Payment for Purchase Shares. For each Regular Purchase, the Buyer shall pay to the Company an amount equal to the Purchase Amount as full payment for such Purchase Shares via wire transfer of immediately available funds on the same Business Day as the Regular Purchase and, as soon as reasonably practicable after receiving payment from the Buyer for the Purchase Shares purchased under such Regular Purchase, the Company shall deliver to the Company’s Transfer Agent a direction to immediately issue to the Buyer the number of Purchase Shares that the Buyer has the obligation to buy pursuant to the Purchase Notice. For each VWAP Purchase, the Buyer shall pay to the Company an amount equal to the VWAP Purchase Amount as full payment for such Purchase Shares via wire transfer of immediately available funds on the second Business Day following the VWAP Purchase Date. All payments made under this Agreement shall be made in lawful money of the United States of America via wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreement. Whenever any amount expressed to be due by the terms of this Agreement is due on any day that is not a Business Day, the same shall instead be due on the next succeeding day that is a Business Day.
Appears in 4 contracts
Samples: Common Share Purchase Agreement (Titan Medical Inc), Common Share Purchase Agreement (Titan Medical Inc), Common Share Purchase Agreement (Aptose Biosciences Inc.)
Payment for Purchase Shares. For each Regular Purchase, the Buyer shall pay to the Company an amount equal to the Purchase Amount as full payment for such Purchase Shares via wire transfer of immediately available funds on the same Business Day as the Regular Purchase and, as soon as reasonably practicable after receiving payment from the Buyer for the Purchase Shares purchased under such Regular Purchase, the Company shall deliver to the Company’s Transfer Agent a direction to immediately issue to the Buyer the number of Purchase Shares that the Buyer has the obligation to buy pursuant to the Purchase Notice. For each VWAP Purchase, the Buyer shall pay to the Company an amount equal to the VWAP Purchase Amount as full payment for such Purchase Shares via wire transfer of immediately available funds on the second third Business Day following the VWAP Purchase Date. All payments made under this Agreement shall be made in lawful money of the United States of America via wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreement. Whenever any amount expressed to be due by the terms of this Agreement is due on any day that is not a Business Day, the same shall instead be due on the next succeeding day that is a Business Day.
Appears in 2 contracts
Samples: Common Shares Purchase Agreement, Common Share Purchase Agreement (Aptose Biosciences Inc.)
Payment for Purchase Shares. For each Regular Purchase, the Buyer shall pay to the Company an amount equal to the Purchase Amount minus any amounts or credits whatsoever due to Buyer, as full payment for such Purchase Shares via wire transfer of immediately available funds on or before the same fourth Business Day as the Regular Purchase and, as soon as reasonably practicable after receiving payment from the Buyer for following delivery of the Purchase Shares purchased under such Regular Purchase, the Company shall deliver to the Company’s Transfer Agent a direction to immediately issue to the Buyer the number of Purchase Shares that the Buyer has the obligation to buy pursuant to the Purchase NoticeBuyer. For each VWAP Additional Purchase, the Buyer shall pay to the Company an amount equal to the VWAP Additional Purchase Amount minus any amounts or credits whatsoever due to Buyer, as full payment for such Additional Purchase Shares via wire transfer of immediately available funds on or before the second fourth Business Day following the VWAP delivery of Additional Purchase DateShares to Buyer. All payments made under this Agreement shall be made in lawful money of the United States of America via wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreement. Whenever any amount expressed to be due by the terms of this Agreement is due on any day that is not a Business Day, the same shall instead be due on the next succeeding day that is a Business Day. Failure to deliver the Purchase Shares or Additional Purchase Shares within three Business Days of the Purchase Date or Additional Purchase Date, the Company will pay Buyer as liquidated damages, and not as a penalty, five percent (5%) of the value of the Common Stock based on the closing bid price of the Common stock for each such day until the Shares are delivered to Buyer.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Immune Pharmaceuticals Inc), Common Stock Purchase Agreement (Immune Pharmaceuticals Inc)
Payment for Purchase Shares. For each Regular Purchase, the Buyer Investor shall pay to the Company an amount equal to the Purchase Amount with respect to such Regular Purchase as full payment for such Purchase Shares via wire transfer of immediately available funds on the same Business Day as that the Regular Purchase and, as soon as reasonably practicable after receiving payment from the Buyer for the Investor receives such Purchase Shares purchased under such Regular if they are received by the Investor before 1:00 p.m., Eastern time, or if received by the Investor after 1:00 p.m., Eastern time, the next Business Day. For each Accelerated Purchase, the Company shall deliver to the Company’s Transfer Agent a direction to immediately issue to the Buyer the number of Purchase Shares that the Buyer has the obligation to buy pursuant to the Purchase Notice. For each VWAP Purchase, the Buyer Investor shall pay to the Company an amount equal to the VWAP Purchase Amount with respect to such Accelerated Purchase as full payment for such Purchase Shares via wire transfer of immediately available funds on the second third Business Day following the VWAP date that the Investor receives such Purchase DateShares. The Company shall not issue any fraction of a share of Common Stock upon any Regular Purchase or Accelerated Purchase. If the issuance would result in the issuance of a fraction of a share of Common Stock, the Company shall round such fraction of a share of Common Stock up or down to the nearest whole share. All payments made under this Agreement shall be made in lawful money of the United States of America via or wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreement. Whenever any amount expressed to be due by the terms of this Agreement is due on any day that is not a Business Day, the same shall instead be due on the next succeeding day that is a Business Day.
Appears in 1 contract
Samples: Purchase Agreement Purchase Agreement (Anthera Pharmaceuticals Inc)