Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 51 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Visualant Inc), Preferred Stock and Warrant Purchase Agreement (Visualant Inc), Securities Purchase Agreement (Precision Optics Corporation, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Debenture at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 38 contracts
Samples: Securities Purchase Agreement (Thinspace Technology, Inc.), Securities Purchase Agreement (Thinspace Technology, Inc.), Securities Purchase Agreement (Thinspace Technology, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 33 contracts
Samples: Securities Purchase Agreement (Eliem Therapeutics, Inc.), Stock Purchase Agreement (Vaccinex, Inc.), Stock Purchase Agreement (Vaccinex, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 28 contracts
Samples: Securities Purchase Agreement (Century Therapeutics, Inc.), Securities Purchase Agreement (SAB Biotherapeutics, Inc.), Securities Purchase Agreement (Vincerx Pharma, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Closing Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 22 contracts
Samples: Securities Purchase Agreement (Skye Bioscience, Inc.), Securities Purchase Agreement (vTv Therapeutics Inc.), Securities Purchase Agreement (Skye Bioscience, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Note at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 22 contracts
Samples: Note Purchase Agreement (Renavotio, Inc.), Securities Purchase Agreement (Success Entertainment Group International Inc.), Securities Purchase Agreement (Rocky Mountain High Brands, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 12 contracts
Samples: Purchase Agreement (OptimizeRx Corp), Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (Genco Shipping & Trading LTD)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe “Required Investors”):
Appears in 12 contracts
Samples: Purchase Agreement (Click2learn Inc/De/), Purchase Agreement (Conductus Inc), Purchase Agreement (Adept Technology Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 12 contracts
Samples: Purchase Agreement (Selectica Inc), Purchase Agreement (Novatel Wireless Inc), Purchase Agreement (Selectica Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Placement Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 11 contracts
Samples: Securities Purchase Agreement (Entrada Therapeutics, Inc.), Securities Purchase Agreement (Ocular Therapeutix, Inc), Securities Purchase Agreement (Prelude Therapeutics Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 9 contracts
Samples: Purchase Agreement (Vuance), Purchase Agreement (Narrowstep Inc), Purchase Agreement (Utix Group Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Notes and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 8 contracts
Samples: Investment Unit Purchase Agreement (Auxilio Inc), Investment Unit Purchase Agreement (Auxilio Inc), Purchase Agreement (Interlink Electronics Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 8 contracts
Samples: Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (Verona Pharma PLC), Securities Purchase Agreement (Precision Optics Corporation, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Purchased Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such the Investor (as to itself only):with the agreement of the Company:
Appears in 6 contracts
Samples: Securities Purchase Agreement (Duggan Robert W), Securities Purchase Agreement (Zanganeh Maky), Securities Purchase Agreement (Summit Therapeutics Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe "Required Investors"):
Appears in 5 contracts
Samples: Purchase Agreement (Alliance Pharmaceutical Corp), Purchase Agreement (Ion Networks Inc), Purchase Agreement (World Heart Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 5 contracts
Samples: Securities Purchase Agreement (Rezolute, Inc.), Securities Purchase Agreement (Molecular Templates, Inc.), Securities Purchase Agreement (Threshold Pharmaceuticals Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cryoport, Inc.), Securities Purchase Agreement (Cryoport, Inc.), Purchase Agreement (Oculus Innovative Sciences, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Immatics N.V.), Purchase Agreement (H/Cell Energy Corp), Purchase Agreement (H/Cell Energy Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Securities Purchase Agreement (Lyra Therapeutics, Inc.), Securities Purchase Agreement (Morphic Holding, Inc.), Securities Purchase Agreement (Celcuity Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Units at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 4 contracts
Samples: Securities Purchase Agreement (LOGIC DEVICES Inc), Purchase Agreement (Oculus Innovative Sciences, Inc.), Securities Purchase Agreement (New Leaf Brands, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Units at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Securities Purchase Agreement (Elutia Inc.), Securities Purchase Agreement (MEI Pharma, Inc.), Securities Purchase Agreement (Celsion CORP)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 4 contracts
Samples: Securities Purchase Agreement (MeiraGTx Holdings PLC), Stock Purchase Agreement (Verve Therapeutics, Inc.), Securities Purchase Agreement (Translate Bio, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Purchase Agreement (Celsion CORP), Purchase Agreement (Celsion CORP), Purchase Agreement (Celsion CORP)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants its Note at the Closing is subject to the fulfillment to such each Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 4 contracts
Samples: Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Notes and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Purchase Agreement (C-Chip Technologies Corp), Securities Purchase Agreement (Visijet Inc), Purchase Agreement (Narrowstep Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Requisite Holders’ reasonable satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):the Requisite Holders:
Appears in 4 contracts
Samples: Form of Purchase Agreement (Storm Cat Energy CORP), Purchase Agreement (Storm Cat Energy CORP), Purchase Agreement (Bakers Footwear Group Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to before the Closing DateClosing, of each of the following conditions, any of which may be waived by such Investor (as to itself only):unless otherwise waived.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Arcellx, Inc.), Common Stock Purchase Agreement (Arcellx, Inc.), Common Stock Purchase Agreement (Denali Therapeutics Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 3 contracts
Samples: Purchase Agreement (Central European Distribution Corp), Purchase Agreement (Harbin Electric, Inc), Purchase Agreement (Central European Distribution Corp)
