Common use of Organizational Documents Clause in Contracts

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 118 contracts

Sources: Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (Onconetix, Inc.), Securities Purchase Agreement (Onconetix, 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 39 contracts

Sources: Securities Purchase Agreement (Pelthos Therapeutics Inc.), Securities Purchase Agreement (Channel Therapeutics Corp), Securities Purchase Agreement (Eastside Distilling, 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

Sources: 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 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 15 contracts

Sources: Securities Purchase Agreement (Safe & Green Holdings Corp.), Securities Purchase Agreement (Onfolio Holdings, Inc), Securities Purchase Agreement (SHF Holdings, 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 9 contracts

Sources: Third Amendment and Exchange Agreement (ECD Automotive Design, Inc.), Second Amendment and Exchange Agreement (ECD Automotive Design, Inc.), Amendment and Exchange Agreement (ECD Automotive Design, 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

Sources: 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 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 5 contracts

Sources: Securities Purchase Agreement (BIT ORIGIN LTD), Securities Purchase Agreement (Top KingWin LTD), Securities Purchase Agreement (Top KingWin 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 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

Sources: 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 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 “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Classover Holdings, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Interactive Strength, 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 3 contracts

Sources: Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.)

Organizational Documents. The Company has furnished to the Buyers or filed on ▇▇▇▇▇ 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 3 contracts

Sources: Securities Purchase Agreement (Innventure, Inc.), Securities Purchase Agreement (Innventure, Inc.), Securities Purchase Agreement (Virgin Orbit 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.

Appears in 3 contracts

Sources: 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 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

Sources: Exchange Agreement (Precipio, Inc.), Exchange Agreement, Exchange Agreement

Organizational Documents. The Company has furnished to the Buyers each Buyer or filed on ▇▇▇▇▇ 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

Sources: 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 or filed on E▇▇▇▇ 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 3 contracts

Sources: Securities Purchase Agreement (Nuburu, Inc.), Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Treasure Global Inc)

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

Sources: 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 ▇▇▇▇▇ 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

Sources: 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 amended, and as in effect on the date hereof and the Closing Date (the “Certificate of Incorporation”), and the Company’s bylaws, as amended amended, and as in effect on the date hereof (and each Closing Date, the “Bylaws”)certificates of designation for all outstanding series of the Company’s preferred stock, and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Prairie Operating Co.), Securities Purchase Agreement (Prairie Operating Co.)

Organizational Documents. The Company has furnished to the Buyers or filed on E▇▇▇▇ 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

Sources: 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 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 Common Stock Equivalents and the material rights of the holders thereof in respect thereto.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Apimeds Pharmaceuticals US, Inc.), Securities Purchase Agreement (180 Life Sciences Corp.)

Organizational Documents. The Company has furnished to the Buyers or filed on E▇▇▇▇ 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

Sources: 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 E▇▇▇▇ 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

Sources: 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 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 ▇▇▇▇▇.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Nikola Corp), Securities Purchase Agreement (Nikola 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 terms of all Convertible Securities Common Share Equivalents and the material rights of the holders thereof in respect thereto.

Appears in 2 contracts

Sources: 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 material terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.

Appears in 2 contracts

Sources: Omnibus Amendment (PARETEUM Corp), Securities Purchase Agreement (PARETEUM 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

Sources: 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 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

Sources: 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 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

Sources: 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 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

Sources: Securities Purchase Agreement (Velo3D, Inc.), Securities Purchase Agreement (Velo3D, 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

Sources: Securities Purchase Agreement (Cure Pharmaceutical Holding 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 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

Sources: Securities Exchange Agreement (Workhorse Group 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

Sources: Securities Purchase Agreement (Tellurian Inc. /De/)

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 the Closing Date (the “Certificate of Incorporation”), and the Company’s bylaws, as amended amended, and as in effect on the date hereof (and the “Bylaws”)Closing Date, and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.

Appears in 1 contract

Sources: Securities Purchase and Exchange Agreement (Microvision, 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”)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

Sources: Second Amendment Agreement (Cryptyde, Inc.)

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

Sources: Securities Purchase Agreement (Cero Therapeutics Holdings, Inc.)

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

Sources: Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)

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

Sources: 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 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

Sources: Securities Purchase Agreement (9 Meters Biopharma, 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 1 contract

Sources: Securities Purchase Agreement (Fold 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.rights

Appears in 1 contract

Sources: Securities Purchase Agreement (Global Star Acquisition 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 (the “Bylaws”), as 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

Sources: Securities Purchase Agreement (Picard Medical, 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 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

Sources: Securities Purchase Agreement (Workhorse Group Inc.)

Organizational Documents. The Company has furnished to the Buyers or filed on ▇▇▇▇▇ 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

Sources: Securities Purchase Agreement (Xos, 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 bylawsby-laws, 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

Sources: Exchange Agreement (Classover 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

Sources: Securities Purchase Agreement (Comscore, Inc.)

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

Sources: Securities Purchase Agreement (Taronis Technologies, 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

Sources: Securities Purchase Agreement (Xiao-I Corp)

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 of Incorporation”), and the Company’s bylawsby-laws, 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

Sources: Securities Purchase Agreement (La Rosa Holdings 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

Sources: 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 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

Sources: Securities Purchase Agreement (Grove, 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 (as defined below) and the material rights of the holders thereof in respect thereto.

Appears in 1 contract

Sources: Securities Purchase Agreement (Delcath Systems, Inc.)

Organizational Documents. The Company has furnished to the Buyers trueTrue, 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 bylaws 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

Sources: Exchange Agreement (PAVmed Inc.)

Organizational Documents. The Company has furnished to the Buyers Buyer or filed on ▇▇▇▇▇ 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

Sources: Securities Purchase Agreement (Scilex Holding Co)

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 ▇▇▇▇▇ .

Appears in 1 contract

Sources: Securities Purchase Agreement (AEye, 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 ▇▇▇▇▇ system need not be furnished in physical form. (r)

Appears in 1 contract

Sources: Note Purchase Agreement (Plug Power 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

Sources: Securities Purchase Agreement (Microvision, 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 EDGAR.

Appears in 1 contract

Sources: Securities Purchase Agreement (Nikola Corp)

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

Sources: Securities Purchase Agreement (Cero Therapeutics Holdings, Inc.)

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

Sources: Securities Exchange Agreement (Velo3D, 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

Sources: Securities Purchase Agreement (Fisker Inc./De)

Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of IncorporationIncorporation , as amended and as in effect on the date hereof (the “Certificate of Incorporation”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

Sources: Securities Purchase Agreement (Nexgel, Inc.)

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

Sources: Amendment and Exchange Agreement (Innovate Biopharmaceuticals, Inc.)