Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 102 contracts
Samples: Securities Purchase Agreement (FTC Solar, Inc.), Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (IMAC Holdings, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate Articles of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 36 contracts
Samples: Securities Purchase Agreement (Eastside Distilling, Inc.), Securities Purchase Agreement (Alterola Biotech Inc.), Securities Purchase Agreement (Biotricity Inc.)
Organizational Documents. The Company has furnished to the Buyers Buyer true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 19 contracts
Samples: Securities Purchase Agreement (Aditxt, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on XXXXX true, correct and complete copies of the Company’s Certificate 's Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate Articles of Incorporation”), and the Company’s 's bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Cardio Diagnostics Holdings, Inc.), Securities Purchase Agreement (Nascent Biotech Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on XXXXX true, correct and complete copies of the Company’s Certificate 's Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate Articles of Incorporation”), and the Company’s 's bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Q BioMed Inc.)
Organizational Documents. The Company has furnished or made available to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 7 contracts
Samples: Securities Purchase Agreement (American Rebel Holdings Inc), Securities Purchase Agreement (American Rebel Holdings Inc), Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)
Organizational Documents. The Company has furnished to the Buyers Holder true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 6 contracts
Samples: Exchange Agreement (ShiftPixy, Inc.), Exchange Agreement (Delcath Systems, Inc.), Exchange Agreement (Toughbuilt Industries, Inc)
Organizational Documents. The Company has furnished to the Buyers or filed on XXXXX true, correct and complete copies of the Company’s Certificate 's Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate "Articles of Incorporation”"), and the Company’s 's bylaws, as amended and as in effect on the date hereof (the “"Bylaws”"), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Top Ships Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), ) and the Company’s bylaws, as amended and as in effect on the date hereof hereof. (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 5 contracts
Samples: Amendment and Exchange Agreement, Amendment and Exchange Agreement, Amendment and Exchange Agreement (Helios & Matheson Analytics Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on XXXXX true, correct and complete copies of the Company’s Certificate Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate Articles of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Beneficient), Securities Purchase Agreement (ReTo Eco-Solutions, Inc.), Securities Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.)
Organizational Documents. The Company has furnished to the Buyers Holder true, correct and complete copies of the Company’s Certificate Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate Articles of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 4 contracts
Samples: Exchange Agreement (RYVYL Inc.), Exchange Agreement (RYVYL Inc.), Exchange Agreement (Toughbuilt Industries, Inc)
Organizational Documents. The Company has furnished or has made available to the Buyers to the Holder by filing on the SEC XXXXX system true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 4 contracts
Samples: Exchange Agreement (Assure Holdings Corp.), Exchange Agreement (Assure Holdings Corp.), Exchange Agreement (Akerna Corp.)
Organizational Documents. The Company has furnished to the Buyers or filed on EXXXX true, correct and complete copies of the Company’s Certificate 's Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate Articles of Incorporation”), and the Company’s 's bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Cantabio Pharmaceuticals Inc.)
Organizational Documents. The Company has furnished to the Buyers each Buyer or filed on XXXXX true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Near Intelligence, Inc.), Securities Purchase Agreement (Near Intelligence, Inc.), Securities Purchase Agreement (Near Intelligence, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), ) and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 3 contracts
Samples: Securities Purchase and Exchange Agreement (Mohawk Group Holdings, Inc.), Securities Purchase Agreement (Mohawk Group Holdings, Inc.), Securities Purchase Agreement (Mohawk Group Holdings, Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on EXXXX true, correct and complete copies of the Company’s Certificate 's Articles of Incorporation, as amended and as in effect on the date hereof (the “Certificate Articles of Incorporation”), and the Company’s 's bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (China Xiangtai Food Co., Ltd.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities Common Stock Equivalents and the material rights of the holders thereof in respect thereto.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Ocean Power Technologies, Inc.), Securities Purchase Agreement (Marker Therapeutics, Inc.), Securities Purchase Agreement (Nauticus Robotics, Inc.)
Organizational Documents. The Company has furnished to the Buyers Holder true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities DSA and the material rights of the holders thereof in respect thereto.
Appears in 3 contracts
Samples: Exchange Agreement (Precipio, Inc.), Exchange Agreement, Exchange Agreement
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate certificate of Incorporationincorporation, as amended and as in effect on the date hereof, and the Company’s memorandum and articles of association, as amended and as in effect on the date hereof (the “Certificate Memorandum and Articles of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “BylawsAssociation”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Top KingWin LTD), Securities Purchase Agreement (Top KingWin LTD), Securities Purchase Agreement (BIT ORIGIN LTD)
Organizational Documents. The Company has furnished to the Buyers Subscriber true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 3 contracts
Samples: Subscription Agreement (Qt Imaging Holdings, Inc.), Subscription Agreement (GigCapital5, Inc.), Subscription Agreement (GigCapital5, Inc.)
Organizational Documents. The Company has furnished to the Buyers filed on XXXXX true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.), Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on EXXXX true, correct correct, and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylawsBy-laws, as amended and as in effect on the date hereof (the “BylawsBy-laws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kona Gold Beverage, Inc.), Securities Purchase Agreement (Kona Gold Beverage, Inc.)
