Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived by the Company:
Appears in 12 contracts
Samples: Preferred Stock Purchase Agreement, Preferred Stock Purchase Agreement (PogoTec, Inc.), Preferred Stock Purchase Agreement (PogoTec, Inc.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each the Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived by the Company:
Appears in 4 contracts
Samples: Stock Purchase Agreement (OptimizeRx Corp), Common Stock Purchase Agreement (Omniture, Inc.), Common Stock Purchase Agreement (SafeNet Holding Corp)
Conditions to Company’s Obligation to Close. 6.1 The Company’s obligation to sell and issue the Shares at each Closing Securities is subject to the fulfillment on or before such Closing the date hereof of the following conditions, unless waived by the Company:
Appears in 4 contracts
Samples: Stock and Warrant Subscription Agreement (Cardiff Oncology, Inc.), Stock Subscription Agreement (Aridis Pharmaceuticals, Inc.), Stock and Warrant Subscription Agreement (Trovagene, Inc.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each a Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Occam Networks Inc/De), Preferred Stock Purchase Agreement (Occam Networks Inc/De), Preferred Stock Purchase Agreement (Occam Networks Inc/De)
Conditions to Company’s Obligation to Close. The Company’s obligation to issue and sell and issue the Shares at each the Closing is subject to the fulfillment fulfillment, on or before such prior to the Closing Date, of the following conditions, unless any of which may be waived in whole or in part by the Company:
Appears in 3 contracts
Samples: Note Satisfaction and Securities Purchase Agreement (Lightpath Technologies Inc), Common Stock Purchase Agreement (Searchlight Minerals Corp.), Common Stock Purchase Agreement (Searchlight Minerals Corp.)
Conditions to Company’s Obligation to Close. 5.1 The Company’s obligation to sell and issue the Shares at each Closing Securities is subject to the fulfillment on or before such Closing the date hereof of the following conditions, unless waived by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Immix Biopharma, Inc.), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares Securities at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 3 contracts
Samples: Note Purchase Agreement (Clean Energy Fuels Corp.), Note Purchase Agreement (Clean Energy Fuels Corp.), Note Purchase Agreement (Clean Energy Fuels Corp.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each Closing the date of this Agreement is subject to the fulfillment on or before such the Closing Term of the following conditions, unless waived by the Company:
Appears in 2 contracts
Samples: Common Stock Option Agreement (RMG Acquisition Corp. III), Common Stock Option Agreement (RMG Acquisition Corp. III)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares Notes at each Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived by the Company:
Appears in 2 contracts
Samples: Note Purchase Agreement (Laredo Oil, Inc.), Note Purchase Agreement (Laredo Oil, Inc.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each the Closing is subject to the fulfillment on or before such the Closing of the following conditionsconditions set forth below, unless waived by the Company:. The conditions to the Company’s obligations hereunder apply with respect to each Investor separately, and the failure of a condition to be satisfied with respect to any Investor will not affect the Company’s obligations with respect to any other Investor.
Appears in 2 contracts
Samples: Senior Redeemable Preferred Stock Purchase Agreement (Tpi Composites, Inc), Redeemable Preferred Stock Purchase Agreement (Tpi Composites, Inc)
Conditions to Company’s Obligation to Close. The Company’s obligation to issue and sell and issue the Shares and the Warrant at each the Closing is subject to the fulfillment fulfillment, on or before such prior to the Closing Date, of the following conditions, unless any of which may be waived in whole or in part by the Company:
Appears in 2 contracts
Samples: Series a Preferred Stock and Warrant Purchase Agreement (New Design Cabinets, Inc.), Series a Preferred Stock and Warrant Purchase Agreement (Stratos Renewables CORP)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Altria Group, Inc.), Voting Agreement (Cerus Corp)
Conditions to Company’s Obligation to Close. The Company’s 's obligation to sell and issue the Shares Common Stock at each the Closing is is, at the option of the Company, subject to the fulfillment on or before such Closing of the following conditions, unless waived by conditions either before or on the CompanyClosing Date:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Vulcan Ventures Inc), Common Stock Purchase Agreement (Vaxgen Inc)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each a Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived by the Company:
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Zagg INC), Preferred Stock Purchase Agreement (Overstock Com Inc)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived in writing by the Company:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Northumberland Resources, Inc.), Common Stock Purchase Agreement (Tiger Oil & Energy, Inc.)
