Common use of CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL Clause in Contracts

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 13 contracts

Sources: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares to the Buyer 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 sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer Buyers with prior written notice thereof:

Appears in 8 contracts

Sources: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the New Common Shares to the 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 (to the extent permitted by applicable Law) may be waived by the Company Company, in whole or in part, at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 8 contracts

Sources: Share Purchase Agreement (Semiconductor Manufacturing International Corp), Share Purchase Agreement (Semiconductor Manufacturing International Corp), Share Purchase Agreement (China Investment Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Common Shares to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 7 contracts

Sources: Accrued Interest Payment Agreement (Across America Real Estate Corp), Securities Exchange Agreement (BOCO Investments LLC), Securities Exchange Agreement (Across America Real Estate Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell consummate the Shares to the Buyer transactions contemplated herein at the Closing is subject to the satisfaction, at satisfaction on or before the date of the Closing Date, of each of the following conditions; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) , all or any of which may be waived in writing by the Company at any time in as to its sole discretion by providing obligation to consummate the Buyer with prior written notice thereoftransaction so contemplated:

Appears in 7 contracts

Sources: Securities Purchase Agreement (Jaguar Health, Inc.), Securities Purchase Agreement (Jaguar Health, Inc.), Securities Purchase Agreement (Jaguar Health, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note and the Warrant to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer Purchaser with prior written notice thereof:

Appears in 6 contracts

Sources: Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Digital Angel Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyer Purchaser at the Closing is subject to the satisfactionsatisfaction or waiver by the Company, at on or before the Closing Date, of each of the following conditions; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 6 contracts

Sources: Share Subscription Agreement (NaaS Technology Inc.), Share Subscription Agreement (NaaS Technology Inc.), Share Subscription Agreement (NaaS Technology Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyer any Purchaser at the Closing is subject to the satisfactionsatisfaction or waiver by the Company, at on or before the Closing Date, of each of the following conditions; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 6 contracts

Sources: Securities Purchase Agreement (Newlinks Technology LTD), Securities Purchase Agreement (NaaS Technology Inc.), Securities Purchase Agreement (NaaS Technology Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes and Warrants to the a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 6 contracts

Sources: Securities Purchase Agreement (Midnight Holdings Group Inc), Securities Purchase Agreement (Midnight Holdings Group Inc), Securities Purchase Agreement (Midnight Holdings Group Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Debenture and the Warrant to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 3 contracts

Sources: Securities Purchase Agreement (Global Telephone Communication Inc /Nv/), Securities Purchase Agreement (U S Trucking Inc), Securities Purchase Agreement (Ebiz Enterprises Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Units to the Buyer at the Closing each Purchaser hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Sources: Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Nestor Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 2 contracts

Sources: Securities Purchase Agreement (Dvi Inc), Securities Purchase Agreement (Dvi Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Stock to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Sources: Stock Purchase Agreement (Friedman Stephen Executor of the Will Of), Stock Purchase Agreement (Kings Road Entertainment Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Purchased Securities to the Buyer a Purchaser at the Closing is subject to the satisfaction, at or before as of the Closing Datedate of such Closing, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Sources: Securities Purchase Agreement (Wynnchurch Capital Partners Lp), Securities Purchase Agreement (Alternative Resources Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes and Warrants to the a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Sources: Securities Purchase Agreement (Midnight Holdings Group Inc), Securities Purchase Agreement (Midnight Holdings Group Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Convertible Debentures and the Warrants to the Buyer Buyer(s) at the Closing Closings 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: (a) Each Buyer shall have executed the Buyer with prior written notice thereof:Transaction Documents and delivered them to the Company.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Xinhua China LTD), Securities Purchase Agreement (Xinhua China LTD)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyer Subscriber at the Closing is subject to the satisfactionsatisfaction or waiver by the Company, at on or before the Closing Date, of each of the following conditions; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 2 contracts

Sources: Share Subscription Agreement (Lianhe Sowell International Group LTD), Share Subscription Agreement (Lianhe Sowell International Group LTD)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note and the Warrant to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 2 contracts

