Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 43 contracts
Samples: Purchase Agreement (PLx Pharma Inc.), Purchase Agreement (PLx Pharma Inc.), Preferred Stock and Warrant Purchase Agreement (Visualant Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 38 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Visualant Inc), Securities Purchase Agreement (Sevcon, Inc.), Securities Purchase Agreement (Aethlon Medical Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants Debenture at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 38 contracts
Samples: Securities Purchase Agreement (Thinspace Technology, Inc.), Securities Purchase Agreement (Thinspace Technology, Inc.), Securities Purchase Agreement (Thinspace Technology, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 34 contracts
Samples: Securities Purchase Agreement (Century Therapeutics, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (Solid Biosciences Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 33 contracts
Samples: Stock Purchase Agreement (Verve Therapeutics, Inc.), Stock Purchase Agreement (Vaccinex, Inc.), Stock Purchase Agreement (Vaccinex, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Securities at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 21 contracts
Samples: Securities Purchase Agreement (Morphic Holding, Inc.), Purchase Agreement (Tarantella Inc), Purchase Agreement (Tarantella Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 18 contracts
Samples: Purchase Agreement (H/Cell Energy Corp), Purchase Agreement (H/Cell Energy Corp), Purchase Agreement (Lustros Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants at the Closing Note is subject to the fulfillment to the satisfaction of the Company on satisfaction, at or prior to the each Closing Date Date, of the following conditions, any of which may be waived by the Company:
Appears in 18 contracts
Samples: Note Purchase Agreement (Cosmos Group Holdings Inc.), Note Purchase Agreement (Sharing Economy International Inc.), Note Purchase Agreement (Sharing Economy International Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 17 contracts
Samples: Securities Purchase Agreement (Blackboxstocks Inc.), Common Stock Purchase Agreement (NeuroSigma, Inc.), Common Stock Purchase Agreement (NeuroSigma, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants Note at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 16 contracts
Samples: Securities Purchase Agreement (Guided Therapeutics Inc), Securities Purchase Agreement (Guided Therapeutics Inc), Securities Purchase Agreement (Rocky Mountain High Brands, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Closing Securities at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 15 contracts
Samples: Securities Purchase Agreement (X4 Pharmaceuticals, Inc), Securities Purchase Agreement (X4 Pharmaceuticals, Inc), Securities Purchase Agreement (X4 Pharmaceuticals, Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Securities at the Closing is subject to the fulfillment to the satisfaction of the Company Company’s reasonable satisfaction, on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 15 contracts
Samples: Stock and Warrant Purchase Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (EVINE Live Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Notes at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 14 contracts
Samples: Convertible Note Purchase Agreement (VerifyMe, Inc.), Secured Note Purchase Agreement (Allarity Therapeutics, Inc.), Note Purchase Agreement
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Note to each Investor at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the applicable Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 13 contracts
Samples: Note and Warrant Purchase Agreement (NeuroSigma, Inc.), Note and Warrant Purchase Agreement (NeuroSigma, Inc.), Note and Warrant Purchase Agreement (NeuroSigma, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 13 contracts
Samples: Purchase Agreement (SharpSpring, Inc.), Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (Genco Shipping & Trading LTD)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants Securities at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 12 contracts
Samples: Purchase Agreement (Alliance Pharmaceutical Corp), Purchase Agreement (Storm Cat Energy CORP), Purchase Agreement (World Heart Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Note at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 11 contracts
Samples: Note Purchase Agreement (Qt Imaging Holdings, Inc.), Note Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (SQL Technologies Corp.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Note at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 10 contracts
Samples: Note Purchase Agreement (Renavotio, Inc.), Securities Purchase Agreement (Success Entertainment Group International Inc.), Form of Securities Purchase Agreement (POSITIVEID Corp)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 10 contracts
Samples: Exchange Agreement, Exchange Agreement (Turtle Beach Corp), Purchase Agreement (Selectica Inc)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Notes at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 9 contracts
Samples: Subordination Agreement (Overland Storage Inc), Note Purchase Agreement (Arkanova Energy Corp), Purchase Agreement (Velocity Express Corp)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares Notes and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 9 contracts
