Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares to the Buyers at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 10 contracts
Samples: Securities Purchase Agreement (Miscor Group, Ltd.), Securities Purchase Agreement (Tontine Capital Partners L P), Securities Purchase Agreement (Tontine Capital Partners L P)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyers each Purchaser at the Closing is subject to the satisfaction, at or before the Closing DateClosing, of each of the following conditions theretoconditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Purchaser with prior written notice thereof:
Appears in 6 contracts
Samples: Securities Purchase Agreement (DG FastChannel, Inc), Securities Purchase Agreement (Viewpoint Corp), Securities Purchase Agreement (DG FastChannel, Inc)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyers Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyers at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Patrick Industries Inc), Securities Purchase Agreement (Tower Tech Holdings Inc.), Securities Purchase Agreement (Tontine Capital Partners L P)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Initial Shares to the Buyers at the Closing is shall be subject to the satisfaction, at satisfaction (or before waiver in writing by the Company) on or prior to the Initial Closing Date, of each Date of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretionconditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (La Jolla Pharmaceutical Co), Stock Purchase Agreement (Abbott Laboratories)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyers a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions theretoconditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Main Street Restaurant Group, Inc.), Securities Purchase Agreement (Cic MSRG Lp)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares to the Buyers at the Initial Closing and the Second Closing, and to issue the Conversion Shares, is subject to the satisfaction, at or before the Initial Closing Date and the Second Closing Date, as applicable, of each of the following conditions theretothereto (except as otherwise noted therein), provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Broadwind Energy, Inc.), Securities Purchase Agreement (Tontine Capital Partners L P)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Issued Shares to the Buyers Purchaser at the Closing is subject to the satisfactionsatisfaction or waiver by the Company, at or before the Closing Onshore Payment Date, of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretionconditions:
Appears in 2 contracts
Samples: Investment Agreement (Alibaba Group Holding LTD), Investment Agreement (Alibaba Group Holding LTD)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyers each Initial Purchaser at the Closing is subject to the satisfaction, at or before the Closing DateClosing, of each of the following conditions theretoconditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Initial Purchaser with prior written notice thereof:
Appears in 1 contract
Conditions to the Company’s Obligation. The Company's obligation of the Company hereunder to issue and sell the Shares to the Buyers at the Closing is subject to the satisfaction, at on or before the Closing Date, of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretionconditions:
Appears in 1 contract
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares to the Buyers Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions theretothereto (except as otherwise noted therein), provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Broadwind Energy, Inc.)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Common Stock to the Buyers Purchaser at the Closing is subject to the satisfaction, at or before the Closing DateClosing, of each of the following conditions theretoconditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing the Purchaser with prior written notice thereof:
Appears in 1 contract
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares to the Buyers at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:,
Appears in 1 contract
Samples: Securities Purchase Agreement (Tower Tech Holdings Inc.)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Common Stock to the Buyers Purchaser at the Closing is subject to the satisfaction, at or before the Closing DateClosing, of each of the following conditions theretoconditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing the Purchaser with prior written notice thereof:
Appears in 1 contract
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares to the Buyers any Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 1 contract
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares Debentures and the Warrants to the Buyers a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Sinofresh Healthcare Inc)
Conditions to the Company’s Obligation. The Company's obligation of the Company hereunder to sell and issue and sell the Shares to the Buyers at the Closing is subject to the satisfactionfulfillment by the Purchaser to the satisfaction of the Company (unless waived in a writing signed by the Company), at or before the Closing DateClosing, of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretionconditions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Unified Western Grocers Inc)
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares to the Buyers a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 1 contract
Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Shares to the Buyers a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion:
Appears in 1 contract
