Common use of Use of Proceeds Clause in Contracts

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 223 contracts

Samples: Securities Purchase Agreement (Quantum Computing Inc.), Securities Purchase Agreement (Quantum Computing Inc.), Securities Purchase Agreement (U.S. Gold Corp.)

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Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables Indebtedness as defined in the ordinary course of the Company’s business and prior practices)Note, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations, or (d) to lend money, give credit, or make advances to any officers, directors, employees or affiliates of the Company.

Appears in 38 contracts

Samples: Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 38 contracts

Samples: Securities Purchase Agreement (Electronic Clearing House Inc), Securities Purchase Agreement (Novatel Wireless Inc), Convertible Preferred Stock Purchase Agreement (E Digital Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 25 contracts

Samples: Securities Purchase Agreement (Orgenesis Inc.), Securities Purchase Agreement (Emerald Bioscience, Inc.), Securities Purchase Agreement (Alliance MMA, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (cb) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 25 contracts

Samples: Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (Parkervision Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 24 contracts

Samples: Securities Purchase Agreement (Algorhythm Holdings, Inc.), Securities Purchase Agreement (Apyx Medical Corp), Securities Purchase Agreement (XWELL, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 24 contracts

Samples: Securities Purchase Agreement (Inuvo, Inc.), Securities Purchase Agreement (INVO Bioscience, Inc.), Securities Purchase Agreement (Orbital Energy Group, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 18 contracts

Samples: Common Stock Purchase Agreement (Odyssey Group International, Inc.), Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (Parkervision Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Inmune Bio, Inc.), Securities Purchase Agreement (Cibus, Inc.), Securities Purchase Agreement (Matinas BioPharma Holdings, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceedsproceed: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 14 contracts

Samples: Securities Purchase Agreement (DarioHealth Corp.), Securities Purchase Agreement (DarioHealth Corp.), Securities Purchase Agreement (DarioHealth Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 11 contracts

Samples: Securities Purchase Agreement (U-Bx Technology Ltd.), Securities Purchase Agreement (Virax Biolabs Group LTD), Securities Purchase Agreement (SunCar Technology Group Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulations, or (c) to lend money, give credit, or make advances to any officers, directors, employees or affiliates of the Company.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Thoughtful Media Group Inc.), Securities Purchase Agreement (Thoughtful Media Group Inc.), Securities Purchase Agreement (Thoughtful Media Group Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working general corporate purposes including, but not limited to, growth initiatives and capital purposes expenditures, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 11 contracts

Samples: Unit Purchase Agreement (Guerrilla RF, Inc.), Unit Purchase Agreement (Relmada Therapeutics, Inc.), Share Purchase Agreement (Relmada Therapeutics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Flewber Global Inc.), Securities Purchase Agreement (Flewber Global Inc.), Securities Purchase Agreement (Flewber Global Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Eterna Therapeutics Inc.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (Moleculin Biotech, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth in the Pricing Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Incannex Healthcare Inc.), Securities Purchase Agreement (GRI BIO, Inc.), Securities Purchase Agreement (GRI BIO, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Poet Technologies Inc.), Securities Purchase Agreement (Tiziana Life Sciences LTD), Securities Purchase Agreement (XORTX Therapeutics Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Luokung Technology Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Evaxion Biotech a/S), Securities Purchase Agreement (Lizhi Inc.), Securities Purchase Agreement (Can-Fite BioPharma Ltd.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; or (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Microbot Medical Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC the Office of Foreign Assets Control of the U.S. Department of the Treasury regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for repayment of indebtedness and/or working capital purposes purposes, and shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (cb) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 6 contracts

Samples: Securities Purchase Agreement (NewCardio, Inc.), Securities Purchase Agreement (NewCardio, Inc.), Securities Purchase Agreement (Generex Biotechnology Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: the proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 6 contracts

