Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 51 contracts
Samples: Securities Purchase Agreement (Luxeyard, Inc.), Form of Purchase Agreement (Visualant Inc), Purchase Agreement (Power Solutions International, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Debenture at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 38 contracts
Samples: Securities Purchase Agreement (Thinspace Technology, Inc.), Securities Purchase Agreement (Clicker Inc.), Securities Purchase Agreement (Thinspace Technology, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 33 contracts
Samples: Securities Purchase Agreement (Eliem Therapeutics, Inc.), Stock Purchase Agreement (Vaccinex, Inc.), Securities Purchase Agreement (Clearside Biomedical, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 28 contracts
Samples: Securities Purchase Agreement (Century Therapeutics, Inc.), Purchase Agreement (Response Genetics Inc), Purchase Agreement (Mattersight Corp)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Note at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 22 contracts
Samples: Form of Securities Purchase Agreement (POSITIVEID Corp), Form of Securities Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (Algae Dynamics Corp.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Closing Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 21 contracts
Samples: Securities Purchase Agreement (Krystal Biotech, Inc.), Securities Purchase Agreement (Entasis Therapeutics Holdings Inc.), Securities Purchase Agreement (X4 Pharmaceuticals, Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe “Required Investors”):
Appears in 12 contracts
Samples: Purchase Agreement (Tarantella Inc), Purchase Agreement (Tarantella Inc), Purchase Agreement (Tarantella Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 12 contracts
Samples: Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (OptimizeRx Corp), Purchase Agreement (Genco Shipping & Trading LTD)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 12 contracts
Samples: Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Purchase Agreement (Selectica Inc), Purchase Agreement (Selectica Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Placement Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 10 contracts
Samples: Securities Purchase Agreement (Arvinas, Inc.), Securities Purchase Agreement (Ocular Therapeutix, Inc), Securities Purchase Agreement (Baker Bros. Advisors Lp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 9 contracts
Samples: Purchase Agreement (Vuance), Purchase Agreement (Narrowstep Inc), Purchase Agreement (Ion Networks Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Notes and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 8 contracts
Samples: Investment Unit Purchase Agreement (Auxilio Inc), Securities Purchase Agreement (Emerald Dairy Inc), Securities Purchase Agreement (Commerce Planet)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 8 contracts
Samples: Securities Purchase Agreement (Emy's Salsa Aji Distribution Company, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Purchased Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such the Investor (as to itself only):with the agreement of the Company:
Appears in 6 contracts
Samples: Securities Purchase Agreement (Summit Therapeutics Inc.), Securities Purchase Agreement (Summit Therapeutics Inc.), Securities Purchase Agreement (Summit Therapeutics Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 5 contracts
Samples: Purchase Agreement (Pegasi Energy Resources Corporation.), Securities Purchase Agreement (Immatics N.V.), Purchase Agreement (H/Cell Energy Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 5 contracts
Samples: Securities Purchase Agreement (Molecular Templates, Inc.), Purchase Agreement (Tobira Therapeutics, Inc.), Securities Purchase Agreement (Threshold Pharmaceuticals Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe "Required Investors"):
Appears in 5 contracts
Samples: Purchase Agreement (Alliance Pharmaceutical Corp), Purchase Agreement (Ion Networks Inc), Purchase Agreement (Axeda Systems Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cryoport, Inc.), Securities Purchase Agreement (Cryoport, Inc.), Purchase Agreement (Oculus Innovative Sciences, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Units at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Securities Purchase Agreement (Celsion CORP), Securities Purchase Agreement (Celsion CORP), Securities Purchase Agreement (Elutia Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Units at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 4 contracts
Samples: Securities Purchase Agreement (LOGIC DEVICES Inc), Purchase Agreement (Oculus Innovative Sciences, Inc.), Purchase Agreement (Oculus Innovative Sciences, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants its Note at the Closing is subject to the fulfillment to such each Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 4 contracts
Samples: Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.), Purchase Agreement (BitNile Holdings, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Purchase Agreement (Primal Solutions Inc), Purchase Agreement (Celsion CORP), Purchase Agreement (Celsion CORP)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Requisite Holders’ reasonable satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):the Requisite Holders:
Appears in 4 contracts
Samples: Form of Purchase Agreement (Storm Cat Energy CORP), Purchase Agreement (Exploration Co of Delaware Inc), Purchase Agreement (Bakers Footwear Group Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Notes and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Purchase Agreement (C-Chip Technologies Corp), Securities Purchase Agreement (Visijet Inc), Purchase Agreement (Narrowstep Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Verve Therapeutics, Inc.), Securities Purchase Agreement (MeiraGTx Holdings PLC), Stock Purchase Agreement (Vaccinex, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 4 contracts
Samples: Securities Purchase Agreement (Lyra Therapeutics, Inc.), Securities Purchase Agreement (Morphic Holding, Inc.), Securities Purchase Agreement (Celcuity Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the its Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 3 contracts
Samples: Securities Purchase Agreement (Crumbs Bake Shop, Inc.), Registration Rights Agreement (Bay Bancorp, Inc.), Securities Purchase Agreement (Bay Bancorp, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Notes at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 3 contracts
Samples: Note Purchase Agreement (Viryanet LTD), Purchase Agreement (Velocity Express Corp), Purchase Agreement (Visual Networks Inc)
Conditions to the Investor’s Obligations. The Each Investor’s obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 3 contracts
Samples: Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Debenture at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 3 contracts
Samples: Bridge Loan Agreement (Smart Move, Inc.), Purchase Agreement (Mac Filmworks Inc), Purchase Agreement (Mac Filmworks Inc)
Conditions to the Investor’s Obligations. The Investor’s obligation of each Investor to purchase the Notes and Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 3 contracts
Samples: Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.), Purchase Agreement (Green Ballast, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 3 contracts
