Common use of Draw Down Terms Clause in Contracts

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company may, in its sole discretion, issue and exercise draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to accept, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Network Commerce Inc), Common Stock Purchase Agreement (Network Commerce Inc)

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Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise up to 24 draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to accept, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Cel Sci Corp), Common Stock Purchase Agreement (Cel Sci Corp)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company may, in its sole discretion, issue and exercise draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to accept, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Data Race Inc), Common Stock Purchase Agreement (Data Race Inc)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise up to 24 draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to accept, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cel Sci Corp)

Draw Down Terms. Subject to the satisfaction of the --------------- conditions set forth in this Agreement, the parties agree as follows: (a) The Company may, in its sole discretion, issue and exercise draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to accept, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five one (51) Trading Days Day between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Valicert Inc)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company may, in its sole discretion, issue and exercise draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to accept, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five one (51) Trading Days Day between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Stemcells Inc)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to acceptaccept during the Commitment Period, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Migratec Inc)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to acceptaccept during the Commitment Period, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of at least five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (24/7 Media Inc)

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Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise a draw downs against the Commitment Amount down (each a "Draw Down") during the Commitment each Draw Down Pricing Period, which Draw Downs Down the Purchaser shall be obligated to accept, subject to accept for a period of 24 months commencing immediately after the terms and conditions hereinEffective Date (the "Commitment Period"). (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five at least seven (57) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.16.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (World Wide Wireless Communications Inc)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company may, in its sole discretion, issue and exercise draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to acceptaccept during the Commitment Period, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Metropolitan Health Networks Inc)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise a draw downs against the Commitment Amount down (each a "Draw Down") during the Commitment each Draw Down Pricing Period, which Draw Downs Down the Purchaser shall be obligated to accept, subject to accept for a period of 18 months commencing immediately after the terms and conditions hereinEffective Date (the "Commitment Period"). (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of at least five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.16.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Surgilight Inc)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise a draw downs against the Commitment Amount down (each a "Draw Down") during the Commitment each Draw Down Pricing Period, which Draw Downs Down the Purchaser shall be obligated to accept, subject to accept during the terms and conditions hereinCommitment Period. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of at least five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (E-Medsoft Com)

Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The Company Company, may, in its sole discretion, issue and exercise up to twenty-four (24) draw downs against the Commitment Amount (each a "Draw Down") during the Commitment Period, which Draw Downs the Purchaser shall be obligated to accept, subject to the terms and conditions herein. (b) Only one Draw Down shall be allowed in each Draw Down Pricing Period. There shall be a minimum of five (5) Trading Days between Draw Down Pricing Periods. The number of shares of Common Stock purchased by the Purchaser with respect to each Draw Down shall be determined as set forth in Section 5.1

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Lendingtree Inc)

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