CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 41 contracts
Samples: And Exchange Agreement, Exchange Agreement (ShiftPixy, Inc.), Amendment and Exchange Agreement (ShiftPixy, Inc.)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor Holder hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor Holder with prior written notice thereof:
Appears in 30 contracts
Samples: Second Amendment Agreement (Cryptyde, Inc.), Exchange Agreement (Vinco Ventures, Inc.), Prepayment and Redemption Agreement (Eightco Holdings Inc.)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 14 contracts
Samples: Amendment and Exchange Agreement (DigitalFX International Inc), Exchange and Purchase Agreement (Inksure Technologies Inc.), Amendment and Exchange Agreement (Earth Biofuels Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor Holder hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor Holder with prior written notice thereof:
Appears in 12 contracts
Samples: Exchange Agreement (Nanoviricides, Inc.), Form of Exchange Agreement (Ener-Core Inc.), Settlement Agreement and Mutual Release (xG TECHNOLOGY, INC.)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 8 contracts
Samples: And Exchange Agreement (Viewpoint Corp/Ny/), Amendment and Exchange Agreement (Valence Technology Inc), Amendment and Exchange Agreement (Midway Games Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditionsconditions (except to the extent such condition is expressly conditional to a specific closing, in which case such condition shall only apply to such specific closing), provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 7 contracts
Samples: Exchange Agreement (Guided Therapeutics Inc), Exchange Agreement (Eventure Interactive, Inc.), Exchange Agreement (DelMar Pharmaceuticals, Inc.)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the each Investor with prior written notice thereof:
Appears in 5 contracts
Samples: Exchange Agreement (Tri Valley Corp), Exchange Agreement (Tri Valley Corp), Exchange Agreement (Tri Valley Corp)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor Buyer hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor Buyer with prior written notice thereof:
Appears in 3 contracts
Samples: Conversion Agreement (Willbros Group Inc), Conversion Agreement (Willbros Group Inc), Conversion Agreement (Willbros Group Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to consummate the Investor Exchange hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 3 contracts
Samples: And Exchange Agreement, Amendment and Exchange Agreement (Interpace Diagnostics Group, Inc.), Exchange Agreement (Interpace Diagnostics Group, Inc.)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company and each Guarantor to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 2 contracts
Samples: Form of Amendment and Exchange Agreement (WorldSpace, Inc), Redemption and Exchange Agreement (WorldSpace, Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the 'Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 2 contracts
Samples: Settlement Agreement (Telkonet Inc), Settlement Agreement (Telkonet Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 2 contracts
Samples: Form of Amendment Agreement (Amyris, Inc.), Conversion and Amendment Agreement (Supergen Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the each Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the such Investor with prior written notice thereof:
Appears in 2 contracts
Samples: Amendment and Exchange Agreement (Ascendia Brands, Inc.), Amendment Agreement (Ascendia Brands, Inc.)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor Investors hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each of the Investor Investors with prior written notice thereof:
Appears in 1 contract
Samples: Exchange Agreement (Tri Valley Corp)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor each Holder hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor such Holder with prior written notice thereof:
Appears in 1 contract
Samples: Exchange Agreement (Telik Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the each Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the each Investor with prior written notice thereof:
Appears in 1 contract
Samples: Amendment and Exchange Agreement (Qiao Xing Universal Telephone Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor Buyer hereunder are subject to the satisfaction satisfaction, at or before the Closing Date, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereofdiscretion:
Appears in 1 contract
Samples: Settlement Agreement (Abakan, Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor Buyer hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor Buyer with prior written notice thereof:
Appears in 1 contract
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the each Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the such Investor with prior written notice thereof:
Appears in 1 contract
Samples: Amendment and Exchange Agreement (Prentice Capital Management, LP)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the SRZ-10741339.9 6 Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 1 contract
Samples: Amendment and Exchange Agreement (China VoIP & Digital Telecom Inc.)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to each of the Investor Investors hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor Investors with prior written notice thereof:
Appears in 1 contract
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor each Buyer hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Agreement (Hemispherx Biopharma Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Selling Investor and the New Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Selling Investor and the New Investor with prior written notice thereof:
Appears in 1 contract
Samples: Note Purchase Agreement Agreement (DigitalFX International Inc)
CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction or waiver of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof:
Appears in 1 contract