Conditions to Company’s Obligation to Close. The Company’s 's obligation to sell and issue the Shares to be purchased at each the Closing is subject to the fulfillment to its satisfaction on or before such prior to the Closing Date of each of the following conditions, unless waived by the Company:
Appears in 2 contracts
Samples: Seamed Corp, Seamed Corp
Conditions to Company’s Obligation to Close. The Company’s obligation to issue and sell and issue the Shares Securities at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Alphatec Holdings, Inc.), Securities Purchase Agreement (Alphatec Holdings, Inc.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares Units at each Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived in writing by the Company:
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (TWO RIVERS WATER & FARMING Co), Convertible Preferred Stock Purchase Agreement (TWO RIVERS WATER Co)
Conditions to Company’s Obligation to Close. The Company’s obligation to issue and sell the Notes and issue the Shares Common Stock at each the Closing is subject to the fulfillment fulfillment, on or before such prior to the Closing Date, of the following conditions, unless any of which may be waived in whole or in part by the Company:
Appears in 1 contract
Samples: Secured Note and Common Stock Purchase Agreement (Stratos Renewables CORP)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Notes and the Class C Shares at each the Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Common Stock and Note Purchase Agreement (Luna Innovations Inc)
Conditions to Company’s Obligation to Close. The Company’s 's obligation to sell and issue the Shares and the Warrants at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Third Wave Technologies Inc /Wi)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived in writing by the Company:
Appears in 1 contract
Samples: Stock Purchase Agreement (Anthera Pharmaceuticals Inc)
Conditions to Company’s Obligation to Close. The Company’s obligation to issue and sell the Notes and issue the Shares Warrant at each the Closing is subject to the fulfillment fulfillment, on or before such prior to the Closing Date, of the following conditions, unless any of which may be waived in whole or in part by the Company:
Appears in 1 contract
Samples: Convertible Note and Warrant Purchase Agreement (Stratos Renewables CORP)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares and the Warrants at each Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived by the Company:
Appears in 1 contract
Conditions to Company’s Obligation to Close. The Company’s obligation to sell complete the purchase and issue sale of the Shares and deliver the Shares to the Purchaser at each the Closing is shall be subject to the fulfillment on or before such Closing of the following conditions, unless any one or more of which may be waived by the Company:
Appears in 1 contract
Conditions to Company’s Obligation to Close. The Company’s Company ‘s obligation to sell and issue the Shares at each Closing the date of this Agreement is subject to the fulfillment on or before such the Closing Term of the following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Common Stock Option Agreement (RMG Acquisition Corp. III)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares and the Warrants at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived in writing by the Company:
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (ESS Tech, Inc.)
Conditions to Company’s Obligation to Close. The Company’s obligation to issue and sell and issue the Shares and the Warrants at each the Closing is subject to the fulfillment fulfillment, on or before such prior to the Closing Date, of the following conditions, unless any of which may be waived in whole or in part by the Company:
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Searchlight Minerals Corp.)
Conditions to Company’s Obligation to Close. The Company’s obligation to issue and sell and issue the Shares Notes at each the Closing is subject to the fulfillment fulfillment, on or before such prior to the Closing Date, of the following conditions, unless any of which may be waived in whole or in part by the Company:
Appears in 1 contract
Samples: Secured Convertible Note Purchase Agreement (Searchlight Minerals Corp.)
Conditions to Company’s Obligation to Close. The Company’s 's obligation to sell and issue the Shares at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Third Wave Technologies Inc /Wi)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each Closing is subject to the fulfillment on or before such the Initial Closing of the following conditions, unless waived in writing by the Company:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (InterPrivate III Financial Partners Inc.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares Units at each the Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue its equity interests at the Shares at each Closing is subject to the fulfillment on or before such Closing of the following conditions, conditions unless waived by the Company:
Appears in 1 contract
Conditions to Company’s Obligation to Close. The Company’s 's obligation to sell and issue the Shares and Warrants at each a Closing is subject to the fulfillment on or before such the Closing of the following conditions, unless waived by the Company:
Appears in 1 contract
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares Units at each Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Common Unit Purchase Agreement (Clean Energy Fuels Corp.)
Conditions to Company’s Obligation to Close. The Company’s obligation of the Company to sell and issue purchase the Shares at each Closing is shall be subject to the fulfillment on at or before such prior to the Closing Date of each of the following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Stock Sale and Termination Agreement (Comforce Corp)
Conditions to Company’s Obligation to Close. The Company’s 's obligation to issue and sell and issue the Shares at each Closing is and Warrants to the Investor shall be subject to the fulfillment on or before such Closing of the following conditions, unless any one or more of which may be waived by the Company:
Appears in 1 contract
Conditions to Company’s Obligation to Close. The Company’s obligation to sell and issue the Shares at each Closing is subject to the fulfillment on or before such Closing satisfaction of each of the following conditions, unless waived by the CompanyCompany in such Closing:
Appears in 1 contract
Conditions to Company’s Obligation to Close. The Company’s 's obligation to sell and issue the Shares at each Closing is subject to the fulfillment on or before such Closing of the following conditions, unless waived in writing by the Company:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (KBS International Holdings Inc.)
