Conditions to Second Closing. The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy, on the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement except for changes that do not constitute a Material Adverse Effect, (ii) continued compliance with the covenants of the Company set forth in this Agreement, and (iii) the non-occurrence of any Event of Default (as defined in the Note and this Agreement) or an event that with the passage of time or the giving of notice could become an Event of Default.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Amarillo Biosciences Inc), Securities Purchase Agreement (Amarillo Biosciences Inc), Securities Purchase Agreement (Amarillo Biosciences Inc)
Conditions to Second Closing. The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy, accuracy on the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement except for changes that do not constitute a Material Adverse EffectAgreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, and (iii) the non-occurrence of any Event of Default (as defined in the Note Note) or other default by the Company of its obligations and undertakings contained in this Agreement, and (iv) or an event that with the passage delivery on the Second Closing Date of time or the giving of notice could become an Event of DefaultSecond Closing Notes.
Appears in 3 contracts
Samples: Subscription Agreement (Kaire Holdings Inc), Subscription Agreement (Kaire Holdings Inc), Subscription Agreement (Addison Davis Diagnostics)
Conditions to Second Closing. The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy, accuracy on the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement except for changes that do not constitute a Material Adverse EffectAgreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, and (iii) the non-occurrence of any Event of Default (as defined in the Note and this Agreement) or an event that with the passage of time or the giving of notice could become an Event of DefaultNote).
Appears in 3 contracts
Samples: Subscription Agreement (BioElectronics Corp), Subscription Agreement (BioElectronics Corp), Subscription Agreement (BioElectronics Corp)