Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3844 contracts
Samples: Securities Purchase Agreement (Fluent, Inc.), Securities Purchase Agreement (Transcode Therapeutics, Inc.), Securities Purchase Agreement (Nano Nuclear Energy Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 427 contracts
Samples: Note Purchase Agreement (iSpecimen Inc.), Securities Purchase Agreement (Cyber App Solutions Corp.), Securities Purchase Agreement (Advent Technologies Holdings, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 146 contracts
Samples: Securities Purchase Agreement (TMC the Metals Co Inc.), Securities Purchase Agreement (Tiziana Life Sciences LTD), Securities Purchase Agreement (Inspire Veterinary Partners, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares that occur after the date of this Agreement.
Appears in 145 contracts
Samples: Securities Purchase Agreement (Hongli Group Inc.), Securities Purchase Agreement (Fangdd Network Group Ltd.), Securities Purchase Agreement (Capital Vista LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions relating to shares of the Common Stock that occur after the date of this Agreement.
Appears in 79 contracts
Samples: Securities Purchase Agreement (SCWorx Corp.), Securities Purchase Agreement (Qualigen Therapeutics, Inc.), Securities Purchase Agreement (Theriva Biologics, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 77 contracts
Samples: Securities Purchase Agreement (Quantum Computing Inc.), Securities Purchase Agreement (Inmune Bio, Inc.), Securities Purchase Agreement (Cheetah Net Supply Chain Service Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices prices, ADSs, and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs and Ordinary Shares that occur after the date of this Agreement.
Appears in 46 contracts
Samples: Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (Foresight Autonomous Holdings Ltd.), Securities Purchase Agreement (Genetic Technologies LTD)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 29 contracts
Samples: Securities Purchase Agreement (Innovative Card Technologies Inc), Securities Purchase Agreement (Catalyst Pharmaceutical Partners, Inc.), Securities Purchase Agreement (Catalyst Pharmaceutical Partners, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations combinations, and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 28 contracts
Samples: Securities Purchase Agreement (Algorhythm Holdings, Inc.), Securities Purchase Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (Lafayette Energy Corp.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Jet.AI Inc.), Securities Purchase Agreement (Focus Universal Inc.), Securities Purchase Agreement (LogicMark, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock ADSs or Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs or Ordinary Shares that occur after the date of this Agreement.
Appears in 21 contracts
Samples: Securities Purchase Agreement (Akari Therapeutics PLC), Securities Purchase Agreement (Akari Therapeutics PLC), Securities Purchase Agreement (Akari Therapeutics PLC)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices prices, Ordinary Shares and shares of Common Stock ADSs in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs or Ordinary Shares that occur after the date of this Agreement.
Appears in 18 contracts
Samples: Securities Purchase Agreement (TC BioPharm (Holdings) PLC), Securities Purchase Agreement (TC BioPharm (Holdings) PLC), Securities Purchase Agreement (TC BioPharm (Holdings) PLC)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement and prior to the Closing Date.
Appears in 16 contracts
Samples: Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 12 contracts
Samples: Amendment Agreement (Legend Oil & Gas, Ltd.), Notice, Consent, Amendment and Waiver Agreement (H & H Imports, Inc.), Amendment Agreement (Conspiracy Entertainment Holdings Inc)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 12 contracts
Samples: Securities Purchase Agreement (iMedia Brands, Inc.), Securities Purchase Agreement (Sun BioPharma, Inc.), Securities Purchase Agreement (Chron Organization, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Celularity Inc), Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 11 contracts
Samples: Securities Purchase Agreement (PLBY Group, Inc.), Securities Purchase Agreement (PLBY Group, Inc.), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.)
Construction. The parties agree that each of them and/or and their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretoDocuments. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward any stock splits, stock combinations, stock dividends, stock combinations recapitalizations and other similar transactions of the Common Stock that occur on or after the date of this Agreement.
