Common use of Action Preventing Issuance Clause in Contracts

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the Securities; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the Securities.

Appears in 37 contracts

Samples: Placement Agency Agreement (LIGHTBRIDGE Corp), Placement Agency Agreement (Athersys, Inc / New), Placement Agency Agreement (Biodel Inc)

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Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesShares.

Appears in 16 contracts

Samples: Placement Agency Agreement (Emisphere Technologies Inc), Placement Agency Agreement (BMP Sunstone CORP), Purchase Agreement (Advanced Magnetics Inc)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesSecurities or result in a Material Adverse Effect; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesSecurities or result in Material Adverse Effect.

Appears in 5 contracts

Samples: Placement Agency Agreement (Wireless Ronin Technologies Inc), Placement Agency Agreement (Manitex International, Inc.), Placement Agency Agreement (Wireless Ronin Technologies Inc)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the such Closing Date, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the such Closing Date which would prevent the issuance or sale of the SecuritiesShares.

Appears in 4 contracts

Samples: Agency Agreement (MusclePharm Corp), Agency Agreement (MusclePharm Corp), Placement Agency Agreement (MusclePharm Corp)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesShares or result in a Material Adverse Effect; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesShares or result in Material Adverse Effect.

Appears in 2 contracts

Samples: Wireless Ronin Technologies Inc, Wireless Ronin Technologies Inc

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the such Closing Date, prevent the issuance or sale of the SecuritiesSecurities (or the issuance of securities upon the exercise thereof); and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the such Closing Date which would prevent the issuance or sale of the Securities.

Appears in 2 contracts

Samples: Placement Agency Agreement (VistaGen Therapeutics, Inc.), Placement Agency Agreement (VistaGen Therapeutics, Inc.)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date or the Option Closing Date, as applicable, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order or order of any other nature by any federal federal, state or state foreign court of competent jurisdiction shall have been issued as of the Closing Date or the Option Closing Date, as applicable, which would prevent the issuance or sale of the SecuritiesShares.

Appears in 2 contracts

Samples: Underwriting Agreement (Hq Sustainable Maritime Industries, Inc.), Underwriting Agreement (China Green Agriculture, Inc.)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body of competent jurisdiction which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesUnits; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesUnits.

Appears in 2 contracts

Samples: Underwriting Agreement (Ziopharm Oncology Inc), Placement Agency Agreement (Rockwell Medical Technologies Inc)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, would prevent the issuance or sale of the SecuritiesReceipts; and no injunction, restraining order or order of any other nature by any Canadian, federal or state court of competent jurisdiction shall have been issued as of the Closing Date which that would prevent the issuance or sale of the SecuritiesReceipts.

Appears in 2 contracts

Samples: Agency Agreement (Bank of Montreal /Can/), Placement Agency Agreement (Bank of Montreal /Can/)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body of competent jurisdiction which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesShares.

Appears in 2 contracts

Samples: Agency Agreement (Aradigm Corp), Agency Agreement (Aradigm Corp)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date or the Option Closing Date, as applicable, prevent the issuance or sale of the Securities; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date or the Option Closing Date, as applicable, which would prevent the issuance or sale of the Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Parkervision Inc), Underwriting Agreement (Parkervision Inc)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body of competent jurisdiction which would, as of the Closing Date, prevent the issuance or sale of the Securities; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the Securities.

Appears in 1 contract

Samples: Placement Agency Agreement (Compugen LTD)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date or the Option Closing Date, as applicable, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date or the Option Closing Date, as applicable, which would prevent the issuance or sale of the SecuritiesShares.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Overland Storage Inc)

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Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesUnits; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesUnits.

Appears in 1 contract

Samples: Placement Agency Agreement (Augme Technologies, Inc.)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order or order of any other nature by any United States federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesShares.

Appears in 1 contract

Samples: Placement Agency Agreement (Assembly Biosciences, Inc.)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the Securities; and no injunction, restraining order or order of any other nature by any Israeli or United States federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the Securities.

Appears in 1 contract

Samples: Placement Agency Agreement (CYREN Ltd.)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of each of the Closing DateDates, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of either of the Closing Date Dates which would prevent the issuance or sale of the SecuritiesShares.

Appears in 1 contract

Samples: Underwriting Agreement (Harris & Harris Group Inc /Ny/)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the each Closing Date, prevent the issuance or sale of the Securities; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the each Closing Date which would prevent the issuance or sale of the Securities.

Appears in 1 contract

Samples: Placement Agency Agreement (Rosetta Genomics Ltd.)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesNotes; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesNotes.

Appears in 1 contract

Samples: Placement Agency Agreement (BMP Sunstone CORP)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the Securities; and no injunction, restraining order or order of any other nature by any federal federal, state or state foreign court of competent jurisdiction shall have been issued as of the Closing Date Date, which would prevent the issuance or sale of the Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Hq Sustainable Maritime Industries, Inc.)

Action Preventing Issuance. No action shall have been taken and no statute, rule, regulation regulation, or order shall have been enacted, adopted adopted, or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the SecuritiesShares; and no injunction, restraining order order, or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the SecuritiesShares.

Appears in 1 contract

Samples: Placement Agency Agreement (Youbet Com Inc)

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