Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 81 contracts
Samples: Securities Purchase Agreement (Veri-Tek International, Corp.), Securities Purchase Agreement (Ecotality, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company’s obligation of the Company to sell Securities and issue the Shares and Warrants at the Closing to the Purchasers is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 25 contracts
Samples: Securities Purchase Agreement (American Standard Energy Corp.), Securities Purchase Agreement (Progenity, Inc.), Securities Purchase Agreement (Aveo Pharmaceuticals Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company’s obligation of the Company to sell and issue the Securities at the Closing is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 12 contracts
Samples: Securities Purchase Agreement (Titan Pharmaceuticals Inc), Securities Purchase Agreement (Clearant Inc), Securities Purchase Agreement (Ecb Bancorp Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities the Units at the Closing is subject to the satisfaction satisfaction, or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 11 contracts
Samples: Securities Purchase Agreement (InsPro Technologies Corp), Securities Purchase Agreement (Health Benefits Direct Corp), Securities Purchase Agreement (Health Benefits Direct Corp)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the any Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 10 contracts
Samples: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Axion Power International, Inc.), Securities Purchase Agreement (Thermoenergy Corp)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company's obligation of the Company to sell and issue the Securities at the Closing is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 10 contracts
Samples: Securities Purchase Agreement (Ziopharm Oncology Inc), Securities Purchase Agreement (HydroGen CORP), Securities Purchase Agreement (Telkonet Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company’s obligation of the Company to sell and issue the Securities at the Closing to the Purchasers is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 7 contracts
Samples: Securities Purchase Agreement (pSivida Corp.), Securities Purchase Agreement (Ribbon Communications Inc.), Securities Purchase Agreement (Heron Therapeutics, Inc. /De/)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company's obligation of the Company to sell Securities and issue the Shares and Warrants at the Closing to the Purchasers is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 6 contracts
Samples: Securities Purchase Agreement (TearLab Corp), Securities Purchase Agreement (Derma Sciences, Inc.), Securities Purchase Agreement (Tengion Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities the Company Shares at the Closing is subject to the satisfaction satisfaction, or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 4 contracts
Samples: Securities Purchase Agreement (New Atlantic Venture Fund Iii L P), Securities Purchase Agreement (New Atlantic Venture Fund Iii L P), Securities Purchase Agreement (HealthWarehouse.com, Inc.)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities the Shares and the Warrants at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the such Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Uroplasty Inc), Securities Purchase Agreement (Uroplasty Inc), Securities Purchase Agreement (Flexible Solutions International Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the each Closing is subject to the satisfaction or waiver by the Company, at or before each Closing (except Section 5.2(f), which only applies to the Second Closing), of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Granite City Food & Brewery LTD), Registration Rights Agreement (Granite City Food & Brewery LTD), Registration Rights Agreement (Granite Partners, L.L.C.)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities to each Purchaser at the Closing is subject to the satisfaction or waiver by the Company, at or before the ClosingClosing Date, of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (Global Water Resources, Inc.), Securities Purchase Agreement (Accelerate Diagnostics, Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities Shares and Warrants at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (New Paradigm Productions Inc), Securities Purchase Agreement (New Paradigm Productions Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities to each Purchaser at the Closing for each Tranche is subject to the satisfaction or waiver by the Company, at or before the such Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (Accelerate Diagnostics, Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities the Shares at the Closing is subject to the satisfaction satisfaction, or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (InsPro Technologies Corp), Securities Purchase Agreement (InsPro Technologies Corp)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities the Units at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Subscription Agreement (Dragon Acquisition CORP), Securities Purchase Agreement (KL Energy Corp)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the applicable Closing is subject to the satisfaction or waiver by the Company, at or before the applicable Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (China Natural Gas, Inc.)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities to the Investor at the Closing is subject to the satisfaction or waiver by the Company, at or before the ClosingClosing Date, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Accelerate Diagnostics, Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company's obligation of the Company to sell Securities and issue the Shares at the Closing to the Purchasers is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (Unicycive Therapeutics, Inc.)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the each Closing is subject to the satisfaction or waiver by the Company, at or before each Closing (except Section 5.2(g), which only applies to the Second Closing), of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Silverstar Holdings LTD)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company’s obligation of the Company to sell and issue the Securities at the Closing to the Purchaser is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (Daystar Technologies Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the a Closing is subject to the satisfaction or waiver by the Company, at or before the such Closing, of each of the following conditions:
Appears in 1 contract
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell and issue Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Shuaiyi International New Resources Development Inc.)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company’s obligation of the Company to sell Securities and issue the Preferreds and Warrants at the Closing, and First Closing Warrants at the Initial Closing, to the Purchasers is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (Z Trim Holdings, Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company’s obligation of the Company to sell and issue the Securities to each Purchaser at the Closing is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (ChinaCache International Holdings Ltd.)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company’s obligation of the Company to sell Securities and issue the Shares, the Prefunded Warrants (if applicable) and Common Stock Warrants at the Closing to the Purchasers is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (Alpine Immune Sciences, Inc.)
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities to an Investor at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditionsconditions as to an Investor:
Appears in 1 contract
Samples: Securities Purchase Agreement (Genius Products Inc)
Conditions Precedent to the Obligations of the Company to sell Securities. The Company's obligation of the Company to sell and issue the Securities (and contingent rights to the Adjustment Securities) at the Closing is subject to the fulfillment to the satisfaction of the Company on or waiver by prior to the Company, at or before the Closing, of each Closing Date of the following conditions, any of which may be waived by the Company:
Appears in 1 contract
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities the Shares at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Conditions Precedent to the Obligations of the Company to sell Securities. The obligation of the Company to sell Securities at the a Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Jmar Technologies Inc)
