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 Units will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the conditions to the closing in the Placement Agreement have not been satisfied.

Appears in 3 contracts

Samples: Subscription Agreement (Beacon Power Corp), Subscription Agreement (Beacon Power Corp), Subscription Agreement (Pacific Ethanol, Inc.)

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Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the conditions to the closing Closing as set forth 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 Investors of the Units that they have agreed to purchase from the Company or the issuance of any minimum amount of Units by the Company.

Appears in 1 contract

Samples: Subscription Agreement (Idera Pharmaceuticals, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the conditions to the closing in the Placement Agreement have not been satisfied.

Appears in 1 contract

Samples: Subscription Agreement (Acorn Energy, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the 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 Investors of the Units that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Placement Agent Agreement (Favrille Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares will be subject to the condition that the Placement Agent Agents shall not have: (a1) terminated the Placement Agreement pursuant to the terms thereof or (b2) determined that the 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 Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Spectrum Pharmaceuticals Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares and the Warrants will be subject to the condition that the Placement Agent Agents shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the 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 Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Clean Energy Fuels Corp.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares will be subject to the condition that the Placement Agent Agents shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the 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 Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Orient Express Hotels LTD)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the condition that the Placement Agent Agents shall not have: (ai) terminated the Placement Agreement pursuant to the terms thereof or (bii) determined that the conditions to the closing in the Placement Agreement have not been satisfied.

Appears in 1 contract

Samples: Subscription Agreement (Cell Genesys Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the condition that the Placement Agent shall not have: (ai) terminated the Placement Agreement pursuant to the terms thereof or (bii) determined that the 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 Investors of the remaining Units that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Transmeta Corp)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares will be subject to the condition that the Placement Agent Agents shall not have: (ai) terminated the Placement Agreement pursuant to the terms thereof or (bii) determined that the 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 Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Placement Agency Agreement (Vical Inc)

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Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the condition that the Placement Agent Agents shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the conditions to the closing in the Placement Agreement have not been satisfied.

Appears in 1 contract

Samples: Subscription Agreement (Beacon Power Corp)

Conditions to the Investor’s Obligations. The Investor’s 's obligation to purchase the Units will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the conditions to the closing in the Placement Agreement have not been satisfied.

Appears in 1 contract

Samples: Subscription Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares and Warrants will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the conditions to the closing in the Placement Agreement have not been satisfied.

Appears in 1 contract

Samples: Subscription Agreement (Dendreon Corp)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the conditions to the closing in the Placement Agency Agreement have not been satisfied. 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 (Genta Inc De/)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units Shares will be subject to the condition that the Placement Agent shall not have: (a) terminated the Placement Agreement pursuant to the terms thereof or (b) determined that the 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 Investors of the Shares that they have agreed to purchase from the Company.

Appears in 1 contract

Samples: Subscription Agreement (Combinatorx, Inc)

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