Conditions to the Investor’s Obligations. The Investor’s obligation of each Investor to purchase the Notes and Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 3 contracts
Samples: Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the its Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 3 contracts
Samples: Registration Rights Agreement (Bay Bancorp, Inc.), Securities Purchase Agreement (Bay Bancorp, Inc.), Securities Purchase Agreement (Crumbs Bake Shop, Inc.)
Conditions to the Investor’s Obligations. The Each Investor’s obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 3 contracts
Samples: Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Notes at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 3 contracts
Samples: Purchase Agreement (Visual Networks Inc), Purchase Agreement (Velocity Express Corp), Note Purchase Agreement (Viryanet LTD)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Debenture and the Warrants Shares at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 3 contracts
Samples: Purchase Agreement (AMBER Ready, Inc), Purchase Agreement (AMBER Ready, Inc), Purchase Agreement (AMBER Ready, Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Debenture at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 3 contracts
Samples: Bridge Loan Agreement (Smart Move, Inc.), Purchase Agreement (Mac Filmworks Inc), Purchase Agreement (Mac Filmworks Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Preferred Stock and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Find SVP Inc), Purchase Agreement (Hemoxymed Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Shares, the Notes and the Initial Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Registration Rights Agreement (Zila Inc), Security Agreement (Zila Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the ---------------------------------------- Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe "Required Investors"):
Appears in 2 contracts
Samples: Purchase Agreement (Amerigon Inc), Purchase Agreement (Amerigon Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Preferred Stock at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vanity Events Holding, Inc.), Securities Purchase Agreement (Vanity Events Holding, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the respective Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Stock Purchase and Settlement Agreement (Altair Nanotechnologies Inc), Stock Purchase and Settlement Agreement (Al Yousuf LLC)
Conditions to the Investor’s Obligations. The Investor’s obligation of each Investor to purchase the Shares and the Warrants at the Closing is will be subject to the fulfillment to such Investor’s satisfaction, on at or prior to before the Closing Date, of each of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Registration Rights Agreement (OvaScience, Inc.), Registration Rights Agreement (Puma Biotechnology, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase effect the Shares and the Warrants Exchange at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Exchange Agreement, Exchange Agreement (Turtle Beach Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants its Debenture at the Closing is subject to the fulfillment to such each Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (H/Cell Energy Corp), Securities Purchase Agreement (H/Cell Energy Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the and pay for Shares and the Warrants at on the Closing Date is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any one or more of which may be waived in writing at any time by such Investor (as to itself only):Investor:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Granite City Food & Brewery LTD), Stock Purchase Agreement (Kodiak Oil & Gas Corp)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Response Genetics Inc), Purchase Agreement (Response Genetics Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and to consummate the Warrants at other Transactions on the Closing is Date shall be subject to the fulfillment to such (or waiver by the Investor’s satisfaction, on ) at or prior to the Closing Date, of each of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Purchase Agreement (China BCT Pharmacy Group, Inc.), Purchase Agreement (China BCT Pharmacy Group, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Preferred Shares at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.), Registration Rights Agreement (Madrigal Pharmaceuticals, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Debentures and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Iq Biometrix Inc), Purchase Agreement (Immersion Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by a particular Investor solely with respect to such Investor (as to itself only):Investor's obligations hereunder:
Appears in 2 contracts
Samples: Purchase Agreement (Antares Pharma Inc), Purchase Agreement (Antares Pharma Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Arotech Corp), Common Stock Purchase Agreement (Synutra International, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Subsequent Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Subsequent Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Subscription Agreement (Selectica Inc), Subscription Agreement (Selectica Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Units at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Arbios Systems Inc), Securities Purchase Agreement (Ardmore Holding CORP)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants such Investor’s Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, satisfaction on or prior to the Closing Date, date hereof of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Securities Purchase Agreement (Edgen Louisiana CORP), Securities Purchase Agreement (Sheridan Group Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investorthe Placement Agent’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Purchase Agreement (Incara Pharmaceuticals Corp), Purchase Agreement (Antares Pharma Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor of the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' reasonable satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Vitalstream Holdings Inc), Purchase Agreement (Vitalstream Holdings Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment fulfillment, to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Securities Purchase Agreement (ASTROTECH Corp), Securities Purchase Agreement (ASTROTECH Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Investment Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor the Investors in their sole discretion (as to itself onlythe extent legally permissible):
