No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the Closing.
Appears in 14 contracts
Samples: Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 13 contracts
Samples: Series a Convertible Preferred Stock and Warrant Purchase Agreement (Trading Solutions Com Inc), Series D Convertible Preferred Stock Purchase Agreement (Dirt Motor Sports, Inc.), Convertible Preferred Stock Purchase (Astrata Group Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 9 contracts
Samples: Series H Convertible Preferred Stock Purchase Agreement (Wave Systems Corp), Series M Convertible Preferred Stock Purchase (Esynch Corp/Ca), Convertible Preferred Stock Purchase (Hienergy Technologies Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Ambient Corp /Ny), Note and Warrant Purchase Agreement (Silver Star Energy Inc), Note and Warrant Purchase Agreement (Datalogic International Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Ambient Corp /Ny), Note and Warrant Purchase Agreement (Merchandise Creations, Inc.), Note and Warrant Purchase Agreement (Intelligentias, Inc.)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 7 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Boundless Motor Sports Racing Inc), Convertible Preferred Stock Purchase (Cytomedix Inc), Convertible Preferred Stock Purchase Agreement (Boundless Motor Sports Racing Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the ClosingClosing Date), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNote.
Appears in 5 contracts
Samples: Convertible Note Purchase (Armitec Inc), Convertible Note Purchase Agreement (Imaging Technologies Corp/Ca), Convertible Note Purchase Agreement (Imaging Technologies Corp/Ca)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been be suspended by the Commission or the OTC Bulletin Board NASD (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloombergthe American Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingShares.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Ariad Pharmaceuticals Inc), Common Stock Purchase Agreement (Genelabs Technologies Inc /Ca), Common Stock Purchase Agreement (Ariad Pharmaceuticals Inc)
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 5 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Dolce Ventures, Inc), Registration Rights Agreement (Victory Divide Mining CO), Series B Convertible Preferred Stock Purchase (National Realty & Mortgage Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 4 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Ortec International Inc), Series C Convertible Preferred Stock Purchase Agreement (Vycor Medical Inc), Series F Convertible Preferred Stock Purchase (Prescient Applied Intelligence, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Nasdaq Capital Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 3 contracts
Samples: Debenture and Warrant Purchase Agreement (Electro Energy Inc), Debenture and Warrant Purchase Agreement (Electro Energy Inc), Warrant Purchase Agreement (Electro Energy Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing DateDate applicable to such Purchaser, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (International Imaging Systems Inc), Securities Purchase Agreement (China Bio Energy Holding Group Co., Ltd.), Convertible Preferred Stock Purchase Agreement (Avicena Group, Inc.)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NASD (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloombergthe American Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingShares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Isis Pharmaceuticals Inc), Common Stock Purchase Agreement (Aviron)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the each Closing), and, at any time prior to the each Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Technoconcepts, Inc.), Note and Warrant Purchase Agreement (Technoconcepts, Inc.)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been be suspended by the Commission or the OTC Bulletin Board NASD (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloombergthe American Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Purchasers, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingShares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Geltex Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Fibernet Telecom Group Inc\)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Subsequent Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingOption Notes.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Apollo Resources International Inc), Note and Warrant Purchase Agreement (Apollo Resources International Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Subsequent Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingOption Notes.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Quest Oil Corp), Note and Warrant Purchase Agreement (Silver Star Energy Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Subsequent Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingOption Shares.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc), Preferred Stock Purchase Agreement (Health Sciences Group Inc)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Nasdaq National Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closingsuch Draw Down Exercise Date and applicable Settlement Date), and, at any time prior to the Closing each Draw Down Exercise Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on the Nasdaq National Market shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock ExchangeNasdaq National Market, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Company, makes it impracticable or inadvisable to purchase issue the Securities to be issued as of the ClosingShares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Infocure Corp), Common Stock Purchase Agreement (Matritech Inc/De/)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been be suspended by the Commission or the OTC Bulletin Board NASD (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by BloombergAmerican Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Company, makes it impracticable or inadvisable to purchase issue the Securities to be issued as of the ClosingShares.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Fibernet Telecom Group Inc\), Common Stock Purchase Agreement (Geltex Pharmaceuticals Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes and Warrants.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Bioforce Nanosciences Holdings, Inc.), Note and Warrant Purchase Agreement (Bioforce Nanosciences Holdings, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg“ Bloomberg ”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the Closing.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Juma Technology Corp.), Note and Warrant Purchase Agreement (Juma Technology Corp.)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Satcon Technology Corp), Note and Warrant Purchase Agreement (Satcon Technology Corp)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board principal exchange or market on which Common Stock is traded (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Advanced Growing Systems, Inc.), Convertible Preferred Stock Purchase Agreement (Advanced Growing Systems, Inc.)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board American Stock Exchange (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Home Solutions of America Inc), Series B Convertible Preferred Stock Purchase Agreement (Home Solutions of America Inc)
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSeries A Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Nasdaq Capital Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Series H Convertible Preferred Stock Purchase Agreement (Wave Systems Corp)
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Dolce Ventures, Inc)
No Suspension, Etc. Trading in the Company’s Common Stock on the OTCBB shall not have been suspended by the Commission or the OTC Bulletin Board Financial Industry Regulatory Authority, Inc. (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of Preferred Shares and the ClosingWarrants.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Activecare, Inc.)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NASD (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Dateeach Draw Down request, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by BloombergAmerican Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Company, makes it impracticable or inadvisable to purchase issue the Securities to be issued as of the ClosingShares.
