Subsequent Sales of Shares. At any time on or before the 60th day following the closing of the Initial Units, the Company may sell up to the balance of the authorized Securities not sold at the closing of the Initial Units. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 5. Any Securities sold pursuant to this Section 3.3 shall be deemed to be "Securities" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De)
Subsequent Sales of Shares. At any time on or before the 60th 30th day following the closing of the Initial Units, the Company may sell up to the balance of the authorized Securities not sold at the closing of the Initial Units. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 5. Any Securities sold pursuant to this Section 3.3 shall be deemed to be "Securities" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Avigen Inc \De)