Samples: Purchase Agreement (Harbin Electric, Inc), Purchase Agreement (Central European Distribution Corp), Purchase Agreement (Central European Distribution Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Debenture and the Warrants Shares at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 3 contracts
Samples: Purchase Agreement (AMBER Ready, Inc), Purchase Agreement (AMBER Ready, Inc), Purchase Agreement (AMBER Ready, Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to before the Closing DateClosing, of each of the following conditions, any of which may be waived by such Investor (as to itself only):unless otherwise waived.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Arcellx, Inc.), Common Stock Purchase Agreement (Denali Therapeutics Inc.), Common Stock Purchase Agreement (Arcellx, Inc.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and to consummate the Warrants at other Transactions on the Closing is Date shall be subject to the fulfillment to such (or waiver by the Investor’s satisfaction, on ) at or prior to the Closing Date, of each of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Purchase Agreement (China BCT Pharmacy Group, Inc.), Purchase Agreement (China BCT Pharmacy Group, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):the Investors:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.), Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the and pay for Shares and the Warrants at on the Closing Date is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any one or more of which may be waived in writing at any time by such Investor (as to itself only):Investor:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Granite City Food & Brewery LTD), Stock Purchase Agreement (Kodiak Oil & Gas Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Debentures and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Iq Biometrix Inc), Purchase Agreement (Immersion Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants its Debenture at the Closing is subject to the fulfillment to such each Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (H/Cell Energy Corp), Securities Purchase Agreement (H/Cell Energy Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Shares, the Notes and the Initial Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Security Agreement (Zila Inc), Registration Rights Agreement (Zila Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Preferred Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Sphere 3D Corp.), Purchase Agreement (Sphere 3D Corp.)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Synutra International, Inc.), Stock Purchase Agreement (Arotech Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by a particular Investor solely with respect to such Investor (as to itself only):Investor's obligations hereunder:
Appears in 2 contracts
Samples: Purchase Agreement (Antares Pharma Inc), Purchase Agreement (Antares Pharma Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Georesources Inc), Purchase Agreement (Unify Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Investment Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor the Investors in their sole discretion (as to itself onlythe extent legally permissible):
Appears in 2 contracts
Samples: Investment and Transaction Agreement (Pointer Telocation LTD), Investment and Transaction Agreement (Id Systems Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Preferred Stock and the Warrants at the Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants such Investor’s Securities at the Closing is subject to the fulfillment to such Investor’s satisfaction, satisfaction on or prior to the Closing Date, date hereof of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Securities Purchase Agreement (Edgen Louisiana CORP), Securities Purchase Agreement (Sheridan Group Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Aehr Test Systems), Purchase Agreement (RMG Networks Holding Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investorthe Placement Agent’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Purchase Agreement (Antares Pharma Inc), Purchase Agreement (Incara Pharmaceuticals Corp)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Response Genetics Inc), Purchase Agreement (Response Genetics Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Bridge Note Purchase Agreement (Corgi International LTD), Purchase Agreement (Consor Capital II LP)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the respective Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Stock Purchase and Settlement Agreement (Al Yousuf LLC), Stock Purchase and Settlement Agreement (Altair Nanotechnologies Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Subsequent Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Subsequent Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Subscription Agreement (Selectica Inc), Subscription Agreement (Selectica Inc)
Conditions to the Investor’s Obligations. The Investor’s obligation of each Investor to purchase the Shares and the Warrants at the Closing is will be subject to the fulfillment to such Investor’s satisfaction, on at or prior to before the Closing Date, of each of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 2 contracts
Samples: Registration Rights Agreement (OvaScience, Inc.), Registration Rights Agreement (Puma Biotechnology, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing Securities is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Securities Purchase Agreement (General Atlantic, L.P.), Securities Purchase Agreement (Immunocore Holdings PLC)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Units at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Arbios Systems Inc), Securities Purchase Agreement (Ardmore Holding CORP)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Hemoxymed Inc), Purchase Agreement (Find SVP Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares Debentures and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Triangle Petroleum CORP), Securities Purchase Agreement (Triangle Petroleum CORP)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Preferred Shares at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 2 contracts
Samples: Securities Purchase Agreement (Madrigal Pharmaceuticals, Inc.), Registration Rights Agreement (Madrigal Pharmaceuticals, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor of the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' reasonable satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Purchase Agreement (Vitalstream Holdings Inc), Purchase Agreement (Vitalstream Holdings Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment fulfillment, to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 2 contracts
Samples: Securities Purchase Agreement (ASTROTECH Corp), Securities Purchase Agreement (ASTROTECH Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the ---------------------------------------- Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe "Required Investors"):
Appears in 2 contracts
Samples: Purchase Agreement (Amerigon Inc), Purchase Agreement (Amerigon Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Preferred Stock at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vanity Events Holding, Inc.), Securities Purchase Agreement (Vanity Events Holding, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares (as to itself onlythe "Required Investors"):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Offering Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (NewEra Technology Development Co., LTD)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and Securities to the Warrants Investor at the Closing is subject to the fulfillment fulfillment, to such the Investor’s reasonable satisfaction, on or prior to or at the Closing DateClosing, of each of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 1 contract