Samples: Securities Purchase Agreement (Ceelox Inc.), Investment Unit Purchase Agreement (Auxilio Inc), Investment Unit Purchase Agreement (Auxilio Inc)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Placement Securities at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 9 contracts
Samples: Securities Purchase Agreement (Entrada Therapeutics, Inc.), Securities Purchase Agreement (Ocular Therapeutix, Inc), Securities Purchase Agreement (Prelude Therapeutics Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Notes at the Closing and at each Additional Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date or the applicable Additional Closing Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 8 contracts
Samples: Note and Warrant Purchase Agreement (Knightscope, Inc.), Note and Warrant Purchase Agreement (Knightscope, Inc.), Note Purchase Agreement (ConversionPoint Holdings, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares Notes and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 7 contracts
Samples: Purchase Agreement (Tube Media Corp.), Purchase Agreement (Precision Optics Corporation Inc), Purchase Agreement (C-Chip Technologies Corp)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Closing Securities at the Closing to each Investor is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Skye Bioscience, Inc.), Securities Purchase Agreement (vTv Therapeutics Inc.), Securities Purchase Agreement (Skye Bioscience, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell complete the purchase and issue sale of the Shares Securities to be purchased and the Warrants sold at the Closing and deliver such Securities to each Purchaser is subject to the fulfillment to the satisfaction of waiver by the Company on or prior to fulfillment as of the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 7 contracts
Samples: Securities Purchase Agreement (Minerva Neurosciences, Inc.), Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.), Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Notes and issue the Shares and the Warrants at the each Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the applicable Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 6 contracts
Samples: Note and Warrant Purchase Agreement (Opti-Harvest, Inc.), Note and Warrant Purchase Agreement (Opti-Harvest, Inc.), Note and Warrant Purchase Agreement (iRhythm Technologies, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants Notes at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 6 contracts
Samples: Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Purchased Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the CompanyCompany with the agreement of the Investor:
Appears in 6 contracts
Samples: Securities Purchase Agreement (Zanganeh Maky), Securities Purchase Agreement (Duggan Robert W), Securities Purchase Agreement (Summit Therapeutics Inc.)
Conditions to Obligations of the Company. The Company’s obligation of the Company to sell and issue the Shares and the Warrants to each Investor at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 6 contracts
Samples: Unit Purchase Agreement (Vanguard Airlines Inc \De\), Purchase Agreement (Vangard Acquisition Co), Stock Purchase Agreement (Silicon Valley Research Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Common Stock and issue the Shares and the Warrants at the applicable Closing with respect to each Investor, is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the applicable Closing Date Date, of all of the following conditions, any of which may be waived by the Company:
Appears in 6 contracts
Samples: Common Stock and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.), Purchase Agreement (RespireRx Pharmaceuticals Inc.), Common Stock and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Note at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 5 contracts
Samples: Note Purchase Agreement (Arkanova Energy Corp.), Note Purchase Agreement (Arkanova Energy Corp.), Conversion and Loan Modification Agreement (Arkanova Energy Corp.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Notes and issue the Shares and the Warrants at the Closing is subject to the fulfillment fulfillment, to the satisfaction of the Company Company’s satisfaction, on or prior to the Closing Date date of Closing, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 5 contracts
Samples: 2012 Note and Share Purchase Agreement (India Globalization Capital, Inc.), Note and Share Purchase Agreement (India Globalization Capital, Inc.), Note and Share Purchase Agreement (India Globalization Capital, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company Company’s reasonable satisfaction, on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (HyreCar Inc.), Common Stock Purchase Agreement (Mattersight Corp), Common Stock Purchase Agreement (Mattersight Corp)
Conditions to Obligations of the Company. The Unless waived in writing by the Company’s obligation , the obligations of the Company hereunder to sell and issue Shares to the Shares and the Warrants Purchasers at the Initial Closing is or any subsequent Closing are subject to the fulfillment to the satisfaction of the Company on at or prior to the each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 5 contracts
