Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the 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. 6.2. Company’s Chief Executive Officer shall have executed the Officer’s Certificate and delivered the same to Investor. 6.3. Company shall have delivered to Investor a fully executed Secretary’s Certificate substantially in the form attached hereto as Exhibit D evidencing Company’s approval of the Transaction Documents. 6.4. Company shall have delivered to Investor a fully executed Share Issuance Resolution substantially in the form attached hereto as Exhibit E to be delivered to the Transfer Agent. 6.5. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.
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Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Securities Notes at the Closing Closings 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 this Agreement and the Note Security Agreement and delivered the same to Investor.
6.2. Company’s Chief Executive Officer Solely with respect to the First Closing, Company shall have executed the Officer’s Certificate and delivered the same Note #1 to Investor.
6.3. Solely with respect to the Second Closing, Company shall have executed and delivered Note #2 to Investor.
6.4. Company shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit D evidencing Company’s approval of the Transaction Documents.
6.4. Company shall have delivered to Investor a fully executed Share Issuance Resolution substantially in the form attached hereto as Exhibit E to be delivered to the Transfer Agent.
6.5. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.
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Samples: Note Purchase Agreement (Aridis Pharmaceuticals, Inc.)
Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Securities 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’s Chief Executive Officer Company shall have delivered to Investor the duly executed the Officer’s Certificate and delivered the same to InvestorNote in accordance with Section 1.2 above.
6.3. Company shall have delivered to Investor a fully executed Secretary’s Certificate evidencing Company’s approval of the Transaction Documents substantially in the form attached hereto as Exhibit D evidencing Company’s approval of the Transaction Documents.C.
6.4. Company shall have delivered to Investor a fully executed Share Issuance Resolution resolution to be delivered to the Transfer Agent substantially in the form attached hereto as Exhibit E to be delivered to the Transfer Agent.D.
6.5. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.
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Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Securities 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’s Chief Executive Officer shall have executed the Officer’s Certificate and delivered the same to Investor.
6.3. Company shall have delivered to Investor a fully executed SecretaryOfficer’s Certificate substantially in the form attached hereto as Exhibit D C evidencing Company’s approval of the Transaction Documents.
6.46.3. Company shall have a delivered to Investor a fully executed Share Issuance Resolution completed ACH withdrawal form substantially in the form attached hereto as Exhibit E to be D.
6.4. Company’s CEO shall have delivered to Investor a completed a Personal Guaranty of Performance substantially in the Transfer Agent.form attached hereto as Exhibit E.
6.5. Company shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Company herein or therein.
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