Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Shares at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each of the following conditions, unless waived:
Appears in 6 contracts
Samples: Stock Purchase Agreement (Oric Pharmaceuticals, Inc.), Stock Purchase Agreement (Crinetics Pharmaceuticals, Inc.), Stock Purchase Agreement (Olema Pharmaceuticals, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation 's obligations to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company at the Closing to a Purchaser is subject to the fulfillmentsatisfaction, on at or before prior to the Closing, of each of the following conditionsconditions (any of which may be waived by the Company, unless waived:in whole or in part):
Appears in 6 contracts
Samples: Stock Purchase and Master Strategic Relationship Agreement (Verio Inc), Stock Purchase and Master Strategic Relationship Agreement (Nippon Telegraph & Telephone Corp), Stock Purchase and Master Strategic Relationship Agreement (Commerce One Inc)
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue and sell the Shares to the Purchaser at the each Closing to a Purchaser is subject to the fulfillmentsatisfaction, on at or before the each Closing, of each of the following conditions, unless waivedprovided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Purchaser with prior written notice thereof:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Essex Corporation), Securities Purchase Agreement (Essex Corporation), Securities Purchase Agreement (Essex Corporation)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Shares to the Purchasers at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each satisfaction of the following conditions, unless waived:
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Neogenesis Pharmaceuticals Inc), Preferred Stock Purchase Agreement (Gomez Advisors Inc), Preferred Share Purchase Agreement (Given Imaging LTD)
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue consummate the sale and sell issuance of the Purchased Shares at the Closing to a each Purchaser is shall be subject to the fulfillment, satisfaction on or before prior to the Closing, Closing Date of each of the following conditionsconditions (any or all of which may be waived by the Company in writing, unless waived:in whole or in part, to the extent permitted by applicable Law):
Appears in 3 contracts
Samples: Share Purchase Agreement (Strategic Value Partners, LLC), Share Purchase Agreement (Swift Energy Co), Share Purchase Agreement (Columbus McKinnon Corp)
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue and sell the Shares Purchased Units at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each satisfaction of the following conditions, conditions precedent (unless waived:waived by the Company):
Appears in 3 contracts
Samples: Common Unit Purchase Agreement (Donjoy LLC), Common Unit Purchase Agreement (Dj Orthopedics Capital Corp), Preferred Unit Purchase Agreement (Donjoy LLC)
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue and sell the Shares shares of Redeemable Preferred Stock to the Purchasers at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each satisfaction of the following conditions, conditions precedent (unless waived:waived by the Company).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Chase Venture Capital Associates L P), Securities Purchase Agreement (Hanger Orthopedic Group Inc)
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue and sell the Shares at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each of the following additional conditions, unless waived:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Tc Group LLC), Common Stock Purchase Agreement (Sight Resource Corp)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Shares at the Closing to a Purchaser is subject to the fulfillment, fulfillment to the reasonable satisfaction of the Company on or before prior to the Closing, Closing of each of the following conditions, unless waivedany of which may be waived by the Company:
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation obligations to issue and sell the Purchased Shares at the Closing to a Purchaser is subject to the fulfillmentsatisfaction(or waiver, if permissible under applicable Law) on or before prior to the Closing, of each Closing Date of the following conditions, unless waived:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (NationsHealth, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation obligations of the Company hereunder to issue and sell the Purchased Shares to each Buyer at the Closing to a Purchaser is subject to the fulfillmentsatisfaction, on at or before the ClosingClosing Date, of each of the following conditions, unless waivedprovided that such conditions are for the Company’s sole benefit and 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
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue and sell the Shares to each Purchaser at the Initial Closing to a Purchaser and at Subsequent Closings is subject to the fulfillmentsatisfaction, on at or before the Closing, of each of the following conditions, unless waivedprovided 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 each Purchaser with prior written notice thereof:
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Shares at the Closing to a Purchaser is subject to the fulfillmentsatisfaction, on or before the Closing, of each of the following conditions, unless waivedwaived in writing by the Company at its sole discretion:
Appears in 1 contract
Samples: Stock Purchase Agreement (Clean Energy Fuels Corp.)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Shares at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each satisfaction of the following conditions, unless waivedconditions on or prior to the Closing:
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Knology Inc)
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue and sell the Shares at to the Closing Buyer pursuant to a Purchaser is this Agreement shall be subject to the fulfillmentsatisfaction, on at or before the ClosingClosing Date, of each of the following conditionsconditions (any of which may be waived, unless waived:in whole or in part, in writing by the Company).
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation of the Company to issue and sell the Shares at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each of the following conditions, unless waived:
Appears in 1 contract
Samples: Securities Purchase Agreement (Red Giant Entertainment, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation obligations of the Company to issue and sell the Shares to each Purchaser at the Closing to a Purchaser is subject to the fulfillment, on or before the Closing, of each of the following conditions, unless waived:
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Microsoft Corp)
Conditions to the Company’s Obligations. The Company’s obligation of the Company to sell and issue and sell the Shares Securities to the Investor at the Closing to a Purchaser is subject to the fulfillment, on or before to the Company’s reasonable satisfaction, prior to the Closing, of each of the following conditions, unless waivedany of which may, to the extent permitted by applicable law, be waived by the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (RiceBran Technologies)