Samples: Securities Purchase Agreement (MGT Capital Investments, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor of the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s 's reasonable satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such an Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfactionthe satisfaction of the Required Investors, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Required Investors:
Appears in 1 contract
Samples: Purchase Agreement (Glu Mobile Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Shares, the Warrants and the Adjustment Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares its Debenture and the Warrants Warrant at the Closing is subject to the fulfillment to such each Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Series F Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase its pro rata share of the Shares and the Warrants Notes at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor in its sole discretion (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor Investor’s obligations to purchase the Shares and the Warrants at the Closing is are subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, satisfaction of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 1 contract
Samples: Share Purchase Agreement (Trevi Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase 66-2/3% of the Shares and the Warrants (as to itself onlythe "Required Investors"):
Appears in 1 contract
Samples: Purchase Agreement (United American Healthcare Corp)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Required Investors:
Appears in 1 contract
Samples: Purchase Agreement (Artisoft Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Common Stock and the Warrants Warrant at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Samples: Investment Unit Purchase Agreement (Dthera Sciences)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such Investor’s the Lead Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):the Lead Investors:
Appears in 1 contract
Samples: Securities Purchase Agreement (Novelos Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares and Warrants (as to itself onlythe “Required Investors”):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Securities at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 1 contract
Samples: Purchase Agreement (Id Systems Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor of the Investors to purchase the Shares and the Warrants Securities at the applicable Closing is subject to the fulfillment to such Investor’s the Requisite Holders’ reasonable satisfaction, on or prior to the applicable Closing Date, of the following conditions, any of which may be waived in writing by such Investor (as to itself only):the Requisite Holders:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Closing Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (Skye Bioscience, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the Closing each closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the relevant Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to (i) purchase the Shares and the Warrants at the First Closing is subject to the fulfillment to such Investor’s 's satisfaction, on or prior to the First Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only) and (ii) purchase the Shares and Warrants at the Second Closing is subject to the fulfillment to such Investor's satisfaction, on or prior to the Second Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Purchase Agreement (MacFarlane Family Ventures, LLC)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares Notes and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants Closing Securities at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such the Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (Selecta Biosciences Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and to consummate the Warrants at other Transactions on the Closing is Date shall be subject to the fulfillment to such Investor’s satisfaction, on (or waiver by the Investors) at or prior to the Closing Date, of each of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 1 contract
Samples: Series C Convertible Preferred Shares Purchase Agreement (XINHUA SPORTS & ENTERTAINMENT LTD)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase and pay for the Shares and the Warrants at on the Closing Date is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any one or more of which may be waived by such Investor (as to itself only):the Investor:
Appears in 1 contract
Samples: Execution Copy Purchase Agreement (Overland Storage Inc)
Conditions to the Investor’s Obligations. The Investor’s obligation of each Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to as of the Closing Date, of the following conditions, any of which may be conditions (unless waived in writing by such Investor (as to itself onlythe Investor):
Appears in 1 contract
Samples: Stock Purchase Agreement (Jounce Therapeutics, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Conversion Shares at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Summer Energy Holdings Inc)
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such the Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such the Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares Notes and the Warrants to be acquired by it at the any Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Units at the applicable Closing is subject to the fulfillment to such Investor’s satisfactionfulfillment, on or prior to the applicable Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Debenture at the Closing Closing, and each Subsequent Closing, is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):Investor:
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Required Investors’ satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only)::
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor the Investors to purchase the Shares and the Warrants at the Closing is subject to the fulfillment to such Investor’s the Investors' satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor the Investors agreeing hereunder to purchase a majority of the Shares (as to itself onlythe "Required Investors"):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants at the each Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the applicable Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Samples: Purchase Agreement (Utix Group Inc)
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Debentures at the applicable Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Datedate of the applicable Closing, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each Investor to purchase the Shares and the Warrants Preferred Shares at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):
Appears in 1 contract
Conditions to the Investor’s Obligations. The obligation of each the Investor to purchase the Shares Debentures and the Warrants at the Closing is subject to the fulfillment to such Investor’s satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived by such Investor (as to itself only):the Investor:
Appears in 1 contract
