Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent thereto:
Appears in 8 contracts
Samples: Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc), Preferred Stock Purchase Agreement (Theravance Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Motive Inc), Stock Purchase Agreement (Motive Inc), Preferred Stock Purchase Agreement (Motive Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent thereto:
Appears in 5 contracts
Samples: Ordinary Share Purchase Agreement (Theravance Biopharma, Inc.), Common Stock Purchase Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent in writing thereto:
Appears in 5 contracts
Samples: Debt Satisfaction Agreement (Terremark Worldwide Inc), Debt Satisfaction Agreement (Terremark Worldwide Inc), Debt Satisfaction Agreement (Terremark Worldwide Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(csubsections 1.1(b) and (c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:.
Appears in 4 contracts
Samples: Stock Purchase Agreement (RPX Corp), Stock Purchase Agreement (RPX Corp), Stock Purchase Agreement (RPX Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c) Section 2.2 of this Agreement are subject to the fulfillment on or before the Closing Date of each of the following conditions, the waiver of which shall not only be effective against the Investor if it does not consent the Investor consents in writing thereto:
Appears in 4 contracts
Samples: Subscription and Rights Agreement (Geospatial Holdings, Inc.), Subscription and Purchase Agreement (Geospatial Holdings, Inc.), Subscription and Purchase Agreement (Geospatial Holdings, Inc.)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 4 contracts
Samples: Series C Preferred Stock Purchase Agreement (Synacor, Inc.), Preferred Stock Purchase Agreement (Qlik Technologies Inc), Common Stock Purchase Agreement (Clearcommerce Corp)
Conditions of Investor’s Obligations at Closing. The obligations obligation of the ----------------------------------------------- Investor under subsection 1.1(cSection 1.1(b) of this Agreement are is subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent theretounless consented thereto in writing:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on at or before the Closing of each of the following conditions, the waiver any of which shall not may be effective against the Investor if it does not consent theretowaived in writing by such Investor:
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Concur Technologies Inc), Preferred Stock and Warrant Purchase Agreement (Seattle Filmworks Inc), Preferred Stock Purchase Agreement (Concur Technologies Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(cSection 1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of such Investor's purchase of each of the following conditions, the waiver of which shall will not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 3 contracts
Samples: Series J Preferred Stock Purchase Agreement (Emed Technologies Corp), Series J Preferred Stock Purchase Agreement (Emed Technologies Corp), Series J Preferred Stock Purchase Agreement (Emed Technologies Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 3 contracts
Samples: Confidential Treatment Requested (Vitae Pharmaceuticals, Inc), Research Collaboration and License Agreement (Vitae Pharmaceuticals, Inc), Confidential Treatment Requested (Vitae Pharmaceuticals, Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(csubparagraph 1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 3 contracts
Samples: Purchase Agreement (Dendreon Corp), Purchase Agreement (Dendreon Corp), Convertible Preferred Stock Purchase Agreement (Healthstream Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(cSection 1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent thereto:
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp), Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp), Series B Preferred Stock Purchase Agreement (Arrowhead Research Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) Section 1.1 of this Agreement are subject to the fulfillment on or before the Closing Date of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (Ibm Credit Corp), Common Stock and Warrant (Ibm Credit Corp), Common Stock and Warrant Purchase Agreement (Bank One Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Ginsburg Scott K), Common Stock Purchase Agreement (Digital Generation Systems Inc), Common Stock and Warrant (Ginsburg Scott K)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent theretounless otherwise waived by such Investor:
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Trulite Inc), Note and Warrant Purchase Agreement (Trulite Inc)
Conditions of Investor’s Obligations at Closing. The ----------------------------------------------- obligations of the each Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Planetrx Com), Stock Purchase Agreement (Planetrx Com)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c1.1 (c) of this Agreement are subject to the fulfillment on or before the Closing Closing, of each of the following conditions, the waiver of which shall not be effective against the unless Investor if it does not consent consents thereto:
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Balqon Corp.), Stock and Warrant Purchase Agreement (Balqon Corp.)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor Investors under subsection 1.1(cSection 1.1(b) of this Agreement are subject to the fulfillment on or before the each Closing (except as set forth below) of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Regado Biosciences Inc), Series D Preferred Stock Purchase Agreement (Regado Biosciences Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(csubsections 1.1(b) and (c) of this Agreement are subject to the fulfillment on or before the each Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:.