Samples: Indemnification Agreement (China Rapid Finance LTD), Indemnification Agreement (China Rapid Finance LTD), Series C Preferred Share Purchase Agreement (China Rapid Finance LTD)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue transfer the Shares and the Warrants at the Closing pursuant to this Agreement is subject to the fulfillment to the satisfaction of the Company on or waiver at or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Famous Daves of America Inc), Stock Purchase Agreement (Gulfport Energy Corp), Stock Purchase Agreement (Gulfport Energy Corp)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company satisfaction, on or prior to the Closing Date Date, of the following conditions, any of which may be waived by the Company:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Encision Inc), Stock Purchase Agreement (Ascent Solar Technologies, Inc.), Common Stock Purchase Agreement (Corvas International Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Securities at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Closing, of the following conditions, any of which may be waived by the Company:
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Fusion Connect, Inc.), Common Stock Purchase Agreement (Fusion Connect, Inc.), Common Stock Purchase Agreement (Fusion Telecommunications International Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Notes at the each Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the each Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 4 contracts
Samples: Note Purchase Agreement (10X Capital Venture Acquisition Corp. III), Security Agreement (Miramar Labs, Inc.), Security Agreement (Miramar Labs, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Notes at the each Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the applicable Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 4 contracts
Samples: Note Purchase Agreement (T Stamp Inc), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Note Purchase Agreement (Upland Software, Inc.)
Conditions to Obligations of the Company. The Company’s obligation obligations of the Company to sell and issue the Shares Securities being sold and the Warrants at issued by it to any Investor on the Closing Date is subject to the fulfillment to the satisfaction of the Company on or prior to before the Closing Date of the following conditions, any of which may be waived (in whole or in part) by the CompanyCompany in its sole discretion:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Vallon Pharmaceuticals, Inc.), Stock Purchase Agreement (Pangaea Logistics Solutions Ltd.), Stock Purchase Agreement (Pangaea Logistics Solutions Ltd.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Notes at the Closing to each respective Investor is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 4 contracts
Samples: Convertible Note Purchase Agreement (NuZee, Inc.), Convertible Note Purchase Agreement (NuZee, Inc.), Convertible Note Purchase Agreement (DoorDash Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 4 contracts
Samples: Purchase Agreement (OptimizeRx Corp), Purchase Agreement (Aehr Test Systems), Purchase Agreement (hopTo Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of each of the following conditions, any of which may be waived by the Company:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Gardenburger Inc), Stock Purchase Agreement (Gardenburger Inc), Issuance Agreement (Qt 5 Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Notes and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 4 contracts
Samples: Form of Note and Warrant Purchase Agreement (Visualant Inc), Note and Warrant Purchase Agreement (New Design Cabinets, Inc.), Note and Warrant Purchase Agreement (New Design Cabinets, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Securities at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Prism Technologies Group, Inc.), Note and Warrant Purchase Agreement (Globe Photos, Inc.), Note and Warrant Purchase Agreement (Oncobiologics, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment fulfillment, to the satisfaction of the Company Company's reasonable satisfaction, on or prior to the Closing Date date of such Closing, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 3 contracts
Samples: Subscription Agreement (Communication Intelligence Corp), Subscription Agreement (Communication Intelligence Corp), Subscription Agreement (Communication Intelligence Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Note and issue the Shares and the Warrants Warrant at the Closing with respect to the Investor, is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the applicable Closing Date Date, of all of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Demand Promissory Note and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.), Demand Promissory Note and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.), Demand Promissory Note and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Common Stock at the Closing is subject to the fulfillment to the satisfaction of the Company Company’s satisfaction, on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Inhale Therapeutic Systems Inc), Common Stock Purchase Agreement (Nektar Therapeutics), Common Stock Purchase Agreement (Inhale Therapeutic Systems Inc)
Conditions to Obligations of the Company. The Company’s obligation of the Company to sell and issue the Shares Notes and the Warrants at on the Closing is Date shall be subject to the fulfillment to the satisfaction or waiver of the Company following conditions precedent on or prior to the Closing Date of the following conditions, any of which may be waived by the CompanyDate:
