Common use of No Commitment for Additional Financing Clause in Contracts

No Commitment for Additional Financing. The Company acknowledges and agrees that no Purchaser has made any representation, undertaking, commitment or agreement to provide or assist the Company in obtaining any financing, investment or other assistance, other than the purchase of the Shares as set forth herein, subject to the conditions set forth herein. In addition, the Company acknowledges and agrees that, subject to the terms and conditions set forth herein, (x) no statements, whether written or oral, made by any Purchaser or its representatives on or after the date of this Agreement shall create an obligation, commitment or agreement to provide or assist the Company in obtaining any financing or investment, (y) the Company shall not rely on any such statement by any Purchaser or its representatives and (z) an obligation, commitment or agreement to provide or assist the Company in obtaining any financing or investment may only be created by a written agreement, signed by such Purchaser and the Company, setting forth the terms and conditions of such financing or investment and stating that the parties intend for such writing to be a binding obligation or agreement. Subject to the terms and conditions set forth herein, each Purchaser shall have the right, in it sole and absolute discretion, to refuse or decline to participate in any other financing of or investment in the Company, and shall have no obligation to assist or cooperate with the Company in obtaining any financing, investment or other assistance.

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)

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No Commitment for Additional Financing. The OvaScience and the Company each acknowledges and agrees that no Purchaser has made any representation, undertaking, commitment or agreement to provide or assist the Company or OvaScience in obtaining any financing, investment or other assistance, other than the purchase of the Shares as set forth herein, in Section 1 and subject to the conditions set forth hereinin Section 5. In addition, the Company and OvaScience each acknowledges and agrees that, subject to the terms and conditions set forth herein, that (xi) no statements, whether written or oral, made by any Purchaser or its representatives on or after the date of this Agreement shall create an obligation, commitment or agreement to provide or assist the Company or OvaScience in obtaining any financing or investment, (yii) the Company and OvaScience shall not rely on any such statement by any Purchaser or its representatives and (ziii) an obligation, commitment or agreement to provide or assist the Company or OvaScience in obtaining any financing or investment may only be created by a written agreement, signed by such Purchaser and the CompanyCompany or OvaScience, setting forth the terms and conditions of such financing or investment and stating that the parties intend for such writing to be a binding obligation or agreement. Subject to the terms and conditions set forth herein, each Each Purchaser shall have the right, in it its sole and absolute discretion, to refuse or decline to participate in any other financing of or investment in the CompanyCompany or OvaScience, and shall have no obligation to assist or cooperate with the Company or OvaScience in obtaining any financing, investment or other assistance.

Appears in 2 contracts

Samples: Stock Purchase Agreement (OvaScience, Inc.), Stock Purchase Agreement (OvaScience, Inc.)

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