Appears in 10 contracts
Samples: Common Stock Purchase Agreement (Microvision Inc), Investment Agreement (Dc Brands International Inc), Investment Agreement (Mabcure Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock capital stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 10 contracts
Samples: Standby Purchase Agreement (Black Ridge Oil & Gas, Inc.), Securities Purchase Agreement (GreenHunter Resources, Inc.), Securities Purchase Agreement (Aeolus Pharmaceuticals, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Bright Horizons Family Solutions Inc.), Stock Purchase Agreement (Agile Therapeutics Inc), Securities Purchase Agreement (Royale Energy Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 8 contracts
Samples: Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (EverQuote, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of in the Common Stock that occur after the date of this Agreement.
Appears in 8 contracts
Samples: Underwriting Agreement (Sunshine Biopharma, Inc), Underwriting Agreement (Sunshine Biopharma, Inc), Underwriting Agreement (Alset EHome International Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares Common Stock that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (American Noble Gas, Inc.), Securities Purchase Agreement (Soluna Holdings, Inc), Securities Purchase Agreement (NXT-Id, Inc.)
Construction. The Each of the parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Share Purchase Agreement (SurePure, Inc.), Subscription Agreement (SurePure, Inc.), Share Purchase Agreement (SurePure, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Fathom Holdings Inc.), Securities Purchase Agreement (Elicio Therapeutics, Inc.), Securities Purchase Agreement (Dyadic International Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions events with respect to the shares of the Common Stock and Warrants that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Algorhythm Holdings, Inc.), Stockholder Support Agreement (Glucotrack, Inc.), Securities Purchase Agreement (Glucotrack, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Nuvve Holding Corp.), Securities Purchase Agreement (Viewbix Inc.), Securities Purchase Agreement (Digital Brands Group, Inc.)
Construction. The parties agree that each of them and/or and their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Range Impact, Inc.), Securities Purchase Agreement (Range Impact, Inc.), Securities Purchase Agreement (Malachite Innovations, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the relating to Common Stock Shares that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Aptose Biosciences Inc.), Securities Purchase Agreement (Akanda Corp.), Securities Purchase Agreement (Akanda Corp.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement as set forth in the applicable Transaction Document.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Nuwellis, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Share Purchase Agreement (Gan Xiaochun), Share Purchase Agreement (Golden Heaven Group Holdings Ltd.), Share Purchase Agreement (Gong Cuizhang)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (BlueNRGY Group LTD), Securities Purchase Agreement (BlueNRGY Group LTD), Securities Purchase Agreement (CBD Energy LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement and prior to the Closing Date.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Greenwave Technology Solutions, Inc.), Securities Purchase Agreement (Greenwave Technology Solutions, Inc.), Securities Purchase Agreement (Greenwave Technology Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Exchange Agreement (ADVANCED MEDICAL ISOTOPE Corp), Securities Exchange Agreement (ADVANCED MEDICAL ISOTOPE Corp), Securities Exchange Agreement (Cyalume Technologies Holdings, Inc.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Ordinary Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Ordinary Stock that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (Integrated Media Technology LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Subscription Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Subscription Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Subscription Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement but before the Closing Date.
Appears in 6 contracts
Samples: Securities Purchase Agreement (ClearSign Technologies Corp), Securities Purchase Agreement (ClearSign Technologies Corp), Securities Purchase Agreement (Gain Therapeutics, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall will not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall will be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock relating to Ordinary Shares that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (NeuroSense Therapeutics Ltd.), Securities Purchase Agreement (NeuroSense Therapeutics Ltd.), Securities Purchase Agreement (NeuroSense Therapeutics Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Allovir, Inc.), Securities Purchase Agreement, Securities Purchase Agreement (AxoGen, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock common stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock common stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Caribou Biosciences, Inc.), Securities Purchase Agreement (Oric Pharmaceuticals, Inc.), Securities Purchase Agreement (Kura Oncology, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices prices, ADSs and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the ADSs or Common Stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kitov Pharma Ltd.), Securities Purchase Agreement (Kitov Pharma Ltd.), Securities Purchase Agreement (Kitov Pharmaceuticals Holdings Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions relating to shares of the Common Stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cosmos Health Inc.), Securities Purchase Agreement (Cosmos Health Inc.), Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement (without duplication of any such provisions for adjustments in such events that are set forth in the Warrants).