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Aegis Communications Group Inc), Note and Warrant Purchase Agreement (Aegis Communications Group Inc), Note and Warrant Purchase Agreement (Aegis Communications Group Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants Securities at the Closing is subject to the fulfillment to the satisfaction of by the Company on or prior to the Closing Date of the following conditions, any of which may be waived in writing by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Note and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 3 contracts
Samples: Secured Promissory Note and Warrant Purchase Agreement (EV Transportation, Inc.), Secured Promissory Note and Warrant Purchase Agreement (Stratos Renewables CORP), Convertible Promissory Note and Warrant Purchase Agreement (Stratos Renewables CORP)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares Debenture and the Warrants Shares at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Purchase Agreement (AMBER Ready, Inc), Purchase Agreement (AMBER Ready, Inc), Purchase Agreement (AMBER Ready, Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Notes at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date date of the Closing, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 3 contracts
Samples: Note Purchase and Exchange Agreement (Ascent Solar Technologies, Inc.), Note Purchase Agreement (Ascent Solar Technologies, Inc.), Note Purchase Agreement (Ascent Solar Technologies, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell and issue the Shares and the Warrants Note at the Closing is subject to the fulfillment to the satisfaction of the Company satisfaction, on or prior to the Closing Date Closing, of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (Neon Communications Inc), Convertible Note Purchase Agreement (Neon Communications Inc), Convertible Note Purchase Agreement (Neon Communications Inc)
Conditions to Obligations of the Company. The Company’s obligation to effectuate the Exchange and to issue and sell and issue the Shares and to the Warrants Holder at the Closing Closing, is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the applicable Closing Date Date, of all of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Exchange Agreement (RespireRx Pharmaceuticals Inc.), Exchange Agreement (RespireRx Pharmaceuticals Inc.), Exchange Agreement (RespireRx Pharmaceuticals Inc.)
Conditions to Obligations of the Company. The Company’s obligation of the Company to sell and issue the Shares and Securities to the Warrants Investor at the Closing Time is subject to the fulfillment to the satisfaction of the Company on or prior to before the Closing Date Time of the following conditions, any of which may be waived (in whole or in part) by the CompanyCompany in its sole discretion:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.), Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.), Stock Purchase Agreement (Scott John K Jr.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company satisfaction, on or prior to the Closing Date such Closing, of the following conditions, conditions (any of which may be waived by the Company:):
Appears in 3 contracts
Samples: Series D Preferred Stock Purchase Agreement (I Storm Inc), Preferred Stock Purchase Agreement (I Storm Inc), Preferred Stock Purchase Agreement (I Storm Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell and issue the Shares and the Warrants Notes at the Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 3 contracts
Samples: Convertible Promissory Note Agreement (Amarantus BioSciences, Inc.), Convertible Promissory Note Agreement (Amarantus BioSciences, Inc.), Convertible Promissory Note Agreement (Jumpkicks, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Units at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (LOGIC DEVICES Inc), Purchase Agreement (Oculus Innovative Sciences, Inc.), Purchase Agreement (Oculus Innovative Sciences, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the any Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the applicable Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Purchase Agreement (Celsion CORP), Purchase Agreement (Celsion CORP), Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation ---------------------------------------- to sell and issue the Shares and the Warrants Securities at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Purchase Agreement (Amerigon Inc), Purchase Agreement (Amerigon Inc), Exchange Agreement (Amerigon Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Notes and issue the Shares and the Warrants at the Closing is subject to the fulfillment fulfillment, to the satisfaction of the Company Company’s reasonable satisfaction, on or prior to the Closing Date date of Closing, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Communication Intelligence Corp), Note and Warrant Purchase Agreement (Communication Intelligence Corp), Note and Warrant Purchase Agreement (Communication Intelligence Corp)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Securities at the Closing as to any Investor is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Lyra Therapeutics, Inc.), Securities Purchase Agreement (Celcuity Inc.), Securities Purchase Agreement (Lyra Therapeutics, Inc.)
