Common use of Conditions to the Company’s Obligation to Close Clause in Contracts

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants to each respective Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such Buyer with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Champps Entertainment Inc/ Ma), Securities Purchase Agreement (Dave & Busters Inc)

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Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes Note and the Warrants Warrant to each respective Buyer the Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such Buyer Purchaser with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Sipex Corp)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants Shares to each respective Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such Buyer Purchaser with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Form of Purchase Agreement (New York Mortgage Trust Inc)

Conditions to the Company’s Obligation to Close. The obligation of the Company hereunder to issue and sell the Notes Common Shares and the Warrants to each respective Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing DateClosing, 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 such Buyer each Purchaser with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Sunshine Heart, Inc.)

Conditions to the Company’s Obligation to Close. The obligation of the Company hereunder to issue and sell the Notes Common Shares and the Warrants to each respective Buyer Purchaser at the a Closing is subject to the satisfaction, at or before the Closing Datesuch Closing, 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 Purchaser participating in such Buyer Closing with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Sunshine Heart, Inc.)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes Series A Preferred and the Warrants to each respective Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions with respect to such Buyer, 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 such Buyer with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Manufacturers Services LTD)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants to each respective Buyer Securities at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions with respect to each Purchaser, 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 such Buyer the Purchasers with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (GTC Biotherapeutics Inc)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants Shares to each respective Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such Buyer Purchaser with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Purchase Agreement (Versicor Inc /Ca)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants to each respective Buyer Purchaser at the Closing is subject to the satisfaction, at or before the each respective Closing Date, 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 such Buyer Purchaser with prior written notice thereof, : Transaction Documents. Such Purchaser shall have executed each of the --------------------- Transaction Documents to which it is a party and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:delivered the same to the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genus Inc)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and to the Warrants to each respective Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such the Buyer with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Monogram Biosciences, Inc.)

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Conditions to the Company’s Obligation to Close. (A) The obligation of the Company to issue and sell the Bridge Notes and the Warrants to each respective Buyer the Buyers at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such Buyer the Buyers with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Viropharma Inc)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and Note to the Warrants to each respective Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such Buyer Purchaser with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Sipex Corp)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and to the Warrants to Purchaser at each respective Buyer at the Closing is subject to the satisfaction, at or before the each Closing Date, 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 such Buyer Purchaser with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Sipex Corp)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants to each respective Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, 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 such Buyer with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Sipex Corp)

Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants to each respective Buyer at the Initial Closing or the Option Closing, as the case may be, is subject to the satisfaction, at or before the Closing Date or the Option Closing Date, as the case may be, 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 such Buyer with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Ats Medical Inc)

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