Appears in 2 contracts
Samples: Stock Purchase Agreement (RPX Corp), Stock Purchase Agreement (RPX Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) of this Agreement hereunder are subject to to, and contingent upon, the fulfillment fulfillment, on or before the Closing each Closing, of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 2 contracts
Samples: Subscription Agreement (Better Biodiesel, Inc), Subscription Agreement (Better Biodiesel, Inc)
Conditions of Investor’s Obligations at Closing. The obligations of ----------------------------------------------- the Investor under subsection 1.1(c) 1.1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent theretounless consented to in writing:
Appears in 2 contracts
Samples: Exchange Agreement (Entravision Communications Corp), Note Purchase Agreement (Entravision Communications Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c) 1.1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 2 contracts
Samples: Preferred Share Purchase Agreement (Longtop Financial Technologies LTD), Preferred Share Purchase Agreement (Longtop Financial Technologies LTD)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor Investors under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Medicalogic/Medscape Inc), Preferred Stock and Warrant Purchase Agreement (Soros Fund Management LLC)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against without the consent of Investor if it does not consent thereto:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lilly Eli & Co), Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) Section 1.1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Pyramid Breweries Inc), Asset Purchase Agreement (Pyramid Breweries Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Sirenza Microdevices Inc), Note Purchase Agreement (Temtex Industries Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor Investors under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against unless Investors purchasing a majority of the Investor if it does not Series B Preferred Stock hereunder consent in writing thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations ----------------------------------------------- of the Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Motive Communications Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Globecomm Systems Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) 1.2 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (You on Demand Holdings, Inc.)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection Section 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Samples: Series D Preferred Stock and Warrant Purchase Agreement (Great Basin Scientific, Inc.)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor Investors under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent Investors unless consented in writing thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not without its consent in writing thereto:
Appears in 1 contract
Samples: Securities Purchase Agreement (Whos Your Daddy Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Samples: Stock Purchase Agreement (Stockgroup Information Systems Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent theretothereto in writing:
Appears in 1 contract
Samples: Bridge Securities Purchase Agreement (Murdock Communications Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Additional Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(c) Section 5 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing Date of each of the following conditions, the waiver of which shall not be effective against the Investor if it such investor does not consent in writing thereto:
Appears in 1 contract
Samples: Stock Purchase Agreement (Catalytica Combustion Systems Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor Investors under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against unless Investors purchasing a majority of the Investor if it does not D Preferred hereunder consent in writing thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c1.1 (b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the Investor Investors under subsection 1.1(c1.1 (b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against unless Investors purchasing a majority of the C Preferred hereunder and each Investor if it does not purchasing more than 500,000 Shares consent in writing thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations ----------------------------------------------- of the each Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(cI. I (b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (DSL Net Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Samples: Registration Rights Agreement (Oxis International Inc)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto, except that Sections 4.1, 4.3, 4.6 and 4.9 need not be fulfilled for subsequent sales of the Shares pursuant to Section 1.3 hereof:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations ----------------------------------------------- of the each Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(c) 1.1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Metawave Communications Corp)
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(c) 1.1.3 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(c) Sections 1.2 and 1.3 of this Agreement are subject to the fulfillment on or before the applicable Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Samples: Stock Purchase Agreement (Norpac Technologies, Inc.)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor ----------------------------------------------- Purchaser under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on at or before the Closing of each of the following conditions, the waiver any of which shall not may be effective against the Investor if it does not consent theretowaived in writing by Purchaser:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Sonic Solutions/Ca/)
Conditions of Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1(c1.1(b) of this Agreement agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent theretounless otherwise waived by Investor:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the ------------------------------------------------ Investor under subsection 1.1(c) Section 1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Samples: Stock Subscription Agreement (Soros Fund Management LLC)
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(cSection 1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the each Investor under subsection 1.1(csubsections 1.1(a) and (b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:.
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the ----------------------------------------------- each Investor under subsection 1.1(c1.1(b) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent thereto:
Appears in 1 contract
Conditions of Investor’s Obligations at Closing. The obligations of the each ------------------------------------------------ Investor under subsection 1.1(c) Section 1.1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the any Investor if it who does not consent in writing thereto:
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Information Analysis Inc)
