Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder).
Appears in 4 contracts
Samples: Securities Purchase Agreement (Saflink Corp), Securities Purchase Agreement (Saflink Corp), Securities Purchase Agreement (Saflink Corp)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder)hereby.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Aasche Transportation Services Inc), Securities Purchase Agreement (Intellicall Inc), Securities Purchase Agreement (On Technology Corp)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, which if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder)hereby.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Accent Software International LTD), Securities Purchase Agreement (Accent Software International LTD), Securities Purchase Agreement (Accent Software International LTD)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which that if performed, or intentionally omit to perform any act whichthat, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder)Investor.
Appears in 3 contracts
Samples: Securities and Debenture Purchase Agreement, Stock and Warrant Purchase Agreement (Act Teleconferencing Inc), Securities and Debenture Purchase Agreement (Shells Seafood Restaurants Inc)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder)hereby.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Webb Interactive Services Inc), Securities Purchase Agreement (Webb Interactive Services Inc), Securities Purchase Agreement (Webb Interactive Services Inc)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Valence Technology Inc), Securities Purchase Agreement (Valence Technology Inc)
Intentional Acts or Omissions. The Company shall not ----------------------------- intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by the Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder).
Appears in 1 contract
Samples: Securities Purchase Agreement (Online System Services Inc)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by the Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder). The Company will use commercially reasonable efforts to enforce to the fullest extent possible any proxies provided in connection with the transactions contemplated hereunder.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Bio Medica Corp)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder).
Appears in 1 contract
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder).. In addition, the Company shall not waive, and shall use its best efforts to enforce any material
Appears in 1 contract
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by the Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder).
Appears in 1 contract
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act act, which if performed, or intentionally omit to perform any act whichact, which if omitted to be performed, would prevent or excuse the performance of any provision of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder)hereby.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Kolorfusion International Inc)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which if performed, or intentionally omit to perform any act which, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser the Purchasers (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder).
Appears in 1 contract
Samples: Securities Purchase Agreement (Westell Technologies Inc)
Intentional Acts or Omissions. The Company shall not intentionally ----------------------------- perform any act which that if performed, or intentionally omit to perform any act whichthat, if omitted to be performed, would prevent or excuse the performance of this Agreement or any of the other Investment Transaction Agreements or any of the transactions contemplated hereby or thereby or the benefits intended to be secured thereby by Purchaser (including, without limitation, pursuant to any agreements or documents obtained by the Company as a condition to any Closing hereunder)Investor.
Appears in 1 contract
Samples: Subscription Agreement (Adm Tronics Unlimited Inc/De)