Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 5 contracts
Samples: Common Stock and Warrant Purchase Agreement (Concentric Network Corp), Common Stock Purchase Agreement (Concentric Network Corp), Common Stock Purchase Agreement (Cerus Corp)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement the Financing Documents (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 4 contracts
Samples: Series C Preferred Stock Purchase Agreement (Array Biopharma Inc), Series C Preferred Stock Purchase Agreement (Qualmark Corp), Series B Preferred Stock Purchase and Exchange Agreement (Planetcad Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Financing Documents (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 4 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Coinstar Inc), Series E Preferred Stock and Warrant Purchase Agreement (Coinstar Inc), Series C Preferred Stock Purchase Agreement (Qualmark Corp)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate required for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and Closing as of the Closingagreed upon by Purchasers).
Appears in 3 contracts
Samples: Series C Preferred Stock Purchase Agreement (Netlibrary Inc), Series D Preferred Stock Purchase Agreement (Netlibrary Inc), Series D Preferred Stock Purchase Agreement (Netlibrary Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement and the Investors' Rights Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the applicable Closing).
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Icm Asset Management Inc/Wa), Common Stock Purchase Agreement (Svi Holdings Inc), Common Stock Purchase Agreement (Elite Logistics Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement, the Investors' Rights Agreement and the Co-Sale Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Women Com Networks Inc), Series D Preferred Stock Purchase Agreement (Women Com Networks Inc), Series C Preferred Stock Purchase Agreement (Women Com Networks Inc)
Consents, Permits, and Waivers. The As of the Closing Date, the Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 3 contracts
Samples: Series B Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc), Series a Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc), Series a Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and Closing as of the Closingagreed upon by Purchaser in writing).
Appears in 3 contracts
Samples: Series D Preferred Stock Purchase Agreement (Netlibrary Inc), Series C Preferred Stock Purchase Agreement (Netlibrary Inc), Series D Preferred Stock Purchase Agreement (Netlibrary Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the First Closing).
Appears in 3 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Purchase Agreement (Improvenet Inc), Second Series E Preferred Stock and Warrant Purchase Agreement (Improvenet Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement, the Investor Rights Agreement and the Shareholders Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the each Closing).
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Myogen Inc), Series C Preferred Stock Purchase Agreement (Myogen Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as each Purchaser determines may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the ClosingFirst Closing Date).
Appears in 2 contracts
Samples: Recapitalization Agreement (Birch Telecom Inc /Mo), Recapitalization Agreement (Birch Telecom Inc /Mo)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and each of the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Macrovision Corp), Series C Preferred Stock Purchase Agreement (Macrovision Corp)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits permits, and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Landacorp Inc), Series D Preferred Stock Purchase Agreement (Landa Management Systems Corp)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for the consummation of the transactions contemplated by this Agreement and the Registration Rights Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the ClosingClosing Date).
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Corvas International Inc), Common Stock Purchase Agreement (Corvas International Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement (except for such as may be properly obtained subsequent to the ClosingAgreement, and such items shall be effective on and as including without limitation the consent of the Closing)senior lender of the Company prior to such Closing Date.
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (Halpern Denny Iii Lp), Series F Preferred Stock Purchase Agreement (New World Coffee Manhattan Bagel Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for those that such as Purchaser determines may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the ClosingFirst Closing Date).
Appears in 2 contracts
Samples: Recapitalization Agreement (Birch Telecom Inc /Mo), Recapitalization Agreement (Birch Telecom Inc /Mo)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the ClosingClosing Date).
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (Birch Telecom Inc /Mo), Securities Purchase Agreement (Birch Telecom Inc /Mo)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the each Closing).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Netlibrary Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and Closing as of agreed upon by the ClosingPurchasers).
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Netlibrary Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Usa Net Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Patent Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Myogen Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Redwood Trust Inc)
Consents, Permits, and Waivers. The Company Corporation shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Adesso Healthcare Technology Services Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement and the Investor Rights Agreement (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Tag It Pacific Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the ClosingClosing Date).
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Birch Telecom Inc /Mo)
Consents, Permits, and Waivers. The Company shall have obtained any and all consents, licenses, permits, orders, authorizations, approvals, consents, permits waivers and waivers the like necessary or appropriate for consummation of the transactions contemplated by this Agreement and the other Related Documents (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Summa Industries/)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement the Agreements (except for such as may properly be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Ciphergen Biosystems Inc)
Consents, Permits, and Waivers. The Company shall have made all filings with governmental agencies and obtained any and all authorizations, approvals, consents, permits and waivers of any Person necessary or appropriate for consummation of the transactions contemplated by this Agreement the Transaction Documents (except for such as may be properly made or obtained subsequent to the Closing, and such items shall be effective on and as of after the Closing).
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (BioNumerik Pharmaceuticals, Inc.)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as Purchaser determines may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the ClosingFirst Closing Date).
Appears in 1 contract
Samples: Series G Preferred Stock Purchase Agreement (Birch Telecom Inc /Mo)
Consents, Permits, and Waivers. The On or prior to the Closing Date, the Company shall have filed and obtained any and all authorizationsconsents, approvals, consentsauthorizations, permits permits, licenses and waivers necessary or appropriate required to be obtained by the Company for consummation of the transactions contemplated by this Agreement (except for such as may be properly obtained subsequent to and the Closing, and such items shall be effective on and as of the Closing)other Transaction Documents.
Appears in 1 contract
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Purchase Agreement and the Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Second Closing).
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Usa Net Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement (except for such as may and will be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Purchase and Registration Rights Agreement (Aegis Communications Group Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this Agreement and the other agreements contemplated herein (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Stock Purchase Agreement (Maxwell Technologies Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Financing Documents (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Final Closing).
Appears in 1 contract
Samples: Preferred and Common Stock Purchase Agreement (Array Biopharma Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, governmental consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Closing).
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Ask Jeeves Inc)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as Purchaser determines may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the ClosingClosing Date).
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (Birch Telecom Inc /Mo)
Consents, Permits, and Waivers. The Company shall have obtained any and all authorizations, approvals, consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by this the Agreement and the Related Agreements (except for such as may be properly obtained subsequent to the Closing, and such items shall be effective on and as of the Initial Closing).
Appears in 1 contract