Samples: Unit Purchase Agreement (Hoth Therapeutics, Inc.), Unit Purchase Agreement (Medovex Corp.), Unit Purchase Agreement (Medovex Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth in the Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (FibroBiologics, Inc.), Securities Purchase Agreement (FibroBiologics, Inc.), Securities Purchase Agreement (Nanosphere Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for general corporate purposes, which may include repayment of principal on the Company’s indebtedness, capital expenditures, and funding its working capital purposes and needs, but shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (China Valves Technology, Inc), Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (Fibrocell Science, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Vision Marine Technologies Inc.), Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (U.S. Gold Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Units hereunder for working capital purposes and lawful business purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Tian Ruixiang Holdings LTD), Securities Purchase Agreement (Tian Ruixiang Holdings LTD), Securities Purchase Agreement (Ebang International Holdings Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation litigation, or (dc) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Siyata Mobile Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase Agreement (Fresh Healthy Vending International, Inc.), Securities Purchase Agreement (Dataram Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices)debt, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (BAIYU Holdings, Inc.), Securities Purchase Agreement (China HGS Real Estate Inc.), Securities Purchase Agreement (BAIYU Holdings, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Presto Automation Inc.), Securities Purchase Agreement (Presto Automation Inc.), Securities Purchase Agreement (Presto Automation Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulations, or (c) to lend money, give credit, or make advances to any officers, directors, employees or affiliates of the Company including family members of the foregoing, except for routine travel advances.

Appears in 5 contracts

Samples: Securities Purchase Agreement (cbdMD, Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and lawful business purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Ebang International Holdings Inc.), Securities Purchase Agreement (Ebang International Holdings Inc.), Securities Purchase Agreement (Aptorum Group LTD)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulationsregulations of the Office of Foreign Assets Control of the U.S. Treasury Department.

Appears in 5 contracts

Samples: Stock Purchase Agreement (MiNK Therapeutics, Inc.), Stock Purchase Agreement (Agenus Inc), Stock Purchase Agreement (Incyte Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of the FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Axxess Pharma Inc.), Securities Purchase Agreement (Axxess Pharma Inc.), Securities Purchase Agreement (Rightscorp, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for general corporate and working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Rigetti Computing, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.)

Use of Proceeds. The Except as set forth in the Pricing Prospectus and Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Ra Medical Systems, Inc.), Securities Purchase Agreement (Ra Medical Systems, Inc.), Securities Purchase Agreement (Ra Medical Systems, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth in the Pricing Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Avinger Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices)debt, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Precipio, Inc.), Securities Purchase Agreement (Precipio, Inc.), Securities Purchase Agreement

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder pursuant to the Transaction Documents for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Placement Agency Agreement (MultiSensor AI Holdings, Inc.), Placement Agency Agreement (Aytu Bioscience, Inc), Co Placement Agency Agreement (Soliton, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than as set forth on Schedule 4.7 and other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Motus GI Holdings, Inc.), Securities Purchase Agreement (Qualigen Therapeutics, Inc.), Securities Purchase Agreement (Qualigen Therapeutics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as described in the Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.), Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.), Securities Purchase Agreement (Soligenix, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicespractices or as disclosed in the Registration Statement), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables payables, accrued expenses and amounts due to employees or contractors in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (authID Inc.), Securities Purchase Agreement (authID Inc.), Exchange Agreement (authID Inc.)

Use of Proceeds. The Company shall currently intends to use the net proceeds from the sale of the Securities Shares hereunder for general corporate and working capital purposes and purposes. The Company shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Share Purchase Agreement (Sintx Technologies, Inc.), Share Purchase Agreement (Sintx Technologies, Inc.), Share Purchase Agreement (Sintx Technologies, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working general corporate purposes including, but not limited to, growth initiatives and capital purposes expenditures, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), or (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Unit Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares and Warrants hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than (i) debt outstanding as of the date hereof, as disclosed in the SEC Reports, and (ii) payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Biofrontera Inc.), Securities Purchase Agreement (Cellectar Biosciences, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as described in the Registration Statement and the Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Cingulate Inc.), Securities Purchase Agreement (Cingulate Inc.), Securities Purchase Agreement (Cingulate Inc.)

