Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the Closing and to issue and sell to the Investor the Shares to be purchased by it at the Closing is subject to the satisfaction of the following conditions precedent: (a) The representations and warranties of the Investor contained herein shall be true and correct on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date. (b) The Registration Rights Agreement and the Escrow Agreement shall have been executed and delivered by the Investor. (c) The Investor shall have performed all obligations and conditions required to be performed or observed by the Investor under this Agreement and the other Transaction Documents on or prior to the Closing Date.
Appears in 6 contracts
Samples: Subscription Agreement (National Coal Corp), Subscription Agreement (National Coal Corp), Subscription Agreement (National Coal Corp)
Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the Closing and to issue and sell to the Investor the Shares to be purchased by it at the Closing is subject to the satisfaction of the following conditions precedent:
(a) The representations and warranties of the Investor contained herein shall be true and correct in all material respects on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date.
(b) The Registration Rights Agreement and the Escrow Agreement shall have been executed and delivered by the Investor.
(c) The Investor shall have performed all obligations and conditions required to be performed or observed by the Investor under this Agreement and the other Transaction Documents on or prior to the Closing Date.
Appears in 4 contracts
Samples: Exchange Agreement (Digipath, Inc.), Securities Purchase Agreement (Digipath, Inc.), Subscription Agreement (TeleHealthCare, Inc.)
Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the Closing and to issue and sell to the Investor Investors the Shares Securities to be purchased by it at the Closing is subject to the satisfaction of the following conditions precedent:
(a) The representations and warranties of each of the Investor Investors contained herein shall be true and correct in all material respects on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date.
(b) The Registration Rights Agreement and the Escrow Agreement shall have been executed and delivered by the Investor.
(c) The Investor Each of the Investors shall have performed all obligations and conditions required to be performed or observed by the such Investor under this Agreement and the other Transaction Documents on or prior to the Closing Date.
Appears in 2 contracts
Samples: Subscription Agreement (Fluoropharma Medical, Inc.), Subscription Agreement (Fluoropharma Medical, Inc.)
Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the Closing and to issue and sell to the Investor the Shares to be purchased by it at the Closing is subject to the satisfaction of the following conditions precedent:
(a) The representations and warranties of the Investor contained herein shall be true and correct on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date.
(b) The Registration Rights Agreement and the Escrow Agreement shall have been executed and delivered by the Investor.
(c) The Investor shall have performed all obligations and conditions required to be performed or observed by the Investor under this Agreement and the other Transaction Documents on or prior to the Closing Date.
Appears in 1 contract
Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the Closing and to issue and sell to the Investor the Shares Securities to be purchased by it at the Closing is subject to the satisfaction of the following conditions precedent:
(a) The representations and warranties of the Investor contained herein shall be true and correct in all material respects on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date.
(b) The Registration Rights Agreement and the Escrow Agreement shall have been executed and delivered by the Investor.
(c) The Investor shall have performed all obligations and conditions required to be performed or observed by the Investor under this Agreement and the other Transaction Documents on or prior to the Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (Fluoropharma Medical, Inc.)