Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 63 contracts
Samples: Series a 1 Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.), Series a 1 Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.), Series a 1 Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 36 contracts
Samples: Series a Preferred Stock Purchase Agreement (Gene Logic Inc), Series B Preferred Stock Purchase Agreement (Air South Airlines Inc), Series D Preferred Stock Purchase Agreement (Macrovision Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 26 contracts
Samples: Series B Preferred Stock Purchase Agreement (Spirent PLC), Securities Purchase Agreement (Cambridge Holdings LTD), Series B Preferred Stock Purchase Agreement (Netlibrary Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfactionfulfillment, on or prior to such Closingthe Closing 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 obligation to issue and sell the Shares Securities at each the Closing is subject to the fulfillment to the Company’s reasonable satisfaction, on or prior to such Closing, the Closing of the following conditions, any of which may be waived by the Company:
Appears in 15 contracts
Samples: Common 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 's obligation to issue and sell the Shares at each the Closing is subject to the fulfillment to the Company's satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 10 contracts
Samples: Securities Purchase Agreement (Smart Energy Solutions, Inc.), Stock Purchase Agreement (First Deltavision Inc), Stock Purchase Agreement (Usa Telcom Internationale)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 9 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Coinstar Inc), Series E Preferred Stock and Warrant Purchase Agreement (Coinstar Inc), Series D Preferred Stock Purchase Agreement (Women Com Networks Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 9 contracts
Samples: Stock Purchase Agreement (Tunex International Inc /Ut/), Common Stock Purchase Agreement (Bolder Technologies Corp), Series D Preferred Stock Purchase Agreement (Netlibrary Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the fulfillment to the Company’s reasonable satisfaction, on or prior to such Closing, the Closing of the following conditions, any of which may be waived by the Company:
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Arena Group Holdings, Inc.), Common Stock Purchase Agreement (HyreCar Inc.), Common Stock Purchase Agreement (Mattersight Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 5 contracts
Samples: Stock Purchase Agreement (MMEX Resources Corp), Stock Purchase Agreement (MMEX Resources Corp), Series a Preferred Stock Purchase Agreement (Careguide Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such Closing, the Closing of the following conditions:
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Omnisky Corp), Common Stock Purchase Agreement (Palm Inc), Common Stock Purchase Agreement (Palm Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
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 Unless waived in writing by the Company’s obligation , the obligations of the Company hereunder to issue and sell Shares to the Shares Purchasers at each the Initial Closing is or any subsequent Closing are subject to the satisfaction, on satisfaction at or prior to such Closing, each Closing of the following conditions:
Appears in 5 contracts
Samples: Series C Preferred Share Purchase Agreement (China Rapid Finance LTD), Series C Preferred Share Purchase 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 issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 5 contracts
Samples: Respiratory Diseases Research Collaboration and License Agreement (Five Prime Therapeutics Inc), Research Collaboration and License Agreement (Five Prime Therapeutics Inc), Research Collaboration and License Agreement (Five Prime Therapeutics Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares Securities at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 5 contracts
Samples: Series C Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series D Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), 12% Secured Promissory Note and Warrant Purchase Agreement (E Digital Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares Stock at each the Closing (or the Option Stock at any subsequent closing) is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Women Com Networks Inc), Stock Purchase Agreement (Women Com Networks Inc), Stock Purchase Agreement (Women Com Networks Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue and sell the Shares at each the Closing is subject to the satisfaction, fulfillment on or prior to such Closing, the Closing Date of each of the following conditions:
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 Shares at each the Closing is subject to the fulfillment to the Company’s satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 4 contracts
Samples: Stock Purchase Agreement (TORtec Group Corp), Stock Purchase Agreement (Geo Point Resources, Inc.), Stock Purchase Agreement (Birdbill, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closingthe relevant Closing Date, of the following conditions:
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Softbank Holdings Inc Et Al), Preferred Stock Purchase Agreement (Optimark Holdings Inc), Series E Preferred Stock Purchase Agreement (Optimark Holdings Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to 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), Series D Preferred Stock Purchase Agreement (I Storm Inc), Series D Preferred Stock Purchase Agreement (I Storm Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Initial Closing and at any Additional Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 3 contracts
Samples: Collaboration Agreement (Forest Laboratories Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 3 contracts