Use of Proceeds. The Company shall will use the net proceeds to the Company from the sale of the Securities Shares hereunder for working capital purposes and as set forth on Schedule 4.6. The Company shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the law, including FCPA or OFAC regulationsOFAC.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Ecoark Holdings, Inc.), Securities Purchase Agreement (Dataram Corp), Securities Purchase Agreement (Dataram Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (InMed Pharmaceuticals Inc.), Securities Purchase Agreement (InMed Pharmaceuticals Inc.), Securities Purchase Agreement (InMed Pharmaceuticals Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as provided in the Registration Statement and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Clearside Biomedical, Inc.), Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Salarius Pharmaceuticals, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Subordinated Secured Convertible Bridge Note and Warrant Purchase Agreement, Subordinated Secured Convertible Bridge Note and Warrant Purchase Agreement (Dataram Corp), Subordinated Secured Convertible Bridge Note and Warrant Purchase Agreement (Dataram Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (AtheroNova Inc.), Securities Purchase Agreement (AtheroNova Inc.), Securities Purchase Agreement (GTC Biotherapeutics Inc)

Use of Proceeds. The Except as set forth in the SEC Reports, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.), Securities Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.), Securities Purchase Agreement (Cadrenal Therapeutics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares and Warrants hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Anthera Pharmaceuticals Inc), Securities Purchase Agreement (Raptor Pharmaceutical Corp), Securities Purchase Agreement (Raptor Pharmaceutical Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and the Company shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicesbusiness), (b) for the redemption of any Common Stock Stock, preferred stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Alliqua, Inc.), Securities Purchase Agreement (China Health Resource, Inc.), Securities Purchase Agreement (Alliqua, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and other general corporate purposes and but shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation Equivalents or (db) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Bakkt Holdings, Inc.), Securities Purchase Agreement (Bakkt Holdings, Inc.), Securities Purchase Agreement (Intercontinental Exchange, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as provided in the Registration Statement and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Addex Therapeutics Ltd.), Securities Purchase Agreement (Addex Therapeutics Ltd.), Securities Purchase Agreement (Addex Therapeutics Ltd.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Notes and the Securities hereunder for working capital purposes purposes, and shall not use such proceeds: be used for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (cb) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement (Marina Biotech, Inc.), Note and Warrant Purchase Agreement (MDRNA, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than the payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Arch Therapeutics, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.)

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Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general corporate purposes, and shall not use such proceeds: (a) for the satisfaction of any other portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Theralink Technologies, Inc.), Securities Purchase Agreement (Theralink Technologies, Inc.), Securities Purchase Agreement (Theralink Technologies, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Units hereunder for working capital purposes and the Company shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock Stock, preferred stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Aspen Group, Inc.), Securities Purchase Agreement (Aspen Group, Inc.), Securities Purchase Agreement (Aspen Group, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Englobal Corp), Securities Purchase Agreement (Englobal Corp), Securities Purchase Agreement (Verb Technology Company, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and other liabilities arising in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ImmunityBio, Inc.), Securities Purchase Agreement (ImmunityBio, Inc.), Securities Purchase Agreement (ImmunityBio, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and for the expenses of this offering and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (CLS Holdings USA, Inc.), Securities Purchase Agreement (CLS Holdings USA, Inc.), Securities Purchase Agreement (Epic Stores Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and for strategic investments and acquisitions and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes or in connection with potential future acquisitions and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cogint, Inc.), Securities Purchase Agreement (IDI, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicesbusiness), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations or similar applicable regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lichen China LTD), Securities Purchase Agreement (Wearable Devices Ltd.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general corporate purposes. The Company shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Share or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (IIOT-OXYS, Inc.), Securities Purchase Agreement (IIOT-OXYS, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for commercialization activities for working capital purposes and shall not use such proceedsproceeds for: (a)) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (cb) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (My Size, Inc.), Securities Purchase Agreement (My Size, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and purposes. The net proceeds shall not use such proceedsbe used for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ) or (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Stemtech Corp), Securities Purchase Agreement (Immune Pharmaceuticals Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Leo Motors, Inc.), Securities Purchase Agreement (Nutrastar International Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Warrants hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Therapix Biosciences Ltd.), Securities Purchase Agreement (Therapix Biosciences Ltd.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bionano Genomics, Inc.), Securities Purchase Agreement (Bionano Genomics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) or for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business as identified on Schedule 4.11 hereto, and prior practices), (b) for the redemption of not to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (U S Restaurant Properties Inc), Securities Purchase Agreement (U S Restaurant Properties Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceed: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (LabStyle Innovations Corp.), Securities Purchase Agreement (LabStyle Innovations Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Units hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock securities of the Company, or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase Agreement (Mri Interventions, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulationsregulations of the Office of Foreign Assets Control of the U.S. Treasury Department.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Syros Pharmaceuticals, Inc.), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for general corporate purposes, which may include working capital, general and administrative expenses, capital purposes expenditures and implementation of its strategic priorities and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Dragonwave Inc), Securities Purchase Agreement (Dragonwave Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) to pay any dividends on any of the Company’s capital stock, (d) for the settlement of any outstanding litigation or (de) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nephros Inc), Stock Purchase Agreement (Nephros Inc)