Sources: Securities Purchase Agreement (Altair International Inc), Securities Purchase Agreement (Altair International Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Common Shares to the Buyer Investor 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Sources: Stock Purchase Agreement (Probex Corp), Stock Purchase Agreement (Probex Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes to the Buyer at the Closing each Purchaser hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Sources: Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: a. The Buyer shall have executed this Agreement and the Buyer with prior written notice thereof:Registration Rights Agreement, and delivered the same to the Company.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Yoshiharu Global Co.), Securities Purchase Agreement (Yoshiharu Global Co.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Issued Shares to the Buyer Purchaser at the Closing is subject to the satisfactionsatisfaction or waiver by the Company, at or before the Closing Date, of each of the following conditions; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 2 contracts

Sources: Investment Agreement (Alibaba Group Holding LTD), Investment Agreement (Ali YK Investment Holding LTD)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Lease to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Sources: Purchase Agreement (Cobra Oil & Gas CO), Purchase Agreement (Cobra Oil & Gas CO)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Note and the Closing Shares to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer Purchaser with prior written notice thereof:

Appears in 2 contracts

Sources: Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Stockeryale Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Units to the Buyer each Purchaser at the Closing is subject to the satisfaction, at or before as of the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Sources: Unsecured Convertible Debenture and Warrant Purchase Agreement (Miravant Medical Technologies), Unsecured Convertible Debenture Purchase Agreement (Miravant Medical Technologies)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer Purchaser with prior written notice thereof:

Appears in 2 contracts

Sources: Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc), Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (CaliberCos Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes to the each 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the each Buyer with prior written notice thereof:

Appears in 1 contract

Sources: Securities Purchase Agreement (Phunware, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes and Warrants to the Buyer at the Closing each Purchaser hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Matritech Inc/De/)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyer at the Closing each Purchaser hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Vitran Corp Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Common Shares to the Buyer Investor at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Stock Purchase Agreement (Probex Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Preferred Stock to the Buyer at the Closing each Purchaser hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Sco Group Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Bantec, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Convertible Debentures to the each 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the each Buyer with prior written notice thereof:

Appears in 1 contract

Sources: Securities Purchase Agreement (Virgin Orbit Holdings, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and andUnits to sell the Shares to the Buyer at the Closing each Purchaser hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Security Devices International Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes and the related Warrants to the each 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the each Buyer with prior written notice thereof:

Appears in 1 contract

Sources: Securities Purchase Agreement (Smith Micro Software, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:discretion: a.

Appears in 1 contract

Sources: Securities Purchase Agreement (eWELLNESS HEALTHCARE Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyer Lender at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: a. The Lender shall have executed this Agreement and delivered the Buyer with prior written notice thereof:same to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Sadot Group Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Preferred Stock to the Buyer each Purchaser hereunder at the Closing is subject to the satisfaction, at or before the Closing DateClosing, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Heartland Oil & Gas Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes to the Buyer at the Closing each Purchaser hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Nestor Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Preferred Shares and Investment Options to the a Buyer at each of the First Closing and Second Closing, as applicable is subject to the satisfaction, at or before the Closing DateDate in respect of such closing, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion. a. With respect to the Buyer with prior written notice thereof:First

Appears in 1 contract

Sources: Securities Purchase Agreement (Cybercash Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes and Warrants, if any, to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; , provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:: (

Appears in 1 contract

Sources: Securities Purchase Agreement (Wejo Group LTD)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Units to the Buyer a Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; provided provided, however, that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:discretion.

Appears in 1 contract

Sources: Securities Purchase Agreement (Centiv Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note and the Warrant to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer Purchaser with prior written notice thereof:

Appears in 1 contract

Sources: Securities Purchase Agreement (Digital Angel Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Restricted Stock to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: A. Buyer shall have executed this Agreement and the Buyer with prior written notice thereof:Registration Rights Agreement, and delivered the same to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Stem Cell Therapy International, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes to the 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 1 contract

Sources: Securities Purchase Agreement (Daktronics Inc /Sd/)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Convertible Notes to the each 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:, provided

Appears in 1 contract

Sources: Securities Purchase Agreement (Perfumania Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell consummate the Shares to the Buyer transactions contemplated herein at the Closing is subject to the satisfaction, at satisfaction on or before the Closing Date, of each Date of the following conditions; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) , all or any of which may be waived in writing by the Company at any time in as to its sole discretion by providing obligation to consummate the Buyer with prior written notice thereoftransactions so contemplated:

Appears in 1 contract

Sources: Securities Purchase Agreement (Jaguar Health, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: a. The Buyer shall have executed this Agreement and delivered the Buyer with prior written notice thereof:same to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Bare Metal Standard Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Contract Interests to the Buyer at the Closing Closings 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Purchase Agreement (Cobra Oil & Gas CO)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Debentures to the Buyer Investor(s) 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Debenture Purchase Agreement (Codesmart Holdings, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of ------------------------------------------------ the Company hereunder to issue and sell the Shares Debentures and Warrants to the a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: a. The applicable Buyer shall have executed this Agreement and the Buyer with prior written notice thereof:Registration Rights Agreement, and delivered the same to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Imaging Technologies Corp/Ca)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Preferred Stock to the Buyer at the Closing each Purchaser is subject to the satisfaction, at on or before the Closing Date, of each of the following conditions; , provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Imageware Systems Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Clean Energy Technologies, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Preferred Shares to the a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: 16 17 a. The applicable Buyer shall have executed this Agreement and the Buyer with prior written notice thereof:Registration Rights Agreement, and delivered the same to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cybercash Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing Lender is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:discretion.

Appears in 1 contract

Sources: Note Purchase Agreement (Advanced Environmental Recycling Technologies Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Securities to the Buyer Purchaser at the Closing is subject to the satisfactionsatisfaction or waiver by the Company, at or before the Closing Date, of each of the following conditions; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:

Appears in 1 contract

Sources: Investment Agreement (AutoNavi Holdings LTD)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Vape Holdings, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares and Warrants to the Buyer Purchaser at the Closing is subject to the satisfaction, at or before as of the date of the Closing Dateand with respect to Purchaser, of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Insignia Solutions PLC)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to sell and issue and sell the Shares Notes to each of the Buyer Buyers at the Closing is subject to the satisfaction, prior to or at or before the Closing DateClosing, of each of the following conditions; , provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the each Buyer with prior written notice thereof:

Appears in 1 contract

Sources: Securities Purchase Agreement (Inpixon)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares to the Buyer at the Closing hereunder is subject to the fulfillment to the Company’s 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 (to the extent permitted by applicable Law) , any of which may be waived in whole or in part by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofCompany:

Appears in 1 contract

Sources: License Agreement (Novacea Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Units to the Buyer at the Closing Purchaser is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; conditions as to such Purchaser, provided that these such conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (NGAS Resources Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Units to the Buyer a Purchaser at the First Closing or Second Closing, as applicable, is subject to the satisfaction, at or before the Closing Date, of each of the following conditions; provided provided, however, that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:discretion.

Appears in 1 contract

Sources: Securities Purchase Agreement (Centiv Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: the Company. a. The Buyer with prior written notice thereof:shall have executed this Agreement and delivered the same to

Appears in 1 contract

Sources: Securities Purchase Agreement (Hemp Naturals, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Notes and the Warrants to the each 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the each Buyer with prior written notice thereof:

Appears in 1 contract

Sources: Securities Purchase Agreement (Data Race Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares and Warrants to the Buyer a Purchaser at the Closing hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions thereto; provided provided, however, that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereof:discretion.

Appears in 1 contract

Sources: Securities Purchase Agreement (Franklin Telecommunications Corp)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Convertible Debenture to the Buyer Buyer(s) at the Closing Closings 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: (a) Each Buyer shall have executed the Buyer with prior written notice thereof:Transaction Documents and delivered them to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Global Concepts, Ltd.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Promissory Note to the Buyer Investor 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 (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Clubhouse Media Group, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares and Warrants to the Buyer a Purchaser at the Closing hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions thereto; provided provided, however, that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion. 13 14 a. The applicable Purchaser shall have executed the Buyer with prior written notice thereof:signature page to this Agreement and the Registration Rights Agreement, and delivered the same to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Entremed Inc)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares to the Buyer at the each Closing is subject to the satisfaction, at or before the each Closing Date, Date of each of the following conditions; conditions thereto, provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing the Buyer with prior written notice thereofdiscretion:

Appears in 1 contract

Sources: Securities Purchase Agreement (Movie Studio, Inc.)

CONDITIONS TO THE COMPANY’S OBLIGATION TO SELL. The obligation of the Company hereunder to issue and sell the Shares Convertible Debentures to the Buyer Buyer(s) at the Closing Closings is subject to the satisfaction, at or before the Closing DateDates, of each of the following conditions; , provided that these conditions are for the Company’s 's sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing discretion: (a) Each Buyer shall have executed the Buyer with prior written notice thereof:Transaction Documents and delivered them to the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (CepTor CORP)