Conditions to Obligations of the Company. The Company’s obligation of the Company to sell issue and issue deliver the Shares and the Warrants at on the Closing is Date shall be subject to the fulfillment performance by the Purchaser of its agreements theretofore to be performed hereunder and to the satisfaction of the Company on (or waiver), prior to the Closing Date thereto or concurrently therewith, of the following further conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Fuelcell Energy Inc), Securities Purchase Agreement (Fuelcell Energy Inc), Securities Purchase Agreement (Fuelcell Energy Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Units at the Closing is subject to the fulfillment to the satisfaction of the Company Company’s reasonable satisfaction, on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Unit Purchase Agreement (Vertex Energy Inc.), Unit Purchase Agreement (Vertex Energy Inc.), Securities Purchase Agreement (Flux Power Holdings, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Notes at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Agreement (Blue Water Petroleum Corp.), Note Purchase Agreement (Arkanova Energy Corp), Note Purchase Agreement (Arkanova Energy Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares Series C Preferred Stock and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (FUND.COM Inc.), Securities Purchase Agreement (National Holdings Corp), Securities Purchase Agreement (FUND.COM Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell and issue the Shares and the Warrants Notes at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of or the following conditions, conditions any of which may be waived in whole or in part by the Company:
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Jumpkicks, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares Debentures and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: 4 Purchase Agreement (World Heart Corp), Purchase Agreement (Iq Biometrix Inc), Purchase Agreement (Immersion Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the any Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the applicable Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Purchase Agreement (Celsion CORP), Securities Purchase Agreement (Celsion CORP), Securities Purchase Agreement (Celsion CORP)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Applicable Closing is subject to the fulfillment to satisfaction (or waiver by the satisfaction of Company, except for the Company condition in Section 5.2(c) which cannot be waived), on or prior to the Closing Date Applicable Closing, of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Share Subscription Agreement (Benitec Biopharma LTD/ADR), Share Subscription Agreement (California Capital Equity, LLC), Share Subscription Agreement (Benitec Biopharma LTD/ADR)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Subscription Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants Note at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Hale Martin M Jr), Securities Purchase Agreement (Top Image Systems LTD), Securities Purchase Agreement (Top Image Systems LTD)
Conditions to Obligations of the Company. The Company’s obligation of the Company to sell and issue the Shares and Securities to the Warrants Investor at the Closing is subject to to, among other things, the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Subscription Agreement (Bioheart, Inc.), Note Purchase Agreement (Bioheart, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vanity Events Holding, Inc.), Securities Purchase Agreement (Vanity Events Holding, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to satisfaction (or waiver by the satisfaction of the Company Company), on or prior to the Closing Date Date, of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Definitive Stock Purchase Agreement (Childrens Internet Inc), Definitive Stock Purchase Agreement (Children's Internet Holding Company, LLC)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and Securities at each of the Warrants at the Closing Closings is subject to the fulfillment to the satisfaction of the Company Company’s reasonable satisfaction, on or prior to the each Closing Date Date, of all of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (iMedia Brands, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares and the Warrants Units at the Closing is subject to the fulfillment fulfillment, to the satisfaction of the Company Company’s reasonable satisfaction, on or prior to the Closing Date date of such Closing, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 2 contracts
Samples: Subscription Agreement (Communication Intelligence Corp), Subscription Agreement (Communication Intelligence Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell and issue the Shares and Purchased Securities to each of the Warrants Purchasers at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Satcon Technology Corp), Securities Purchase Agreement (Beacon Power Corp)
Conditions to Obligations of the Company. The Company’s 's ---------------------------------------- obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Voting Agreement (Comps Com Inc), Voting Agreement (Comps Com Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the each Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Triangle Petroleum CORP), Securities Purchase Agreement (Triangle Petroleum CORP)
Conditions to Obligations of the Company. The In addition to any other applicable conditions set forth herein, the Company’s 's obligation to issue and sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company satisfaction, on or prior to the Closing Date Closing, of the following conditions, any each of which may be waived by in the sole discretion of the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Quanta Services Inc), Securities Purchase Agreement (Utilicorp United Inc)
Conditions to Obligations of the Company. The ---------------------------------------- Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Purchase Agreement (Vantagemed Corp), Purchase Agreement (Telular Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to (i) sell and issue the Preferred Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp.)