Use of Proceeds. The Company shall not use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsSecurities: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and or repayment of obligations outstanding as of the date of this Agreement consistent with prior practices), (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations or similar applicable regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Aprea Therapeutics, Inc.), Securities Purchase Agreement (Kiora Pharmaceuticals Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicespractices including any required monthly cash payment pursuant to the Yorkville Agreement), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Celularity Inc), Securities Purchase Agreement (Celularity Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for general working capital purposes purposes, and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (MGT Capital Investments Inc), Securities Purchase Agreement (MGT Capital Investments Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicesoutstanding payables), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Biomoda Inc/Nm), Securities Purchase Agreement (VirnetX Holding Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (ai) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables payables, and accrued expenses in the ordinary course of the Company’s business and prior practices), (bii) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalentsequity-equivalent securities, or (ciii) for the settlement of to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (International Isotopes Inc), Securities Purchase Agreement (International Isotopes Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables Indebtedness as in the ordinary course of the Company’s business and prior practices)Transaction Documents, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations, or (d) to lend money, give credit, or make advances to any officers, directors, employees or affiliates of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Integrated Media Technology LTD), Securities Purchase Agreement (Integrated Media Technology LTD)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder solely for the transactions contemplated by the Merger Agreement, working capital purposes purposes, or strategic transactions approved by a majority of disinterested directors of the Company, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Alphatec Holdings, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general corporate purposes as well for the satisfaction of any portion of the Company’s debt, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, ; (cb) for the settlement of any outstanding litigation litigation; or (dc) in violation of FCPA or OFAC regulations or similar applicable regulations.

Appears in 2 contracts

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

Use of Proceeds. The Except as set forth in the Registration Statement or the Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital or general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Transwitch Corp /De), Securities Purchase Agreement (Transwitch Corp /De)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) except as set forth in the Prospectus, for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicespayables), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (iSpecimen Inc.), Securities Purchase Agreement (iSpecimen Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares, or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (NaaS Technology Inc.), Securities Purchase Agreement (NaaS Technology Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than scheduled payments of debt outstanding on the date of this Agreement and payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (American Battery Metals Corp), Securities Purchase Agreement (KULR Technology Group, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Units hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment which, for the avoidance of any doubt, does not include trade payables in the ordinary course of the Company’s business and prior practicesother accrued expenses, which may be paid using such proceeds), (b) for the redemption of any Common Stock securities of the Company or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase Agreement (Mri Interventions, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Qt Imaging Holdings, Inc.), Securities Purchase Agreement (EBET, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, ; (c) for the settlement of any outstanding litigation litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (GRI BIO, Inc.), Securities Purchase Agreement (GRI BIO, Inc.)

Use of Proceeds. The Except as set forth in the Registration Statement, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Heart Test Laboratories, Inc.), Securities Purchase Agreement (Heart Test Laboratories, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents (as defined in the Warrant) or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Boston Therapeutics, Inc.), Unit Purchase Agreement (Boston Therapeutics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Unicycive Therapeutics, Inc.), Securities Purchase Agreement (Unicycive Therapeutics, Inc.)

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