Appears in 5 contracts
Samples: Securities Purchase Agreement (Biolife Solutions Inc), Securities Purchase Agreement (Biolife Solutions Inc), Securities Purchase Agreement (Biolife Solutions Inc)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Note Purchase Agreement (Response Biomedical Corp), Note Purchase Agreement (Response Biomedical Corp), Subscription Agreement (Response Biomedical Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Class B Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Class B Shares that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and the number of shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.), Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.), Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and ordinary shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ordinary shares of the Company that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementEffective Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Adial Pharmaceuticals, Inc.), Securities Purchase Agreement (Sport Endurance, Inc.), Securities Purchase Agreement (Sport Endurance, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares and ADSs that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Nano Dimension Ltd.), Securities Purchase Agreement (Nano Dimension Ltd.), Securities Purchase Agreement (Nano Dimension Ltd.)
Construction. The parties hereto agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Exchange Agreement (Meridian Waste Solutions, Inc.), Securities Exchange Agreement (Meridian Waste Solutions, Inc.), Securities Exchange Agreement (Meridian Waste Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Series H Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Series H Preferred Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Common Stock Subscription Agreement, Securities Purchase Agreement (Eco-Stim Energy Solutions, Inc.), Common Stock Subscription Agreement (Eco-Stim Energy Solutions, Inc.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the any drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Pedevco Corp), Securities Purchase Agreement (American Resources Corp), Securities Purchase Agreement (Digital Ally Inc)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (usell.com, Inc.), Securities Purchase Agreement (Dynatronics Corp), Securities Purchase Agreement (Dynatronics Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of with respect to the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (GD Culture Group LTD), Securities Purchase Agreement (GD Culture Group LTD), Securities Purchase Agreement (GD Culture Group LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Preferred Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (Applied UV, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock or Preferred Stock or Warrants in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Intellect Neurosciences, Inc.), Securities Purchase Agreement (Intellect Neurosciences, Inc.), Securities Purchase Agreement (Intellect Neurosciences, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Series B Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Series B Preferred Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Mangoceuticals, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations combinations, reclassifications and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Oncocyte Corp), Securities Purchase Agreement (Verb Technology Company, Inc.), Securities Purchase Agreement (Verb Technology Company, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Share that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Kaixin Auto Holdings), Securities Purchase Agreement (ReTo Eco-Solutions, Inc.), Securities Purchase Agreement (ReTo Eco-Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Class A Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations combinations, and other similar transactions of the Class A Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (T1V, Inc.), Underwriting Agreement (T1V, Inc.), Underwriting Agreement (T1V, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, share consolidations, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aeterna Zentaris Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to review and revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (electroCore, Inc.), Securities Purchase Agreement (electroCore, Inc.), Securities Purchase Agreement (electroCore, Inc.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Placement Agency Agreement (Creative Realities, Inc.), Securities Purchase Agreement (Creative Realities, Inc.), Securities Purchase Agreement (Digital Media Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise this Agreement and the Transaction Documents transaction documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents transaction documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document transaction document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Debenture and Warrant Purchase Agreement (Inferx Corp), Debenture and Warrant Purchase Agreement (Telanetix,Inc), Debentures and Warrants Purchase Agreement (Octavian Global Technologies, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sino-Global Shipping America, Ltd.), Securities Purchase Agreement (Blue Sphere Corp.), Securities Purchase Agreement (Blue Sphere Corp.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Preferred Stock or Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Preferred Stock or Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alimera Sciences Inc), Securities Purchase Agreement (Alimera Sciences Inc), Securities Purchase Agreement (Alimera Sciences Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock ADSs in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Fangdd Network Group Ltd.), Securities Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.), Securities Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement but on or prior to the Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Nephros Inc), Securities Purchase Agreement (Determine, Inc.), Placement Agency Agreement (Determine, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, unless the context otherwise indicates, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Titan Environmental Solutions Inc.), Securities Purchase Agreement (Titan Environmental Solutions Inc.), Securities Purchase Agreement (SmartKem, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents to which they are party and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the such Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Coliseum Capital Management, LLC), Securities Purchase Agreement (Andina II Holdco Corp.), Securities Purchase Agreement (Andina II Holdco Corp.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Heart Test Laboratories, Inc.), Securities Purchase Agreement (Bespoke Extracts, Inc.), Securities Purchase Agreement (Bespoke Extracts, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement (but without duplication of any such adjustment provided in the other Transaction Documents).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Blue Calypso, Inc.), Securities Purchase Agreement (PLC Systems Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splitssplits or consolidations, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (A2z Cust2mate Solutions Corp.), Securities Purchase Agreement (A2z Cust2mate Solutions Corp.)