Appears in 1 contract
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes and Warrants.
Appears in 1 contract
Samples: Note and Warrant Purchase (Bioforce Nanosciences Holdings, Inc.)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 1 contract
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the each Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 1 contract
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the ClosingClosing Date), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingDebentures or Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Internet Sports Network Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, ------------------ trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Speedcom Wireless Corp)
No Suspension, Etc. Trading From the date hereof to the Closing Date, ------------------ trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or --------- limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, or on the OTC Bulletin Board, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Purchasers, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Series E Convertible Preferred Stock Purchase (Skylynx Communications Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s Company`s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Agreement (Watley a B Group Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the applicable Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Colombia Clean Power & Fuels, Inc)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the The New York Stock Exchange, Inc., nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Rs Group of Companies Inc)
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Southern Sauce Company, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Trading Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the applicable Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities pursuant to be issued as of the Closingthis Agreement.
Appears in 1 contract
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NASDAQ (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by BloombergNASDAQ, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingShares.
Appears in 1 contract
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSeries B Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board SEC (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPurchased Shares.
Appears in 1 contract
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission Commission, Pink Sheets or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Initial Closing), and, at any time prior to the each Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities. The Company shall have an effective Form 211 under Rule 15(c)2-11 under the Securities to be issued as Exchange Act of 1934 on file with the ClosingNASD at all times.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Interlink Global Corp)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the each Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes.
Appears in 1 contract
Samples: Secured Convertible Notes Purchase (Virtual Communities Inc/De/)
No Suspension, Etc. Trading From the date hereof to each Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the each Closing), and, at any time prior to the Closing Dateeach Closing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Series K Convertible Preferred Stock Purchase (Esynch Corp/Ca)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Nasdaq National Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Dateeach Draw Down request, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on the Nasdaq National Market shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock ExchangeNasdaq National Market, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Company, makes it impracticable or inadvisable to purchase issue the Securities to be issued as of the ClosingShares.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Eclipse Surgical Technologies Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingShares.
Appears in 1 contract
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Nasdaq Capital Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingCommon Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sinocoking Coal & Coke Chemical Industries, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock shall not --------------------- have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or --------- minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the reasonable judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Charys Holding Co Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the such Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Purchasers, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Speedcom Wireless Corp)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Cyberlux Corp)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have ------------------- been suspended by the Commission or the OTC Bulletin Board Nasdaq National Market or an Alternate Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing)such Draw Down Exercise Date or Settlement Date, as applicable) and, at any time prior to the Closing each Draw Down Exercise Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on Nasdaq National Market or an Alternate Market shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in in, any financial market which, in each case, in the reasonable judgment of such Purchaserthe Company, makes it impracticable or inadvisable to purchase issue the Securities to be issued as of the ClosingShares.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Nexell Therapeutics Inc)
No Suspension, Etc. Trading From the date hereof to the First Tranche ------------------ Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the First Tranche Closing), and, at any time prior to the Closing DateFirst Tranche Closing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Net Value Holdings Inc)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the such Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Purchasers, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingDebentures.
Appears in 1 contract
Samples: Convertible Debenture and Warrant Purchase Agreement (Starbase Corp)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board principal exchange or market on which Common Stock is quoted or traded (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”"BLOOMBERG") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingCommon Shares.
