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) The representations and warranties of the Buyer shall be true and correct and the Buyer shall have performed, satisfied and complied in all material respects with the covenants and agreements required by this Agreement to be performed, satisfied or complied with by the Buyer at or prior to the Commencement Date; and (c) The Prospectus Supplement shall have been delivered to the Buyer and no stop order with respect to the registration statement covering the sale of shares to the Buyer shall be pending or threatened by the SEC.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Caladrius Biosciences, Inc.), Common Stock Purchase Agreement (NeoStem, Inc.), Common Stock Purchase Agreement (NeoStem, Inc.)
