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 accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date those contained in the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent shall not have 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 or the issuance of any minimum amount of Units by the Company.

Appears in 3 contracts

Samples: Subscription Agreement (Polymedix Inc), Subscription Agreement (Polymedix Inc), Subscription Agreement (Refinery Science Corp)

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Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date those contained in the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent Agents shall not have 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 or the issuance of any minimum amount of Units by the Company.

Appears in 2 contracts

Samples: Subscription Agreement (Polymedix Inc), Subscription Agreement (Polymedix Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained set forth in the Placement this Agreement and the fulfillment of those undertakings of the Company set forth in this Agreement to be fulfilled prior to the Closing Date those contained in the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent shall not have determined that the conditions to the closing in the Placement Agreement have not been satisfiedDate. 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 (Raser Technologies Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date those contained in the Placement Agreement and the Subscription AgreementDate, and to the condition that the Placement Agent shall not have 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 or the issuance of any minimum amount of Units by the Company.

Appears in 1 contract

Samples: Subscription Agreement (CombiMatrix Corp)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date those contained in pursuant to this Agreement and Section 7 of the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent shall not have have: (i) terminated the Placement Agreement pursuant to the terms thereof or (ii) 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 or the issuance of any minimum amount of Units by the Company.

Appears in 1 contract

Samples: Placement Agent Agreement (Critical Therapeutics Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date those contained in the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent Agents shall not have have: (i) terminated the Placement Agreement pursuant to the terms thereof or (ii) 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 or the issuance of any minimum amount of Units by the Company.

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 accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date those that are contained in the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent shall not have 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 or the issuance of any minimum amount of Units by the Company.

Appears in 1 contract

Samples: Unit Subscription Agreement (Pharmathene, Inc)

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Conditions to the Investor’s Obligations. The Investor’s 's obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained set forth in the Placement this Agreement and the fulfillment of those undertakings of the Company set forth in this Agreement to be fulfilled prior to the Closing Date those contained in the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent shall not have determined that the conditions to the closing in the Placement Agreement have not been satisfiedDate. The Investor’s '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 (Raser Technologies Inc)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date Date, including without limitation, those contained in the Placement Agreement and the Subscription Agreement, and to the condition that the Placement Agent shall not have 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 or the issuance of any minimum amount of Units by the Company.

Appears in 1 contract

Samples: Subscription Agreement (OccuLogix, Inc.)

Conditions to the Investor’s Obligations. The Investor’s obligation to purchase the Units will be subject to the accuracy of the representations and warranties made by the Company contained in the Placement Agreement and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date Date, including, without limitation, those contained in the Placement Agent Agreement and (collectively, the Subscription Agreement, and to the condition that the Placement Agent shall not have determined that the conditions to the closing in the Placement Agreement have not been satisfied“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 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 (GTC Biotherapeutics Inc)

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