Appears in 2 contracts
Samples: Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Pointer Telocation LTD)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing Securities is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Securities Purchase Agreement (General Atlantic, L.P.), Securities Purchase Agreement (Immunocore Holdings PLC)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):the Investors:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and Securities to be issued to the Warrants Investor at the Closing is subject to the fulfillment fulfillment, to such the Investor’s reasonable satisfaction, on or prior to or at the Closing DateClosing, of each of the following conditions, any of which may may, to the extent permitted by applicable law, be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (RiceBran Technologies), Securities Purchase Agreement (RiceBran Technologies)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Preferred Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Aehr Test Systems), Purchase Agreement (RMG Networks Holding Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Unify Corp), Purchase Agreement (Georesources Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares Debentures and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Triangle Petroleum CORP), Securities Purchase Agreement (Triangle Petroleum CORP)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Consor Capital II LP), Bridge Note Purchase Agreement (Corgi International LTD)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 1 contract
Samples: Purchase Agreement (Id Systems Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Common Shares and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (Unipro Financial Services Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investors:
Appears in 1 contract
Samples: Purchase Agreement (Tarantella Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing DateClosing, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (Golden Phoenix Minerals Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself himself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Lead Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):the Lead Investors:
Appears in 1 contract
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe “Required Investors”):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Pre-Funded Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (RAPT Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Units at the applicable Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the applicable Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Notes and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the such Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Notes and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (Long-E International, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares Debentures and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Debentures and the Warrants (as to itself onlythe "Required Investors"):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares (as to itself only):the "Required Investors") which shall constitute a waiver on behalf of all Investors:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investors:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment fulfillment, to such Investor’s satisfactionthe satisfaction of each of the Investors, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):all of the Investors:
Appears in 1 contract
Samples: Securities Purchase Agreement (Biosphere Medical Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investors:
Appears in 1 contract
Samples: Securities Purchase Agreement (Pimi Agro Cleantech, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Required Investors:
Appears in 1 contract
Samples: Purchase Agreement (Artisoft Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Notes at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):): ACTIVE 43844688v4
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor of the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s 's reasonable satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfactionthe satisfaction of the Required Investors, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Required Investors:
Appears in 1 contract
Samples: Purchase Agreement (Glu Mobile Inc)
Conditions to the Investor’s Obligations. The obligation of each an Investor to purchase the Shares and the Warrants Units at the a Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the applicable Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):an Investor:
Appears in 1 contract
Samples: Securities Purchase Agreement (First Blush Brands, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the number of Shares and the Warrants that it agrees to purchase at the a Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the applicable Closing Date, of the following conditions, any of which may be waived by such Investor in its sole discretion (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (SMG Industries Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Debenture and the Warrants Warrant at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares, the Preferred Shares (if applicable) and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the its Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares (as to itself onlythe "Required Investors"):
Appears in 1 contract
Samples: Purchase Agreement (Goamerica Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor Investor’s obligations to purchase the Shares and the Warrants at the Closing is are subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, satisfaction of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 1 contract
Samples: Share Purchase Agreement (Trevi Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such the Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the applicable Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Purchase Agreement (Utix Group Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Common Stock at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Samples: Employee and Consultant Share Purchase Agreement (Dthera Sciences)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase consummate the Shares and Financing and/or the Warrants Exchange, as applicable, at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase and Exchange Agreement (Avantair, Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 1 contract
Samples: Securities Purchase Agreement (Bio Key International Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Placement Agent's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Bioenvision Inc)
