documents. 6.3. Company shall a delivered to Investor a completed ACH withdrawal form substantially in the form attached hereto as Exhibit D. 6.4. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Note Purchase Agreement (Intrusion Inc)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement and the Note and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit B C evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Note Purchase Agreement (Farmmi, Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement and the Note and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B C evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Note Purchase Agreement (Cancer Genetics, Inc)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on at or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s 's sole benefit and may be waived by Investor at any time in its sole discretion:: ​ 6.1. Company shall have executed this Agreement and the Note and delivered the same to Investor.. ​ 6.2. Company shall have delivered to Investor a fully executed Secretary’s ' s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s 's approval of the Transaction Documents.. ​ 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.. ​

Appears in 1 contract

Samples: Note Purchase Agreement (Northwest Biotherapeutics Inc)

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Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company Borrower shall have executed this Agreement and the Note and delivered the same to Investor. Napo shall have executed the Security Agreement and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B C evidencing CompanyBorrower’s approval of the Transaction Documents. 6.3. Company Borrower shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company Borrower herein or therein.

Appears in 1 contract

Samples: Note Purchase Agreement (Jaguar Health, Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement Agreement, the Note, and the Note Security Agreement and delivered the same to Investor. 6.2. Company shall have a delivered to Investor a fully executed Secretary’s Certificate completed ACH withdrawal form substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents.C. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Note Purchase Agreement (Intrusion Inc)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note Securities at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement and the Note and delivered the same to Investor. 6.20.0. Company Xxxxxxx shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.30.0. Company Xxxxxxx shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kaixin Auto Holdings)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed this Agreement Agreement, the Note, the Escrow Agreement, and the Note Security Agreement and delivered the same to Investor. 6.2. Company shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit B D evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered or caused to be delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Note Purchase and Loan Restructuring Agreement (Aridis Pharmaceuticals, Inc.)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note Securities at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following applicable conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.1. Company shall have executed and delivered this Agreement and the Note and delivered the same to Investor. 6.2. Prior to the Closing, Company shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dunxin Financial Holdings LTD)

Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: 6.17.1. Company shall have executed this Agreement and the Note and delivered the same to Investor. 6.27.2. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. 6.37.3. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cemtrex Inc)

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