Samples: Stock Purchase Agreement (QMS Inc), Stock Purchase Agreement (Minolta Investments Co), Purchase Agreement (Gp Strategies Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the fulfillment, to the Company's satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Sugen Inc), Stock Purchase Agreement (Sugen Inc), Purchase Agreement (Sugen Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at the Closing to each Purchaser purchasing Shares at the Closing (a "Participating Purchaser") is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 3 contracts
Samples: Series D 3 Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Series D 2 Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Series D 1 Convertible Preferred Stock Purchase Agreement (Inphonic Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on at or prior to such the Closing, of the following conditions, unless otherwise waived by the Company:
Appears in 3 contracts
Samples: Exclusive License Agreement (Day One Biopharmaceuticals, Inc.), Exclusive License Agreement (Sutro Biopharma, Inc.), Common Stock Purchase Agreement (Seelos Therapeutics, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such Closing, satisfaction of the following conditions:
Appears in 3 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc), Series a Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc), Series B Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc)
Conditions to Obligations of the Company. The Company’s obligation of the Company to issue issue, sell and sell deliver the Series A Shares at the applicable Closing to each Closing Investor is subject to the satisfaction, on fulfillment to the reasonable satisfaction of the Company at or prior to such Closing, the applicable Closing Date of each of the following conditionsconditions with respect to such Investor:
Appears in 3 contracts
Samples: Subscription Agreement, Founders Subscription Agreement (NewStar Financial, Inc.), Subscription Agreement (NewStar Financial, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the fulfillment, to the Company's reasonable satisfaction, on or prior to the 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 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to each such Closing, of the following conditions:
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Usa Net Inc), Series D Preferred Stock Purchase Agreement (Usa Net Inc)
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 the Shares at each the Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions, each of which may be waived in the sole discretion of the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Utilicorp United Inc), Securities Purchase Agreement (Quanta Services Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing Date is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Larson Chris), Series C Convertible Preferred Stock Purchase Agreement (Sento Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares and the Notes at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Mercata Inc), Series C Preferred Stock Purchase Agreement (Mercata Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares and the Warrants at each Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Improvenet Inc), Series B Preferred Stock and Warrant Purchase Agreement (Improvenet Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares Stock at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Women Com Networks Inc), Stock Purchase Agreement (Women Com Networks Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares and the obligations of each Shareholder to sell the Exchange Series D Shares held by it, at each the Closing is subject to the satisfactionsatisfaction or waiver, on or prior to such the Closing, of the following conditions:
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Landa Management Systems Corp), Series D Preferred Stock Purchase Agreement (Landacorp Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares Purchased Stock at each the Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Doral Financial Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue and sell the Shares shares at each Closing is subject to the satisfaction, fulfillment on or prior to such Closing, closing of the following conditions, any or all of which may be waived at the option of the Company:
Appears in 2 contracts
Samples: Joint Venture Agreement (Fibercore Inc), Share Purchase Agreement (Fibercore Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dendreon Corp), Stock Purchase Agreement (Dendreon Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfactionsatisfaction or waiver, on at or prior to such the Closing, of the following conditions:
Appears in 2 contracts
Samples: License Agreement (Ironwood Pharmaceuticals Inc), License Agreement (Ironwood Pharmaceuticals Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares Subject Securities at each Closing is subject to the satisfaction, on at or prior to such Closing, of the following conditionsconditions set forth below:
Appears in 2 contracts
Samples: Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions, unless otherwise waived:
Appears in 2 contracts
Samples: Investment Agreement (America Online Inc), Investment Agreement (Tivo Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on at or prior to such Closingthe Closing Date, of the following conditions:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Ascent Solar Technologies, Inc.), Stock Purchase Agreement (Ascent Solar Technologies, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell transfer the Shares at each the Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 2 contracts
Samples: License Agreement (Genomatica Inc), License Agreement (Genomatica Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on at or prior to such the Closing, of the following conditions:
(a) Representations and Warranties True;
Appears in 2 contracts
