Issuance and Delivery of the Shares. The Shares, when issued in compliance with the provisions of this Agreement, will be validly issued, fully paid and nonassessable. The issuance and delivery of the Shares is not subject to preemptive or any other similar rights of the stockholders of the Company or any liens or encumbrances.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Aradigm Corp), Common Stock Purchase Agreement (Mycogen Corp), Common Stock Purchase Agreement (Enzon Inc)
Issuance and Delivery of the Shares. The Shares, when issued and paid for in compliance with the provisions of this Agreement, will be validly issued, fully paid and nonassessable. The issuance and delivery of the Shares is not subject to preemptive preemptive, co-sale, right of first refusal or any other similar rights of the stockholders shareholders of the Company or any liens or encumbrances.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Calypte Biomedical Corp), Common Stock Purchase Agreement (Calypte Biomedical Corp), Common Stock Purchase Agreement (Depomed Inc)
Issuance and Delivery of the Shares. The Shares, when issued and paid for in compliance with the provisions of this Agreement, will be validly issued, fully paid and nonassessable. The issuance nonassessable and delivery will not be issued in violation of the Shares is not subject to any preemptive or any other similar rights of the stockholders of the Company or any liens or encumbrancesright.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Cytel Corp/De), Common Stock Purchase Agreement (Epimmune Inc), Common Stock Purchase Agreement (Epimmune Inc)
Issuance and Delivery of the Shares. The Shares, when issued in compliance with the provisions of this Agreement, will be validly issued, fully paid and nonassessablenonassessable and not subject to any liens or other encumbrances. The Company has duly authorized and reserved for issuance a sufficient number of its authorized but unissued shares of Common Stock for the issuance and delivery of the Shares. The issuance and delivery of the Shares is are not subject to preemptive or any other similar rights of the stockholders shareholders of the Company or any liens or encumbrancesCompany.
Appears in 2 contracts
Samples: Share Purchase Agreement (TRM Corp), Share Purchase Agreement (Penwest Pharmaceuticals Co)
Issuance and Delivery of the Shares. The Shares, when issued ----------------------------------- and paid for in compliance accordance with the provisions of this Agreement, will be validly issuedissued and outstanding, fully paid and nonassessable. The issuance and delivery of the Shares is not subject to preemptive or any other similar rights of the stockholders of the Company or any liens or encumbrances.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Soros Fund Management LLC)
Issuance and Delivery of the Shares. The Shares, when issued and paid for in compliance with the provisions of this Agreement, will be validly issued, fully paid and nonassessable. The issuance and delivery of the Shares is not subject to preemptive preemptive, co-sale, right of first refusal or any other similar rights of the stockholders of the Company or any liens or encumbrances.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Calypte Biomedical Corp)
Issuance and Delivery of the Shares. The Shares, when issued and paid for in compliance with the provisions of this the Agreement, will be validly issued, fully paid and nonassessable. The issuance and delivery of the Shares is not subject to preemptive preemptive, co-sale, right of first refusal or any other similar rights of the stockholders shareholders of the Company or any liens or encumbrances.
Appears in 1 contract
Issuance and Delivery of the Shares. The SharesWhen issued in compliance with the provisions of this Agreement and the Charter, the Shares will be validly issued, fully paid and nonassessable, and when issued in compliance with the provisions of this Agreementthe Warrant, the Warrant Shares will be validly issued, fully paid and nonassessable. The issuance and delivery of the Shares Securities is not subject to preemptive or any other similar rights of the stockholders of the Company or to any liens or encumbrancesencumbrances imposed by the Company.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Biocept Inc)
Issuance and Delivery of the Shares. The Shares, when issued and paid for in compliance accordance with the provisions of this Agreement, will be validly issuedissued and outstanding, fully paid and nonassessable. The issuance and delivery of the Shares is not subject to preemptive or any other similar rights of the stockholders of the Company or any liens or encumbrances.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Triangle Pharmaceuticals Inc)
Issuance and Delivery of the Shares. The Shares, when issued in compliance with the provisions of this Agreement, will be validly issued, fully paid and nonassessablenonassessable and will conform to the description of the Common Stock set forth in the Memorandum. The issuance and delivery of the Shares is not subject to preemptive or any other similar rights of the stockholders of the Company or any liens or encumbrances.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Southern Mineral Corp)
Issuance and Delivery of the Shares. The Shares, when issued in compliance with the provisions of this Agreement, will be validly issued, fully paid and nonassessable. The issuance and delivery of the Shares is are not subject to preemptive or any other similar rights of the stockholders of the Company or any liens or encumbrances.
Appears in 1 contract