Conditions to Obligations of the Company. 4.1 The Company’s 's obligation to sell and issue the Shares and the Warrants Units at the Closing closing is subject to the fulfillment to the satisfaction of the Company Company’s satisfaction, on or prior to the Closing Date closing date, of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Subscription Agreement (Trans Lux Corp), Subscription Agreement (Paxton Energy Inc)
Conditions to Obligations of the Company. The Company’s obligation obligations of the Company to sell and issue the Shares and to consummate the Warrants at the Closing is transactions contemplated hereby are subject to the fulfillment to the satisfaction of the Company satisfaction, on or prior to the Closing Date Date, of each of the following conditions, any of which may be waived by the CompanyCompany in accordance with Sections 8.2 and 8.4:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lilly Eli & Co), Stock Purchase Agreement (United Therapeutics Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing to each Investor is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditionsconditions with respect to each Investor, any of which may be waived by the Company:Company (on an Investor by Investor basis) other than the conditions set forth in subsection (d):
Appears in 2 contracts
Samples: Purchase Agreement (Vitalstream Holdings Inc), Purchase Agreement (Vitalstream Holdings Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell and issue the Shares Note and the Warrants Warrant at the Closing is subject to the fulfillment fulfillment, to the satisfaction of the Company Company’s reasonable satisfaction, on or prior to the Closing Date date of Closing, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Communication Intelligence Corp), Note and Warrant Purchase Agreement (Communication Intelligence Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Purchase Agreement (Speed Commerce, Inc.), Purchase Agreement (Selectica Inc)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Common Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Long-E International, Inc.), Securities Purchase Agreement (Unipro Financial Services Inc)
Conditions to Obligations of the Company. The Company’s obligation obligations of the Company to issue and sell and issue the Shares and Securities to the Warrants Purchaser at the Closing is shall be subject to the fulfillment to (or waiver by the satisfaction of the Company on Company), at or prior to the Closing Date Closing, of each of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Subscription Agreement (Nanobac Pharmaceuticals Inc), Subscription Agreement (Nanobac Pharmaceuticals Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Notes and issue the Shares and the corresponding Warrants at the a Closing is subject to the fulfillment to the satisfaction of the Company fulfillment, on or prior to the applicable Closing Date Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement, And Warrant Purchase Agreement (PogoTec, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Securities at the First Closing to each of the Investors is subject to the fulfillment to the satisfaction of the Company on or prior to the First Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Bionomics Limited/Fi), Securities Purchase Agreement (Immunic, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to (i) sell and issue the Shares Preferred Stock and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Purchase Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants Preferred Shares at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.), Registration Rights Agreement (Madrigal Pharmaceuticals, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue the Shares and the Warrants at the Closing Securities to any Investor is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (General Atlantic, L.P.), Securities Purchase Agreement (Immunocore Holdings PLC)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue the Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company satisfaction, on or prior to the Closing Date Date, of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Purchase Agreement (Remark Media, Inc.), Purchase Agreement (Remark Media, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to sell and issue consummate the Shares Conversion and the Warrants Offer at the Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 2 contracts
Samples: Recapitalization Agreement (Abiomed Inc), Recapitalization Agreement (New Leaf Ventures II, L.P.)