Construction. The parties agree that each of them and/or and their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretoDocuments. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward any stock splits, stock combinations, stock dividends, stock combinations recapitalizations and other similar transactions of the Common Stock that occur on or after the date of this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Li3 Energy, Inc.), Investment Agreement (Li3 Energy, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Luxurban Hotels Inc.), Securities Purchase Agreement (Luxurban Hotels Inc.)
Construction. The parties Parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Rare Element Resources LTD), Investment Agreement (Synchron)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Company stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Company common stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Stock Sale Plan Agreement (Vycor Medical Inc), Securities Exchange Agreement (Vycor Medical Inc)
Construction. The parties Parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party Party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (MiNK Therapeutics, Inc.), Stock Purchase Agreement (Agenus Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule rale of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Note and Securities Purchase Agreement, Note and Securities Purchase Agreement (PAVmed Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementExecution Date.
Appears in 2 contracts
Samples: Unit Purchase Agreement (FTE Networks, Inc.), Underwriting Agreement (Mast Therapeutics, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Series J Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Series J Preferred Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall snail be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Notes Purchase Agreement, Notes Purchase Agreement (Keryx Biopharmaceuticals Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock the Securities in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Fluent, Inc.), Securities Purchase Agreement (Fluent, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be other subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Amendment and Waiver Agreement (Wizzard Software Corp /Co), Amendment Agreement (Hyperdynamics Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of or Common Stock or Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock or Preferred Stock, as applicable, that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Marina Biotech, Inc.), Securities Purchase Agreement (Marina Biotech, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of involving the Common Stock Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (DiaMedica Therapeutics Inc.), Securities Purchase Agreement (DiaMedica Therapeutics Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Share in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Share that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (1847 Holdings LLC)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices, exercise prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Towerstream Corp), Securities Purchase Agreement (Towerstream Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretoDocuments. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mer Telemanagement Solutions LTD), Securities Purchase Agreement (Mer Telemanagement Solutions LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock prices, ADSs in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs and Ordinary Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kuke Music Holding LTD), Securities Purchase Agreement (Legend Biotech Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Share that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Top Wealth Group Holding LTD), Securities Purchase Agreement (Top Wealth Group Holding LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Douglas Elliman Inc.), Securities Purchase Agreement
Construction. The parties Parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Incannex Healthcare Inc.), Securities Purchase Agreement (Safe & Green Development Corp)
Construction. The parties agree that each of them and/or their respective counsel have Have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock or HBD Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock or HBD Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Exchange Agreement, Securities Exchange Agreement (Document Security Systems Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of Of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (CNS Pharmaceuticals, Inc.), Securities Purchase Agreement (CNS Pharmaceuticals, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock prices, Ordinary Shares or ADSs in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs or Ordinary Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (OKYO Pharma LTD), Securities Purchase Agreement (TuanChe LTD)
