Conditions to the First Closing. (a) Conditions to Each Investor’s Obligations at the First Closing. Each Investor’s obligations to effect the First Closing, including, without limitation, its obligation to subscribe for Series B Preferred Stock at the First Closing, are conditioned upon the fulfillment (or waiver by such Investor in its sole and absolute discretion) of each of the following events as of the First Closing Date, and the Company shall use commercially reasonable efforts to cause each of such conditions to be satisfied:
Appears in 3 contracts
Samples: Securities Investment and Subscription Agreement (Ener1 Inc), Securities Investment and Subscription Agreement (Ener1 Inc), Securities Investment and Subscription Agreement (Ener1 Inc)
Conditions to the First Closing. (a) Conditions to Each Investor’s Obligations the Investors' Obligations. The obligation of each Investor to purchase the Initial Shares at the First Closing. Each Investor’s obligations Closing is subject to effect the First Closingsatisfaction, including, without limitation, its obligation on or prior to subscribe for Series B Preferred Stock at the First Closing, are conditioned upon the fulfillment (or waiver by such Investor in its sole and absolute discretion) of each of the following events as of the First Closing Date, and of the Company shall use commercially reasonable efforts following conditions, any of which may be waived by such Investor (as to cause each of such conditions to be satisfied:itself only):
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Intraop Medical Corp), Common Stock Purchase Agreement (Intraop Medical Corp)
Conditions to the First Closing. (a) Conditions to Each Investor’s Obligations the Investors' Obligations. The obligation of each Investor to purchase the Initial Shares and the Investor Warrants at the First Closing. Each Investor’s obligations Closing is subject to effect the First Closingsatisfaction, including, without limitation, its obligation on or prior to subscribe for Series B Preferred Stock at the First Closing, are conditioned upon the fulfillment (or waiver by such Investor in its sole and absolute discretion) of each of the following events as of the First Closing Date, and of the Company shall use commercially reasonable efforts following conditions, any of which may be waived by such Investor (as to cause each of such conditions to be satisfied:itself only):
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Intraop Medical Corp)