CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT. (a) The Buyer shall have executed each of the Transaction Documents and delivered the same to the Company; (b) A registration statement covering the sale of all of the Commitment Shares and Purchase Shares shall have been declared effective under the 1933 Act by the SEC and no stop order with respect to the registration statement shall be pending or threatened by the SEC.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (uBid.com Holdings, Inc.), Common Stock Purchase Agreement (O2diesel Corp)
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT.
(a) The Buyer shall have executed each of the Transaction Documents to which the Buyer is a party and delivered the same to the Company;; and
(b) A registration statement covering the sale of all of the Commitment Shares and Purchase Shares Securities by the Buyer shall have been declared effective under the 1933 Act by the SEC and no stop order with respect to the registration statement shall be pending or threatened by the SEC.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Net Element, Inc.), Common Stock Purchase Agreement (Net Element, Inc.)
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT.
(a) The Buyer shall have executed each of the Transaction Documents and delivered the same to the Company;
(b) A registration statement covering the sale of all of the Commitment Initial Shares and Purchase Shares shall have been declared effective under the 1933 Act by the SEC and no stop order with respect to the registration statement shall be pending or threatened by the SEC.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Dor Biopharma Inc), Common Stock Purchase Agreement (Dor Biopharma Inc)
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT.
(a) The Buyer shall have executed each of the Transaction Documents and delivered the same to the Company;; and
(b) A registration statement covering the sale of all of the Commitment Shares and Purchase Shares Securities shall have been declared effective under the 1933 Act by the SEC and no stop order with respect to the registration statement shall be pending or threatened by the SEC.
Appears in 1 contract
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT.
(a) The Buyer shall have executed each of the Transaction Documents and delivered the same to the Company;
(b) A registration statement covering the sale of all of the Commitment Shares and Purchase Shares shall have been declared effective under the 1933 Act by the SEC and no No stop order with respect to the registration statement Company’s Shelf Registration Statements shall be pending or threatened by the SEC.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Beacon Power Corp)
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT.
(a) The Buyer shall have executed each of the Transaction Documents and delivered the same to the Company;
(b) A registration statement covering the sale of all of the Commitment Shares, Signing Shares and Purchase Shares shall have been declared effective under the 1933 Act by the SEC and no stop order with respect to the registration statement shall be pending or threatened by the SEC.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Geovax Labs, Inc.)
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT.
(a) The Buyer shall have executed each of the Transaction Documents and delivered the same to the Company;
(b) A registration statement covering the sale of all of the Commitment Shares, the Signing Shares and Purchase Shares shall have been declared effective under the 1933 Act by the SEC and no stop order with respect to the registration statement shall be pending or threatened by the SEC.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Spectrascience Inc)
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENT.
(a) The Buyer shall have executed each of the Transaction Documents and delivered the same to the Company;
(b) A registration statement covering the sale of all The representations and warranties of the Commitment Shares Buyer shall be true and Purchase Shares shall have been declared effective under the 1933 Act by the SEC and no correct; and
(c) No stop order with respect to the registration statement Company’s Shelf Registration Statement shall be pending or threatened by the SEC.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Dynavax Technologies Corp)
CONDITIONS TO THE COMPANY. S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK UNDER THIS AGREEMENTSTOCK.
(a) The Buyer Investor shall have executed each of the Transaction Documents and delivered the same to the Company;
(b) A registration statement covering the sale of all of the Commitment Shares and Purchase Shares shall have been declared effective under the 1933 Act by the SEC and no No stop order with respect to the registration statement Registration Statement shall be pending or threatened by the SEC; and
(c) The representations and warranties of the Investor shall be true and correct in all material respects as of the date hereof and as of the Commencement Date as though made at that time.
Appears in 1 contract
Samples: Purchase Agreement (Clene Inc.)
