Common use of No Suspension, Etc Clause in Contracts

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board, 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.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Echo Therapeutics, Inc.), Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.), Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.)

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No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin BoardNasdaq (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to 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 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 the Purchaser, makes it impracticable or inadvisable to purchase the SecuritiesShares.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc), Common Stock Purchase Agreement (Tivo Inc), Common Stock Purchase Agreement (Geron Corporation)

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 BoardCommission, 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 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 PurchaserPurchasers, makes it impracticable or inadvisable to purchase acquire the SecuritiesShares and Warrant.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Xybernaut Corp), Common Stock and Warrant Purchase Agreement (Xybernaut Corp), Common Stock and Warrant Purchase Agreement (Xybernaut 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 BoardCommission, 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 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 acquire the SecuritiesShares and Warrant.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Xybernaut Corp), Common Stock and Warrant Purchase Agreement (Xybernaut Corp), Common Stock and Warrant Purchase Agreement (Xybernaut 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 BoardCommission, 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 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 SecuritiesCommon Shares.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Objectsoft Corp), Common Stock and Warrants Purchase Agreement (Alteon Inc /De), Common Stock and Warrants Purchase Agreement (Virtual Communities Inc/De/)

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 BoardCommission, 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 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 the United States financial market which, in each case, in the judgment of such PurchaserPurchasers, makes it impracticable or inadvisable to purchase acquire the SecuritiesShares and the Warrants.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (Xybernaut Corp), Common Stock and Warrant Purchase Agreement (Xybernaut Corp)

No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board, OTCBB 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 SecuritiesPreferred Shares.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Point Capital, Inc.)

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin BoardAmerican Stock Exchange, 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 Purchaserthe Investor, makes it impracticable or inadvisable to purchase the Securities.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Implant Sciences Corp)

No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin BoardOTCQB 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 good faith and reasonable judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the SecuritiesPreferred Shares or Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Alliqua, Inc.)

No Suspension, Etc. Trading From the date hereof until the Closing Date, trading in the Company's Common Stock shall not have been suspended by the Commission or the OTC Bulletin BoardSEC, 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 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 SecuritiesCommon Shares.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Objectsoft Corp)

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board, 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Neoprobe 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 BoardSEC, 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 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 SecuritiesUnits.

Appears in 1 contract

Samples: Unit Purchase Agreement (Universal Broadband Networks Inc)

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin BoardCommission, 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 Purchaserthe Agent, makes it impracticable or inadvisable to purchase the SecuritiesNotes.

Appears in 1 contract

Samples: Note Purchase Agreement (Implant Sciences Corp)

No Suspension, Etc. Trading From the date hereof to such Closing Date, trading in the Company's Common Stock shall not have been suspended by the Commission or the OTC Bulletin BoardCommission, 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 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 SecuritiesCommon Shares.

Appears in 1 contract

Samples: Units Purchase Agreement (Cam Data Systems Inc)

No Suspension, Etc. Trading in the Company’s Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board, OTCQB 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 SecuritiesPreferred Shares.

Appears in 1 contract

Samples: Series a Convertible Preferred Stock Purchase Agreement (Options Media Group Holdings, Inc.)

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No Suspension, Etc. Trading in the Company's Common Stock shall not have been suspended by the Commission Commission, the Principal Market or the OTC Bulletin Board, NASD and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on the Principal Market 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 SecuritiesShares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Collagenex Pharmaceuticals 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 BoardCommission, 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 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 the United States financial market which, in each case, in the judgment of such Purchaser, makes it impracticable or inadvisable to purchase acquire the SecuritiesShares and the Warrants.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Xybernaut Corp)

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin BoardNYSE (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to Closing), and, at any time prior to the Closing DateClosing, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on the NYSE 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 the Purchaser, makes it impracticable or inadvisable to purchase the SecuritiesShares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Omi Corp/M I)

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or (except for any suspension of trading of limited duration agreed to by the OTC Bulletin BoardCompany, 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 on any financial market which, in each case, in the reasonable judgment of such the Purchaser, makes it impracticable or inadvisable to purchase the SecuritiesNote and the Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Broadcast International Inc)

No Suspension, Etc. Trading in the Company's Common Stock shall not have been suspended by the Commission Commission, the Principal Market or the OTC Bulletin Board, NASD and, at any time prior to the Closing Dateeach Draw Down Notice, trading in securities generally as reported by Bloomberg Financial Markets (“Bloomberg”) on the Principal Market 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 SecuritiesShares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Collagenex Pharmaceuticals Inc)

No Suspension, Etc. Trading in the Common Stock shall not have been ------------------ suspended by the Commission or the OTC Bulletin BoardNasdaq (except for any suspension of trading of limited duration agreed to by the Company, which suspension shall be terminated prior to 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 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 the Purchaser, makes it impracticable or inadvisable to purchase the SecuritiesShares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Tivo 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, 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 SecuritiesPreferred Shares.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Urigen Pharmaceuticals, Inc.)

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board, 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 PurchaserInvestor, makes it impracticable or inadvisable to purchase the Securities.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Techniscan)

No Suspension, Etc. Trading in the Common Stock shall not have been suspended by the Commission or the OTC Bulletin Board, 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.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Wits Basin Precious Minerals Inc)

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