Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 57 contracts
Samples: Form of Subscription Agreement (Thermogenesis Corp), Form of Subscription Agreement (Bionovo Inc), Subscription Agreement (Quicklogic Corporation)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 31 contracts
Samples: Subscription Agreement (Cytokinetics Inc), Subscription Agreement (Star Bulk Carriers Corp.), Subscription Agreement (Cytokinetics Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 25 contracts
Samples: Subscription Agreement (Premier Power Renewable Energy, Inc.), Subscription Agreement (Javelin Pharmaceuticals, Inc), Subscription Agreement (Cereplast Inc)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 21 contracts
Samples: Placement Agent Agreement (Favrille Inc), Subscription Agreement (Cell Genesys Inc), Subscription Agreement (Acusphere Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares and Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 17 contracts
Samples: Subscription Agreement (CytoDyn Inc.), Subscription Agreement (CytoDyn Inc.), Subscription Agreement (CytoDyn Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date, all as set forth in this Annex I and in the Subscription Agreement to which it is attached.
Appears in 6 contracts
Samples: Subscription Agreement (Aegis Identity Software, Inc.), Subscription Agreement (Aegis Identity Software, Inc.), Subscription Agreement (Code Rebel Corp)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Securities to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Securities being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 6 contracts
Samples: Great Basin Scientific, Inc., Great Basin Scientific, Inc., Great Basin Scientific, Inc.
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares and the Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and the Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 6 contracts
Samples: Speed Commerce, Inc., Lucas Energy, Inc., Catalyst Pharmaceutical Partners, Inc.
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt delivery by the Company Investor, in accordance with the provisions of this Agreement, of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 5 contracts
Samples: Subscription Agreement (BPZ Resources, Inc.), Subscription Agreement (Northern Oil & Gas, Inc.), Subscription Agreement (BPZ Resources, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt delivery by the Company Investor, in accordance with the provisions of this Agreement, of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 4 contracts
Samples: Subscription Agreement (GeoVax Labs, Inc.), Subscription Agreement (GeoVax Labs, Inc.), Units Subscription Agreement (GeoVax Labs, Inc.)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units Securities to the Investor shall be subject to: to (i) the receipt by the Company of the purchase price for the Units Securities being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 4 contracts
Samples: Form of Subscription Agreement (Kadmon Holdings, Inc.), Form of Subscription Agreement (KalVista Pharmaceuticals, Inc.), Form of Subscription Agreement (Helius Medical Technologies, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price in cleared funds for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date, all as set forth in this Annex I and in the Subscription Agreement to which it is attached.
Appears in 3 contracts
Samples: Placement Agency Agreement (Aina Le'a Inc.), Subscription Agreement (Aina Le'a Inc.), Subscription Agreement (Aina Le'a Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price Purchase Price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Beacon Power Corp), Subscription Agreement (Beacon Power Corp), Subscription Agreement (Beacon Power Corp)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Notes to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Notes being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Agent Agreement (Harvest Natural Resources, Inc.), Subscription Agreement (Harvest Natural Resources, Inc.), Subscription Agreement (Harvest Natural Resources, Inc.)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt delivery by the Company Investor, in accordance with the provisions of this Agreement, of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Houston American Energy Corp), Subscription Agreement (Magnum Hunter Resources Corp), Subscription Agreement (Houston American Energy Corp)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units Shares and Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (VirnetX Holding Corp), Subscription Agreement (VirnetX Holding Corp), Subscription Agreement (Dendreon Corp)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Securities to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Securities being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Biodelivery Sciences International Inc), Form of Subscription Agreement (Athersys, Inc / New), Subscription Agreement (Biodel Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price Purchase Price for the Units Shares being purchased hereunder as set forth on the Signature Page signature page hereto and (iib) the accuracy in all material respects of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Long Island Iced Tea Corp.), Subscription Agreement (Long Blockchain Corp.), Subscription Agreement (Long Island Iced Tea Corp.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (iib) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Genta Inc De/), Form of Subscription Agreement (Genta Inc De/), Subscription Agreement (Metabasis Therapeutics Inc)
Conditions to the Company’s Obligations. The In addition to any other conditions set forth herein, the Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price Purchase Price for the Units Shares being purchased hereunder as set forth on the Signature Page and (iib) the accuracy in all material respects of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (China Ritar Power Corp.), Subscription Agreement (Rentech Inc /Co/), Subscription Agreement (Rentech Inc /Co/)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the Company having accepted the Investor’s offer to purchase the Units, which shall be evidenced by the Company countersigning this Agreement; (ii) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page Page; and (iiiii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing DateClosing.
Appears in 2 contracts
Samples: Subscription Agreement (Wireless Ronin Technologies Inc), Subscription Agreement (Wireless Ronin Technologies Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.and
Appears in 2 contracts
Samples: Subscription Agreement (BofI Holding, Inc.), Subscription Agreement (BofI Holding, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares and Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and Warrants being purchased hereunder as set forth on the Signature Page Page, and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 2 contracts
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 2 contracts
Samples: Subscription Agreement (Lpath, Inc), Subscription Agreement (Lpath, Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor pursuant to this Agreement, including the Terms and Conditions for Purchase of Units, and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing DateDate pursuant to this Agreement, including the Terms and Conditions for Purchase of Units.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and in a manner permitted by Section 3.3 below and (ii) the accuracy of the representations and warranties made by the Investor set forth in this Agreement and the fulfillment of those undertakings of the Investor set forth in this Agreement to be fulfilled prior to the Closing Date.
Appears in 1 contract
Samples: Raser Technologies Inc
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page signature page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company following release from escrow of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall will be subject to: to (i) the receipt by the Company of the aggregate purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price Purchase Price for the Units being purchased hereunder as set forth on the Signature Page Page, (ii) an executed Form W-9 and (iiiii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (Idera Pharmaceuticals, Inc.)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and in a manner permitted by Section 3.3 below and (ii) the accuracy of the representations and warranties made by the Investor set forth in this Agreement and the fulfillment of those undertakings of the Investor set forth in this Agreement to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page Page; and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (iib) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. (a) The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall will be subject to: (i) to the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Common Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Common Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy in all material respects of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date. 3 Note: Language regarding simultaneous closings in this Section 2.2 is for Venrock only.
Appears in 1 contract
Samples: Purchase Agreement (Xenoport Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date. Notwithstanding any additional listing application with Nasdaq Capital Market, or any other listing requirements, the Company shall be unconditionally obligated to issue and sell the Units to the Investor.
Appears in 1 contract
Samples: Form of Subscription Agreement (Oxygen Biotherapeutics, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the aggregate purchase price for the Units being purchased hereunder as set forth on the Signature Page and Page, (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing DateDate and (iii) the satisfaction of the conditions set forth in Section 7 of the Placement Agreement.
Appears in 1 contract
Samples: Subscription Agreement (Alexza Pharmaceuticals Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units and the Series B Warrants to the Investor shall be subject to: (i) the receipt by the Company of the aggregate purchase price for the Units and Series B Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Samples: Clean Diesel Technologies Inc
