Common use of Conditions to the Investor’s Obligations Clause in Contracts

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 7 contracts

Samples: Subscription Agreement (Kosan Biosciences Inc), Placement Agent Agreement (Vical Inc), Subscription Agreement (Nitromed Inc)

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Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares Investor Securities will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company with respect to the Investor Securities and/or the Investor to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares remaining Securities that they have agreed to purchase from the Company.

Appears in 6 contracts

Samples: Subscription Agreement (Wave Systems Corp), Subscription Agreement (Wave Systems Corp), Subscription Agreement (Wave Systems Corp)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares Investor Securities will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company with respect to the Investor Securities and/or the Investor to be fulfilled on or prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares remaining Securities that they have agreed to purchase from the Company.

Appears in 6 contracts

Samples: Subscription Agreement (Wave Systems Corp), Subscription Agreement (Wave Systems Corp), Subscription Agreement (Wave Systems Corp)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares and Warrants will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares and Warrants that they have agreed to purchase from the Company.

Appears in 4 contracts

Samples: Subscription Agreement (CytoDyn Inc.), Subscription Agreement (CytoDyn Inc.), Subscription Agreement (CytoDyn Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy in all material respects on the Closing Date of the representations and warranties made by the Company in Section 4.1 below and the fulfillment of those undertakings of the Company with respect to the Shares and/or the Investor to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement Date (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the remaining Total Shares that they have agreed to purchase from the Company.

Appears in 3 contracts

Samples: Subscription Agreement (Wave Systems Corp), Subscription Agreement (Wave Systems Corp), Subscription Agreement (Wave Systems Corp)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, including without limitation, those contained in the Placement Agent Agreement, and to the condition that the Placement Agent has determined that the conditions to the closing in the Placement Agent Agreement (collectively, the “Company Closing Conditions”)and Prospectus have been satisfied. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors Other Investor of the Shares that they have such Other Investor has agreed to purchase from the Company, but are explicitly conditioned on the purchase by Investors and sale by the Company of not less than 1,250,000 Shares in the Offering.

Appears in 3 contracts

Samples: Placement Agency Agreement (Aina Le'a Inc.), Subscription Agreement (Aina Le'a Inc.), Subscription Agreement (Aina Le'a Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will shall be subject to (i) the delivery by the Company of the Shares in accordance with the provisions of this Agreement and (ii) the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 2 contracts

Samples: Subscription Agreement (Tennessee Commerce Bancorp, Inc.), Subscription Agreement (Tennessee Commerce Bancorp, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares Securities will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agency Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares Securities that they have agreed to purchase from the Company.

Appears in 2 contracts

Samples: Subscription Agreement (Avi Biopharma Inc), Subscription Agreement (Avi Biopharma Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, including without limitation, those contained in the Placement Agreement, and to the condition that the Placement Agent shall not have: (i) terminated the Placement Agreement pursuant to the terms thereof or (collectively, ii) determined that the “Company Closing Conditions”)conditions to the closing in the Placement Agreement have not been satisfied. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 2 contracts

Samples: Subscription Agreement (H&r Block Inc), H&r Block Inc

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares Securities will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”)Closing. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares Securities that they have agreed to purchase from the Company.. Annex I - 1

Appears in 2 contracts

Samples: Subscription Agreement (Cell Source, Inc.), Canadian Subscription Agreement (DelMar Pharmaceuticals, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares that they have agreed to purchase from the CompanyClosing.

Appears in 1 contract

Samples: Subscription Agreement (Arcimoto Inc)

Conditions to the Investor’s Obligations. The Investor’s 's obligation to purchase the Shares Units will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the "Company Closing Conditions"). The Investor’s 's obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares Units that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Mechanical Technology Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be is subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Cereplast Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy in all material respects on the Closing Date of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company with respect to the Shares and/or the Investor to be fulfilled prior to the Closing Date, including, without limitation, those contained in Sections 3 and 4 of the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the remaining Total Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company hereunder and the fulfillment of those undertakings of the Company hereunder to be fulfilled prior to the Closing Date, including, without limitation, those contained and to the condition that the Placement Agent shall not have: (i) terminated the Placement Agreement pursuant to the terms thereof or (ii) determined that the conditions to the closing in the Placement Agreement (collectively, the “Company Closing Conditions”)have not been satisfied. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Electro Optical Sciences Inc /Ny)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares Securities will be subject to (i) receipt of this Agreement duly executed by the Company and (ii) the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”)Closing. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares Securities that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Splash Beverage Group, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained as set forth in the Placement Agreement (collectively, the “Company Closing Conditions”)this Agreement. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Medivation, Inc.)

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Conditions to the Investor’s Obligations. The Investor’s 's obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and (i) the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in and (ii) the Placement Agreement (collectively, sale by the Company Closing Conditions”)of at least the Minimum Shares at the same price per share at Closing. The Investor’s 's obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (BofI Holding, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company with respect to the Shares and/or the Investor to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the remaining Total Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Wave Systems Corp)

Conditions to the Investor’s Obligations. The Investor’s 's obligation to purchase the Shares will be subject to the accuracy in all material respects on the Closing Date of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company with respect to the Shares and/or the Investor to be fulfilled prior to the Closing Date, including, without limitation, those contained in Sections 3 and 4 of the Placement Agreement (collectively, the "Company Closing Conditions"). The Investor’s 's obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the remaining Total Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (8x8 Inc /De/)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares and Warrants will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”)Closing. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares Securities that they have agreed to purchase from the Company.. Annex I - 1

Appears in 1 contract

Samples: Subscription Agreement (DelMar Pharmaceuticals, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company in this Agreement shall be true and correct as of the date hereof and as of the Closing Date and the fulfillment of Company shall have fulfilled those undertakings of the Company required to be fulfilled prior to the Closing Date, including, without limitation, those contained as set forth in the Placement Agreement (collectively, the “Company Closing Conditions”)this Agreement. The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Rainmaker Systems Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors Other Investor of the Shares that they have such Other Investor has agreed to purchase from the Company, but are explicitly conditioned on the purchase by Investors and sale by the Company of not less than Shares in the offering.

Appears in 1 contract

Samples: Subscription Agreement (Marijuana Co of America, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy as of the Closing Date of the representations and warranties made by the Company in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled at or prior to the applicable Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Neose Technologies Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Investor Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company with respect to the Investor Shares and/or the Investor to be fulfilled on or prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares remaining Securities that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Wave Systems Corp)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agency Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Auxilium Pharmaceuticals Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares and the Warrants will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Other Investors of the Shares and the Warrants that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Lucas Energy, Inc.

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Shares will be subject to the accuracy of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date, including, without limitation, those contained in the Placement Agreement (collectively, the “Company Closing Conditions”). The Investor’s obligations are expressly not conditioned on the purchase by any or all of the other Investors Other Investor of the Shares that they have such Other Investor has agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Green Thumb Industries Inc.)

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