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

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.)

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Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Rowecom Inc), Securities Purchase Agreement (Blue Rhino Corp)

Conditions to the Company’s Obligation to Sell. (a) First Closing Date. The obligation of the Company hereunder to issue and sell the Initial First Notes and the related Initial Warrants to each Initial Buyer at the Initial First Closing was is subject to the satisfaction, at or before the Initial First Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Xcel Energy Inc), Securities Purchase Agreement (Xcel Energy Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes Notes, the Commitment Shares and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Aclarion, Inc.), Securities Purchase Agreement (Aclarion, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to exchange the Original Notes for the Amended Notes and Common Shares and to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and First Convertible Debenture to the related Initial Warrants to each Initial Buyer Investor at the Initial First Closing was is subject to the satisfaction, at or before the Initial First Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Samples: Securities Purchase Agreement (Galaxy Next Generation, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial First Notes and the related Initial First Warrants to each Initial Buyer at the Initial First Closing was is subject to the satisfaction, at or before the Initial First Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Form of Securities Purchase Agreement (EnteroMedics Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (TruGolf Holdings, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Series A Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (American Superconductor Corp /De/)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Initial Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Ener-Core, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial A-1 Notes and the related Initial A-1 Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Pemstar Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (SouthPeak Interactive CORP)

Conditions to the Company’s Obligation to Sell. (a) Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Initial Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (American Real Estate Partners L P)

Conditions to the Company’s Obligation to Sell. (a) a. The obligation of the Company hereunder to issue and sell the Initial Notes Debentures and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Hollywood Media Corp)

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Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Lakes Entertainment Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes Common Shares and the related Initial Warrants Right to each Initial the Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Transwitch Corp /De)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and Convertible Debentures to the related Initial Warrants to each Initial Buyer Buyer(s) at the Initial First Closing was is subject to the satisfaction, at or before the Initial First Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Samples: Securities Purchase Agreement (Telkonet Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the such Initial Closing was is subject to the satisfaction, at or before the such Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Odyssey Marine Exploration Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes Preferred Shares and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Workhorse Group Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue to the Buyer the Note and sell the Initial Notes and the related Initial Warrants to each Initial Buyer at the Initial Closing was and the Shares and associated Warrants at the Subsequent Closing is subject to the satisfaction, at or before the Initial applicable Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Viggle Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes and First Convertible Debenture to the related Initial Warrants to each Initial Buyer Investor at the Initial First Closing was is subject to the satisfaction, at or before the Initial First Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Samples: Securities Purchase Agreement (Samsara Luggage, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Initial Notes Note and the related Initial Warrants Second Note to each Initial Buyer at on the Initial Closing was Date and the Second Closing Date, respectively, is subject to the satisfaction, at or before the Initial Closing Dateeach such applicable Closing, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and could have been may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 1 contract

Samples: Securities Purchase Agreement (Bit Digital, Inc)

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