Samples: Stock Purchase Agreement (Osi Pharmaceuticals Inc), Stock Purchase Agreement (Osi Pharmaceuticals Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at the First Closing and each Additional Closing is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Peoplepc Inc), Preferred Stock Purchase Agreement (Softbank Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Auriga Laboratories, Inc.), Series B Preferred Stock Purchase Agreement (Utek Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 2 contracts
Samples: 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 's obligation to issue and sell the Shares Securities at each the Closing is subject to the fulfillment to the Company's satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 2 contracts
Samples: u.s. Note and Warrant Purchase Agreement (Sunrise Technologies International Inc), Offshore Common Stock Purchase Agreement (Sunrise Technologies International Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, fulfillment on or prior to such Closing, the Closing Date of each of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on at or prior to such the Closing, of the following conditions, unless otherwise waived by the Company:
Appears in 1 contract
Samples: Acquisition and Strategic Collaboration Agreement (Salarius Pharmaceuticals, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Purchased Shares at each the Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Philipp Brothers Chemicals Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Veraz Networks, Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares and Warrants at each Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:: 14 a)
Appears in 1 contract
Samples: Securities Purchase Agreement (Vobis Microcomputer Ag)
Conditions to Obligations of the Company. The Company’s obligation of the Company to issue and sell consummate the Shares at each Closing Share Issuance is also subject to the satisfaction, on satisfaction or waiver by the Company at or prior to such Closing, the Closing of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Navistar International Corp)
Conditions to Obligations of the Company. The Company’s 's obligation ---------------------------------------- to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (FMC Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to ---------------------------------------- issue and sell the Shares at each the Purchase Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such Closing, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares shares of Series A Preferred Stock at each the Closing is subject to the fulfillment to the Company's satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares and Warrants at Closing to each Purchaser purchasing Shares at such Closing (a "Participating Purchaser") is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Series D 4 Convertible Preferred Stock and Warrant Purchase Agreement (Inphonic Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, fulfillment on or prior to such Closing, the relevant Closing Date of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Softbank Holdings Inc Et Al)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Common Shares at each the Closing is subject to the fulfillment to the Company's satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Common Share Purchase Agreement (Global Markets Access LTD)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditionsconditions by each Purchaser participating in such respective Closing:
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Oryx Technology Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares to Purchaser at each the Closing is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. (a) Each Closing. The Company’s 's obligation to issue and sell the ------------ Firm Shares or Option Shares, as applicable, at each Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Cais Internet Inc)
Conditions to Obligations of the Company. The Company’s obligation obligations of the Company to issue and sell the New Shares to the Investor at each the Closing is are subject to the satisfactionfulfillment, on or prior to before such Closing, of each of the following conditions:, unless otherwise waived: (a)
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Willis Lease Finance Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:conditions (any of which may be waived by the Company):
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (I Storm Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to each such Closing, of the following conditions:
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Usa Net Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the to each Purchaser its respective Shares at each the Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Nocopi Technologies Inc/Md/)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
Conditions to Obligations of the Company. at Each Closing. The Company’s obligation to issue and sell the Shares at each Closing is subject to the satisfaction, on or prior to such the applicable Closing, of the following conditions:conditions (with the exception that the Company may not claim its own failure to execute an agreement called for below as an impairment to its undertaking the applicable Closing):
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Nocimed, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares to Subscriber at each the Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The With respect to the Closing, the Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s obligation 's obligations to offer, sell and issue and sell the Shares at each Closing is Securities are subject to the satisfaction, on at or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (United States Lime & Minerals Inc)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares Securities at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Series E Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares shares at each the Closing is subject to the satisfactionsatisfaction or waiver, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Redwood Trust Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfactionsatisfaction or waiver, on at or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Onyx Software Corp/Wa)
