Conditions to XX Xxxxx’x Obligations. The obligations of Xx Xxxxx hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by Xx Xxxxx of a due diligence review satisfactory to Xx Xxxxx in its reasonable judgment, and to the continuing satisfaction (or waiver by Xx Xxxxx in its sole discretion) of the following additional conditions:
Appears in 10 contracts
Samples: At Market Issuance Sales Agreement (Magnum Hunter Resources Corp), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (Xoma LTD /De/)
Conditions to XX Xxxxx’x Obligations. The obligations of Xx Xxxxx hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by Xx Xxxxx of a due diligence review satisfactory to Xx Xxxxx in its reasonable judgment, and to the continuing satisfaction (or waiver by Xx Xxxxx in its sole discretiondiscretion with such waiver for a given Placement having no effect on any other Placement) of the following additional conditions:
Appears in 1 contract
Samples: At Market Issuance Sales Agreement (Antigenics Inc /De/)