Issuance and Delivery of the Shares. When issued in compliance with the provisions of this Agreement and the Articles, the Common Shares will be validly issued, fully paid and nonassessable. Upon exercise of the Warrants in accordance with the terms thereof, the Warrant Shares will be validly issued, fully paid and nonassessable. The issuance and delivery of the Common Shares and the Warrants is not subject to preemptive or any other similar rights of the shareholders of the Company or any liens or encumbrances.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Aradigm Corp), Securities Purchase Agreement (Aradigm Corp), Securities Purchase Agreement (Aradigm Corp)
Issuance and Delivery of the Shares. When issued in compliance with the provisions of this Agreement and the ArticlesRestated Certificate, the Common Shares will be validly issued, fully paid and nonassessable. Upon exercise of the Warrants in accordance with the terms thereof, the Warrant Shares will be validly issued, fully paid and nonassessable. The issuance and delivery of the Common Shares and the Warrants is not subject to preemptive or any other similar rights of the shareholders stockholders of the Company or any liens or encumbrances.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Solexa, Inc.), Securities Purchase Agreement (Solexa, Inc.), Securities Purchase Agreement (Solexa, Inc.)
Issuance and Delivery of the Shares. When issued in compliance with the provisions of this Agreement and the ArticlesRestated Certificate, the Common Shares will be validly issued, fully paid and nonassessable. Upon exercise of the Warrants in accordance with the terms thereof, the Warrant Shares will be validly issued, fully paid and nonassessable. The issuance and delivery of the Common Shares and the Warrants is not subject to preemptive or any other similar rights of the shareholders stockholders of the Company or to any liens or encumbrancesencumbrances imposed by the Company.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Metabasis Therapeutics Inc), Securities Purchase Agreement (Favrille Inc), Securities Purchase Agreement (Metabasis Therapeutics Inc)