Conditions to Obligations of the Company. The Company’s obligation to issue issue, sell and sell deliver the Shares at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Veraz Networks, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Purchased Shares at each the Closing is subject to the satisfactionsatisfaction (or waiver by the Company), on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares to be purchased at each the Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Connetics Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to sell and issue and sell the Shares to be delivered at each the Closing is are subject to the satisfaction, on or prior to such Closing, satisfaction of the following conditionsconditions on or before the Closing Date:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on or prior to such the Closing, . of the following conditions:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Concentric Network Corp)
Conditions to Obligations of the Company. The Company’s obligation of the Company under Section 1.3 hereof to issue and sell the Shares at each Closing is subject to the satisfactionfulfillment, on or prior to such Closingthe waiver by the Company, of each of the following conditionsconditions on or before such Closing:
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Insweb Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing the Closing, is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each Closing is subject to the fulfillment to the Company’s reasonable satisfaction, on or prior to such Closing, the Closing of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Location Based Technologies, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each Closing and issue the Compensation Stock at the first Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Series a Convertible Participating Preferred Stock Purchase Agreement (Friendable, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares Securities to the applicable Purchasers at each Closing is subject to the satisfaction, on or prior to such the applicable Closing, of the following conditions:
Appears in 1 contract
Samples: Investors’ Rights Agreement
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares and the Debentures at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Napro Biotherapeutics Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, fulfillment on or prior to such Closing, the Closing Date of each of the following conditions:
(a) Representations and Warranties Correct;
Appears in 1 contract
Samples: Stock Purchase Agreement (Softbank Holdings Inc Et Al)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell exchange the Preferred Shares at each the Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Series a Preferred Stock Contribution Agreement (Peerless Systems Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares and issue the Warrant at each Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Omni Bio Pharmaceutical, Inc.)
Conditions to Obligations of the Company. The Company’s obligation to issue issue, sell and sell deliver the Shares and Warrants at each Closing is subject to the satisfaction, fulfillment to its satisfaction on or prior to such Closing, each Closing of each of the following conditions:, unless waived by the Company.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Techniscan)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on at or prior to such the Closing, of the following conditions:, unless otherwise waived by the Company: (a)
Appears in 1 contract
Samples: Common Stock Issuance Agreement (Summit Therapeutics Inc.)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Purchase Shares at each the Closing is subject to the satisfaction, on or prior to such Closingthe Closing Date, of the following conditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Cumetrix Data Systems Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares and Warrants at each Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (On Stage Entertainment Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares shares of Common Stock at each the Closing is subject to the fulfillment to the Company's satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares Securities at each the Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Transfer, Assignment and Assumption Agreement (Myriant Corp)
Conditions to Obligations of the Company. The Company’s obligation to issue and sell the Shares at the Conversion Closing to each Closing Noteholder is subject to the satisfaction, on or prior to such the Conversion Closing, of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The With respect to each Closing, the Company’s 's obligation to issue and sell the Shares at each such Closing is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Great Expectations & Associates Inc)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each the Closing is subject to the satisfaction, on at or prior to such Closing, the Closing of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each a Closing is subject to the satisfaction, on or prior to such the Closing, of the following conditions:
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Cerus Corp)
Conditions to Obligations of the Company. The Company’s 's obligation to issue and sell the Shares at each Closing to each Purchaser purchasing Shares at such Closing (a "Participating Purchaser") is subject to the satisfaction, on or prior to such Closing, of the following conditions:
Appears in 1 contract
Samples: Series D Convertible Preferred Stock Purchase Agreement (Inphonic Inc)
