Common use of Disclosure Schedule Clause in Contracts

Disclosure Schedule. (i) During the Investment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i). For purposes of this Section 5.14, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 19 contracts

Samples: Common Stock Purchase Agreement (Arena Pharmaceuticals Inc), Common Stock Purchase Agreement (Omeros Corp), Common Stock Purchase Agreement (Poniard Pharmaceuticals, Inc.)

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Disclosure Schedule. (i) During the Investment PeriodThe Company may, the Company shall from time to time time, update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i7.2(i). For purposes of this Section 5.146.18, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 6.18 shall cure any breach of a representation or warranty of the Company contained in this Agreement and made prior to the update and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 11 contracts

Samples: Common Stock Purchase Agreement (Humanigen, Inc), Common Stock Purchase Agreement (Bio Key International Inc), Common Stock Purchase Agreement (Amyris, Inc.)

Disclosure Schedule. (i) During the Investment PeriodThe Company may, the Company shall from time to time time, update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i7.2(i). For purposes of this Section 5.146.18, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 6.18 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 5 contracts

Samples: Common Stock Purchase Agreement (Microvision Inc), Common Stock Purchase Agreement (Microvision Inc), Common Stock Purchase Agreement (Omeros Corp)

Disclosure Schedule. (i) During From time to time during the Investment Period, the Company shall from time be permitted to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i). For purposes of this Section 5.145.15, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 5.15 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 5 contracts

Samples: Common Stock Purchase Agreement (Globalstar, Inc.), Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (EnteroMedics Inc)

Disclosure Schedule. (i) During From time to time during the Investment Period, the Company shall from time be permitted to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i). For purposes of this Section 5.145.15, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D E shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 5.15 shall cure any an prior breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s 's rights or remedies with respect thereto.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.)

Disclosure Schedule. (i) During the Investment Commitment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i6.4(i). For purposes of this Section 5.14, any disclosure made in a schedule to the Compliance Closing Certificate substantially in the form attached hereto as Exhibit D C shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 shall cure any previous breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect theretoto such previous breach.

Appears in 2 contracts

Samples: Investment Agreement (Intercloud Systems, Inc.), Investment Agreement (Terra Tech Corp.)

Disclosure Schedule. (i) During the Investment PeriodThe Company may, the Company shall from time to time time, update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i7.2(i). For purposes of this Section 5.146.19, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 6.19 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Celsion CORP), Common Stock Purchase Agreement (ARYx Therapeutics, Inc.)

Disclosure Schedule. (ix) During the Investment PeriodThe Company may, the Company shall from time to time time, update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i7.2(i). For purposes of this Section 5.146.18, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 6.18 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Kv Pharmaceutical Co /De/)

Disclosure Schedule. (i) During the Investment Period, the Company shall may from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i). For purposes of this Section 5.145.15, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 5.15 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Microvision Inc)

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Disclosure Schedule. (i) During the Investment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i). For purposes of this Section 5.145.15, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 5.15 shall cure any prior breach of a representation or warranty of the Company or the Operating Partnership contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Sun Communities Inc)

Disclosure Schedule. (i) During the Investment Commitment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i6.4(i). For purposes of this Section 5.14, any disclosure made in a schedule to the Compliance Certificate ClosingCertificate substantially in the form attached hereto as Exhibit D C shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 shall cure any previous breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect theretoto such previous breach.

Appears in 1 contract

Samples: Investment Agreement (Alphatec Holdings, Inc.)

Disclosure Schedule. (ia) During the Investment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i6.3(a). For purposes of this Section 5.14, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D C shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Brazil Minerals, Inc.)

Disclosure Schedule. (i) During the Investment Commitment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i6.2(ii). For purposes of this Section 5.14, any disclosure made in a schedule to the Compliance Closing Certificate substantially in the form attached hereto as Exhibit D C shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 shall cure any previous breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect theretoto such previous breach.

Appears in 1 contract

Samples: Investment Agreement (Intercloud Systems, Inc.)

Disclosure Schedule. (i) During the Investment Period, the Company shall from time to time update the Disclosure Schedule as may be required to satisfy the condition set forth in Section 6.3(i). For purposes of this Section 5.14, any disclosure made in a schedule to the Compliance Certificate substantially in the form attached hereto as Exhibit D E shall be deemed to be an update of the Disclosure Schedule. Notwithstanding anything in this Agreement to the contrary, no update to the Disclosure Schedule pursuant to this Section 5.14 shall cure any breach of a representation or warranty of the Company contained in this Agreement and shall not affect any of the Investor’s rights or remedies with respect thereto.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Emcore Corp)

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