Common use of Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers Clause in Contracts

Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (a) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser pursuant to this Agreement. The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 16 contracts

Samples: Restricted Stock Purchase Agreement (Biolife Solutions Inc), Restricted Stock Purchase Agreement (Tandem Diabetes Care Inc), Restricted Stock Award Agreement (Powerwave Technologies Inc)

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Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (a) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser Participant pursuant to this Purchase Agreement. The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 2 contracts

Samples: Restricted Stock Purchase Agreement (Axonics Modulation Technologies, Inc.), Restricted Stock Purchase Agreement (Auxilio Inc)

Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (aA) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser pursuant to this Agreement. The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Cke Restaurants Inc), Restricted Stock (Endologix Inc /De/)

Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (a) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser pursuant to this Agreement. The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 2 contracts

Samples: Restricted Stock Purchase Agreement (Icx Electronics Inc), Restricted Stock Purchase Agreement (STM Wireless Inc)

Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (a) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser Recipient pursuant to this Agreement. The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 1 contract

Samples: Restricted Stock Agreement (Newport Corp)

Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (a) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser the Optionee pursuant to this AgreementOption. The inability Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares shares as to which such requisite authority or approval shall not have been obtained.

Appears in 1 contract

Samples: Stock Option Agreement (TherOx, Inc.)

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Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (aA) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser Grantee pursuant to this Agreement. The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Mti Technology Corp)

Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (a) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser Grantee pursuant to this Agreement. The inability of the Company to obtain, from any such regulatory agency, such authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Mti Technology Corp)

Limitation of Company’s Liability for Nonissuance; Unpermitted Transfers. (a) The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to Purchaser Grantee pursuant to this Agreement. The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such Shares as to which such requisite authority or approval shall not have been obtained.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Cortex Pharmaceuticals Inc/De/)

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