Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company for an aggregate (in Draw Down Amounts) of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 17 contracts
Samples: Common Stock Purchase Agreement (Top Ships Inc.), Common Stock Purchase Agreement (Electro Optical Sciences Inc /Ny), Common Stock Purchase Agreement (Jazz Pharmaceuticals Inc)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Tegal Corp /De/), Common Stock Purchase Agreement (Tegal Corp /De/), Common Stock Purchase Agreement (Aksys LTD)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall shall, to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) Amounts of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Micromet, Inc.), Common Stock Purchase Agreement (Metabasis Therapeutics Inc), Common Stock Purchase Agreement (Kosan Biosciences Inc)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Genvec Inc)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall shall, to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) Amounts of up to the Maximum Commitment Amount, consisting of purchases based on the Company making Draw Downs in accordance with Article III hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Favrille Inc), Common Stock Purchase Agreement (Cell Genesys Inc)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall to the extent it elects to make of Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Emisphere Technologies Inc), Common Stock Purchase Agreement (Emisphere Technologies Inc)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall shall, to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/), Common Stock Purchase Agreement (Cell Genesys Inc)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall shall, to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) purchase price of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Nuvelo Inc), Common Stock Purchase Agreement (Tercica Inc)
Purchase and Sale of Stock. Upon the terms and subject to the conditions and limitations set forth in this Agreement, the Company shall to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor Investor, and the Investor shall purchase from the Company, a number of shares of Common Stock from the Company for with an aggregate purchase price (in Draw Down Amounts) of equal to up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Purchase and Sale of Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company shall to the extent it elects to make Draw Downs in accordance with Article III hereof, issue and sell to the Investor and the Investor shall purchase Common Stock from the Company Common Stock for an aggregate (in Draw Down Amounts) Amounts of up to the Maximum Commitment Amount, consisting of purchases based on Draw Downs in accordance with Article III hereof.
Appears in 1 contract
