Common use of Issuance and Delivery of the Shares Clause in Contracts

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 4 contracts

Samples: Common Stock Purchase Agreement (Aradigm Corp), Common Stock Purchase Agreement (Molecular Biosystems Inc), Common Stock Purchase Agreement (Enzon Inc)

AutoNDA by SimpleDocs

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), Purchase Agreement (Depomed Inc), Purchase Agreement (Calypte Biomedical 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 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 (Penwest Pharmaceuticals Co), Share Purchase Agreement (TRM Corp)

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 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

Samples: Form of Purchase Agreement (Genelabs Technologies Inc /Ca)

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 Upon issuance and delivery in compliance accordance with this Agreement and payment therefor in accordance with the provisions terms of this Agreement, the Shares will be duly authorized, validly issued, fully paid and nonassessable. The issuance and delivery of the Shares is not subject to preemptive or any other similar rights of any individual or entity, and the stockholders Shares will be issued and delivered free and clear of the Company or any liens or encumbrances.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bluefly Inc)

Issuance and Delivery of the Shares. The Shares, when When issued in compliance with the provisions of this AgreementAgreement and the Company’s Certificate of Incorporation, as amended, the Shares 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. The Company has reserved a sufficient number of shares of Common Stock for the purpose of enabling the Company to issue the Shares pursuant to this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Silicon Graphics Inc)

AutoNDA by SimpleDocs

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. 3.5.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Mycogen 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 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

Samples: Common Stock Purchase Agreement (Inco Homes Corp)

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 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: Purchase Agreement (Calypte Biomedical Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.