Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:
Appears in 7 contracts
Samples: Series D Preferred Stock Purchase Agreement (Northwest Bancorporation Inc), Series C Preferred Stock and Common Stock Purchase Agreement (Northwest Bancorporation Inc), Series C Preferred Stock and Common Stock Purchase Agreement (Northwest Bancorporation Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any unless the Investor who does not consent consents to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the InvestorsCorporation:
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Penthouse International Inc), Common Stock Purchase Agreement (Penthouse International Inc), Series B Preferred Stock Purchase Agreement (American Pulp Exchange Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel solicitors or to special counsel the solicitors to the Investors:
Appears in 4 contracts
Samples: Series B Preference Shares Purchase Agreement (Home Inns & Hotels Management Inc.), Series C Preference Shares Purchase Agreement (Home Inns & Hotels Management Inc.), Series C Preference Shares Purchase Agreement (Home Inns & Hotels Management Inc.)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Initial Closing and any Additional Closing (each, a “Closing”), of each of the following conditions, the waiver of which shall not be effective against any Investor who does not give written consent thereto, except that Sections 5.1 and 5.5 need not be fulfilled for subsequent sales of the Notes pursuant to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the InvestorsSection 2.2 hereof:
Appears in 4 contracts
Samples: Note Purchase Agreement (Virtuix Holdings Inc.), Note Purchase Agreement (Virtuix Holdings Inc.), Convertible Promissory Note Purchase Agreement (Virtuix Holdings Inc.)
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the InvestorsInvestor:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Southwall Technologies Inc /De/), Stock Purchase Agreement (GMX Associates Pte LTD), Stock Purchase Agreement (GMX Associates Pte LTD)
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor to the Company under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any the Investor who if the Investor does not consent to such waiver, which consent may be given by written, oral or telephone written communication to the Company, Company or its counsel or to special counsel to the Investorscounsel:
Appears in 3 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Net Value Holdings Inc), Series a Convertible Preferred Stock Purchase Agreement (Net Value Holdings Inc), Series a Convertible Preferred Stock Purchase Agreement (Net Value Holdings Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section Sections 1 and 2 of this Agreement with respect to the Closing are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, Company or its counsel or to special counsel to the Investorscounsel:
Appears in 2 contracts
Samples: Series B Preferred Stock and Common Stock Warrants Purchase Agreement (Loyaltypoint Inc), Series B Preferred Stock and Common Stock Warrants Purchase Agreement (Loyaltypoint Inc)
Conditions to Investors’ Obligations at Closing. The obligations of ----------------------------------------------- each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Alladvantage Com Inc), Series F Preferred Stock Purchase Agreement (Extricity Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor under Section 1 and Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditionsconditions precedent or concurrent, the waiver of which shall not be effective against any Investor who does not consent to such waiverInvestor, which consent may be unless given by written, oral or telephone written communication to the Company, its counsel or to special counsel to the Investors:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Globecomm Systems Inc), Stock Purchase Agreement (Globecomm Systems Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section Sections 1.2 and 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, Closing of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiverthereto, which consent may be given by written, oral or telephone telephonic communication to the Company, its counsel or to special counsel to the Investors:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Iomed Inc), Preferred Stock Purchase Agreement (Iomed Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investorscommunication:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Tauriga Sciences, Inc.), Common Stock Purchase Agreement (Tauriga Sciences, Inc.)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor the Investors under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:
Appears in 1 contract
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor under Section 2 1.2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any the Investor who if it does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the InvestorsInvestor:
Appears in 1 contract
Samples: Securities Purchase Agreement (PRB GasTransportation, Inc.)
Conditions to Investors’ Obligations at Closing. The obligations of each ----------------------------------------------- the Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who if Investor does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the InvestorsInvestor:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Asymetrix Learning Systems Inc)
Conditions to Investors’ Obligations at Closing. The obligations of ----------------------------------------------- each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone telephonic communication to the Company, Company or its counsel or to special counsel to the Investors:counsel: 13 <PAGE> 5.1
Appears in 1 contract
Samples: Securities Purchase Agreement
Conditions to Investors’ Obligations at Closing. The obligations of each Investor the Investors under Section SECTION 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:
Appears in 1 contract
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the CompanyCorporation, its counsel or to special counsel to the Investors:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Able Telcom Holding Corp)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 1.2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent in writing to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Rhythms Net Connections Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor to the LLC and the Company under Section SECTION 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any the Investor who does not without Investor's consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, LLC or its counsel or to special counsel to the Investorscounsel:
Appears in 1 contract
Samples: Purchase Agreement (Railtex Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:
Appears in 1 contract
Samples: Stock Purchase Agreement (Instant Video Technologies Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor to the Company under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the each Closing, of each of the following conditions, the waiver of which shall not be effective against any the Investor who if the Investor does not consent to such waiver, which consent may be given by written, oral or telephone written communication to the CompanyCompany or its counsel, its counsel or to special counsel provided that, the conditions set forth in Section 5.21 shall only apply to the InvestorsSecond Closing and the conditions set forth in Section 5.22 shall only apply to the Third Closing:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Net Value Holdings Inc)
Conditions to Investors’ Obligations at Closing. The obligations of each the Investor to the Company under Section SECTION 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any the Investor who does not without Investor's consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, Company or its counsel or to special counsel to the Investorscounsel:
Appears in 1 contract
Samples: Purchase Agreement (Railtex Inc)
Conditions to Investors’ Obligations at Closing. The obligations of ----------------------------------------------- each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone telephonic communication to the Company, Company or its counsel or to special counsel to the Investorscounsel:
Appears in 1 contract
Conditions to Investors’ Obligations at Closing. The obligations of ----------------------------------------------- each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Giga Information Group Inc)