Organizational Documents. The Company has furnished to the Buyers filed on EXXXX true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.), Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities Common Share Equivalents and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Class Over Inc. / DE), Securities Purchase Agreement (Battery Future Acquisition Corp.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the SEC Documents set forth the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Annovis Bio, Inc.), Securities Purchase Agreement (Annovis Bio, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylawsby-laws, as amended and as in effect on the date hereof (the “BylawsBy-laws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (My Size, Inc.), Securities Purchase Agreement (My Size, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended amended, and as in effect on the date hereof and each Closing Date (the “Certificate of Incorporation”), ) and the Company’s bylawsAmended and Restated Bylaws, as amended and as each in effect on the date hereof and each Closing Date (collectively, the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Velo3D, Inc.), Securities Purchase Agreement (Velo3D, Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on EXXXX true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kidpik Corp.), Securities Purchase Agreement (Rubicon Technologies, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities Common Stock Equivalents and the material rights of the holders thereof as set forth in respect theretothe SEC Documents are true, correct and complete.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Scilex Holding Co), Securities Purchase Agreement (Oramed Pharmaceuticals Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate certificate of Incorporationincorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto, to the extent not available on XXXXX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nikola Corp), Securities Purchase Agreement (Nikola Corp)
Organizational Documents. The Company has furnished to the Buyers Buyer true, correct and complete copies of the Company’s Certificate of Incorporation, as amended through, and as in effect on on, the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended through, and as in effect on on, the date hereof (the “Bylaws”), and the material terms of all Convertible Securities and the material rights of the holders thereof in respect theretothereto that are not described in the SEC Documents.
Appears in 2 contracts
Samples: Debenture Purchase Agreement (Remark Holdings, Inc.), Debenture Purchase Agreement (Remark Holdings, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the material terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 2 contracts
Samples: Omnibus Amendment (PARETEUM Corp), Securities Purchase Agreement (PARETEUM Corp)
Organizational Documents. The Company has furnished to the Buyers or filed on XXXXX true, correct and complete copies of the Company’s 's Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s 's bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Virgin Orbit Holdings, Inc.)
Organizational Documents. The Company has furnished or made available by virtue of its SEC Documents to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers Holder true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”)hereof, and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”)hereof, and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers Buyers, or publicly filed with the SEC, true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities Common Stock Equivalents and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cero Therapeutics Holdings, Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on XXXXX true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate certificate of Incorporationincorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto, to the extent not available on EDGAR.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof and each Closing Date (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof and each Closing Date (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Workhorse Group Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended amended, and as in effect on the date hereof and each Closing Date (the “Certificate of Incorporation”), and the Company’s bylaws, as amended amended, and as in effect on the date hereof (the “Bylaws”)and each Closing Date, and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers or filed with the SEC true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Taronis Technologies, Inc.)
Organizational Documents. The Company has furnished made available to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tellurian Inc. /De/)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Amended and Restated Certificate of Incorporation, as amended amended, and as in effect on the date hereof and each Closing Date (the “Certificate of Incorporation”), ) and the Company’s bylawsAmended and Restated Bylaws, as amended and each as in effect on the date hereof and each Closing Date (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bionano Genomics, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.; provided that any of such items which is available on the XXXXX system need not be furnished in physical form. (r)
Appears in 1 contract
Organizational Documents. The Company has furnished made available to the Buyers Holder true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Amendment and Exchange Agreement (Innovate Biopharmaceuticals, Inc.)
Organizational Documents. The Company has furnished to the Buyers Buyer true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities (as defined below) and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Delcath Systems, Inc.)
Organizational Documents. The Company has furnished to the Buyers Buyer or filed on XXXXX true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished or made available on XXXXX to the Buyers true, correct and complete copies of the Company’s Third Amended and Restated Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylawsAmended and Restated Bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Scorpius Holdings, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.. (s)
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers Buyer, if so requested, true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)
Organizational Documents. The Company has furnished to the Buyers (including via disclosing in the SEC Documents) true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate Memorandum of IncorporationAssociation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylawsArticles of Association, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Information Technology, Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended amended, and as in effect on the date hereof and each Closing Date (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (9 Meters Biopharma, Inc.)
Organizational Documents. The Company has furnished to the Buyers or filed on EXXXX true, correct and complete copies of the Company’s 's Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s 's bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities convertible securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Treasure Global Inc)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the SEC Documents set forth the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto, to the extent not available on XXXXX .
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers Buyers, or publicly filed with the SEC, true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cero Therapeutics Holdings, Inc.)
Organizational Documents. The Company has furnished to the Buyers Buyer true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the material terms of all Convertible Securities and the material rights of the holders thereof in respect theretothereto are set forth in, or filed as exhibits to, the SEC Documents.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers Holders true, correct and complete copies of the Company’s Certificate of Incorporation, as amended amended, and as in effect on the date hereof and the Closing Date (the “Certificate of Incorporation”), ) and the Company’s bylawsAmended and Restated Bylaws, as amended and as each in effect on the date hereof and the Closing Date (collectively, the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished or made available by virtue of its SEC Documents to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.. (s)
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers Buyer true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), of the Company and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Samples: Securities Exchange Agreement (Workhorse Group Inc.)
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate certificate of Incorporationincorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”)hereof, and the Company’s bylaws, memorandum of association (as amended and as in effect on the date hereof (hereof, the “BylawsMemorandum of Association”) and articles of association (as amended and as in effect on the date hereof, the “Articles of Association”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof of this Agreement (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof of this Agreement (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.
Appears in 1 contract
