Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement Date.
Appears in 13 contracts
Samples: Common Stock Purchase Agreement (Alexza Pharmaceuticals Inc.), Common Stock Purchase Agreement (Vical Inc), Common Stock Purchase Agreement (Dendreon Corp)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its their obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement Date.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Nanogen Inc), Common Stock Purchase Agreement (Cv Therapeutics Inc), Common Stock Purchase Agreement (Isis Pharmaceuticals Inc)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver the Shares to the Investor in respect of a previously provided Fixed Request Notice or Optional Amount on the applicable Settlement Date.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Globalstar, Inc.), Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (EnteroMedics Inc)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement Date.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Acusphere Inc), Common Stock Purchase Agreement (Encysive Pharmaceuticals Inc), Common Stock Purchase Agreement (Pharmacyclics Inc)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this AgreementAgreement in connection with a previously provided Put Notice or the settlement thereof, including, without limitation, the obligation of the Company to deliver Put Shares to the Investor in respect of a Fixed Request or Optional Amount previously provided Put Notice on the applicable Settlement Closing Date.
Appears in 3 contracts
Samples: Investment Agreement (Intercloud Systems, Inc.), Investment Agreement (Intercloud Systems, Inc.), Investment Agreement (Terra Tech Corp.)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a previously provided Fixed Request Notice or Optional Amount on the applicable Settlement Date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Synta Pharmaceuticals Corp), Common Stock Purchase Agreement (Durect Corp)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement DateDate (notwithstanding any early termination thereof by the Company and/or the Investor in accordance with the terms of this Agreement).
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Onyx Pharmaceuticals Inc), Common Stock Purchase Agreement (Depomed Inc)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement DateDate (notwithstanding any early termination thereof by the Company and/or the Investor in accordance with the terms of this Agreement).
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Dynavax Technologies Corp), Common Stock Purchase Agreement (Solexa, Inc.)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this AgreementAgreement in connection with a previously provided Fixed Request Notice or the settlement thereof, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a previously provided Fixed Request Notice or Optional Amount on the applicable Settlement Date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Arena Pharmaceuticals Inc), Common Stock Purchase Agreement (Arena Pharmaceuticals Inc)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver the Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement Date.
Appears in 1 contract
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver the Shares to the Investor in respect of a previously provided Fixed Request Notice or Optional Amount on the applicable Settlement Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Trius Therapeutics Inc)
Other Agreements and Other Financings. (ia) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or the terms of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver the Shares to the Investor in respect of a previously provided Fixed Request or Optional Amount Notice on the applicable Settlement Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Brazil Minerals, Inc.)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders shareholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement Date.
Appears in 1 contract
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any its Subsidiary to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (MAP Pharmaceuticals, Inc.)
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its their obligations under this Agreement, including, without limitation, the obligation of the Company to deliver Shares to the Investor in respect of a Fixed Request or Optional Amount on the applicable Settlement Date.
Appears in 1 contract
Other Agreements and Other Financings. (i) The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company or any Subsidiary to perform its obligations under this AgreementAgreement in connection with a previously provided Put Notice or the settlement thereof, including, without limitation, the obligation of the Company to deliver Put Shares to the Investor in respect of a Fixed Request or Optional Amount previously provided Put Notice on the applicable Settlement Closing Date.
Appears in 1 contract