Appears in 1 contract
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Nasdaq Capital Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the Closing.Securities. 18
Appears in 1 contract
Samples: Debenture and Warrant Purchase Agreement (Electro Energy Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Initial Closing), and, at any time prior to the each Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Quest Oil Corp)
No Suspension, Etc. Trading From the date hereof to the Closing ------------------ Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or --------- limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, or on the OTC Bulletin Board, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Skylynx Communications Inc)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been be suspended by the Commission or the OTC Bulletin Board NASD (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Dateeach Draw Down request, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by BloombergAmerican Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in -15- its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaserthe Company, makes it impracticable or inadvisable to purchase issue the Securities to be issued as of the ClosingShares.
Appears in 1 contract
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NASDAQ (except for any suspension of trading of limited duration agreed to by between the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) NASDAQ shall not have been suspended or limited, limited or minimum prices shall not have been established on securities whose trades are reported by BloombergNASDAQ, or nor shall trading in securities on the New York Stock Exchange have been suspended nor minimum prices established on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in in, any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingShares.
Appears in 1 contract
Samples: Series G Convertible Preferred Stock Purchase (Florida Gaming Corp)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSeries D Preferred Shares.
Appears in 1 contract
Samples: Series D Convertible Preferred Stock Purchase Agreement (Edgewater Foods International, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board Nasdaq Stock Market (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the each Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes.
Appears in 1 contract
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NASDAQ (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) NASDAQ shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by BloombergNASDAQ, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such a Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes and Warrants.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Ifs International Inc/De)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission Commission, Pink Sheets or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Initial Closing), and, at any time prior to the each Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York Florida State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities. The Company shall have an effective Form 211 under Rule 15(c)2-11 under the Securities to be issued as Exchange Act of 1934 on file with the ClosingNASD at all times.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Interlink Global Corp)
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSeries C Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (China New Energy Group CO)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission Commission, Pink Sheets or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Initial Closing), and, at any time prior to the each Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities. The Company shall have an effective Form 211 under Rule 15(c)2-11 under the Securities to be issued as Exchange Act of 1934 on file with the ClosingNASD at all times.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (In Touch Media Group, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission Commission, the Pink Sheets, or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingNotes.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (In Touch Media Group, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock on the Pink Sheets shall not have been suspended by the Commission or the OTC Bulletin Board Financial Industry Regulatory Authority, Inc. (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of Preferred Shares and the ClosingWarrants.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (Activecare, Inc.)
No Suspension, Etc. Trading in Quotation of the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingCommon Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Artistry Publications Inc)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 1 contract
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Edgewater Foods International, Inc.)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board principal exchange or market on which Common Stock is quoted or traded (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Series D Convertible Preferred Stock Purchase Agreement (BPO Management Services)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NYSE Amex (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSeries A Preferred Stock.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Gulfstream International Group Inc)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NASD (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on Nasdaq shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloombergthe American Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in in, any financial market which, in each case, in the judgment of such Purchaserthe Company, makes it impracticable or inadvisable to purchase issue the Securities to be issued as of the ClosingShares.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Isis Pharmaceuticals Inc)
No Suspension, Etc. Trading From the date hereof to such Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the such Closing), and, at any time prior to the Closing Datesuch Closing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Series L Convertible Preferred Stock Purchase (Esynch Corp/Ca)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board NASDAQ (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingSecurities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Neurobiological Technologies Inc /Ca/)
No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the applicable Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the such Closing.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Juma Technology Corp.)
No Suspension, Etc. Trading From the date hereof to the Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board American Stock Exchange (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) the American Stock Exchange shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloombergthe American Stock Exchange, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such a Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingUnits.
Appears in 1 contract
No Suspension, Etc. Trading From the date hereof to the Second Tranche ------------------ Closing Date, trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the Second Tranche Closing), and, at any time prior to the Closing DateSecond Tranche Closing, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any material adverse change in any financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Net Value Holdings Inc)
No Suspension, Etc. Trading in the Company’s 's Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to the applicable Closing), and, at any time prior to the Closing Date, trading in securities generally as reported by Bloomberg Financial Markets (“"Bloomberg”") shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by Bloomberg, or on the New York Stock Exchange, nor shall a banking moratorium have been declared either by the United States or New York State authorities, nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity or crisis of such magnitude in its effect on, or any that each cause a material adverse change in any financial market which, in each case, in could reasonably be expected to have a material adverse effect on the judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities to be issued as of the ClosingPreferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrant Purchase (Bioforce Nanosciences Holdings, Inc.)
