Common use of Delivery of Mandatory Purchase Notice Clause in Contracts

Delivery of Mandatory Purchase Notice. At any time during the Commitment Period, the Company shall, on a Mandatory Purchase Date, deliver a written notice to the Investor (each such notice hereinafter referred to as an "Mandatory Purchase Notice") setting forth the Investment Amount, subject to the limitations imposed by Sections 2.1 and 3.2(l) herein, which the Company is required to sell to the Investor; provided, however, that in the event the Company fails to deliver a Mandatory Purchase Notice, such notice shall be deemed delivered as of the Mandatory Purchase Date and the Investment Amount shall be deemed to be $500,000. The Company may not deliver a Mandatory Purchase Notice to the Investor if the conditions set forth in Section 2.1(b)(ii) are not satisfied or if the events described in Section 2.6 occur, or if the conditions set forth in Article III are not satisfied. If the conditions set forth in Section 2.1(b)(ii) are not satisfied, any of the events described in Section 2.6 occur on or after the date on which an Mandatory Purchase Notice is given, but prior to the closing of the transaction on the Closing Date associated with such Mandatory Purchase Notice, or if the conditions set forth in Article III are not satisfied, such Mandatory Purchase Notice shall be null, void and of no further force or effect.

Appears in 2 contracts

Samples: Flexible Financing Agreement (Connective Therapeutics Inc), Flexible Financing Agreement (Connetics Corp)

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Delivery of Mandatory Purchase Notice. At any time during (i) On or before the Commitment tenth (10th) day immediately preceding the commencement of an Investment Period, the Chief Executive Officer or the Chief Financial Officer (or such other person as designated by either in writing) of the Company shall, on a Mandatory Purchase Date, may deliver a written notice to the Investor (each such notice hereinafter referred to as an a "Mandatory Purchase Notice") setting forth which shall require the Investment AmountInvestor to purchase shares of Common Stock from the Company for an aggregate Purchase Price of $1,500,000, subject to the limitations imposed by Sections 2.1 and 3.2(l) herein, which the Company is required to sell to the Investor; provided, however, that in the event the Company fails to deliver a Mandatory Purchase Notice, such notice shall be deemed delivered as of the Mandatory Purchase Date and the Investment Amount shall be deemed to be $500,000. The Company may not deliver a Mandatory Purchase Notice to the Investor if the conditions set forth in Section 2.1(b)(ii) are not satisfied or if the events described in Section 2.6 occur, or if a dispute exists between the Investor and the Company pursuant to Section 3.3, or if the conditions set forth in Article III are not satisfied. If the conditions set forth in Section 2.1(b)(ii) are not satisfied, any of the events described in Section 2.6 occur occur, a dispute exists between the Investor and the Company pursuant to Section 3.3 or if the conditions set forth in Article III are not satisfied, on or after the date on which an a Mandatory Purchase Notice is given, given but prior to the closing of the transaction on the Closing Date associated with such Mandatory Purchase Notice, or if the conditions set forth in Article III are not satisfied, Investor Notice relating to such Mandatory Purchase Notice shall be be, at the option of the Investor, null, void and of no further force or effect.

Appears in 1 contract

Samples: Structured Equity Line Flexible Financingsm Agreement (GRC International Inc)

Delivery of Mandatory Purchase Notice. At any time during (i) On or before the Commitment -------------------------------------- thirtieth (30th) day immediately preceding the commencement of an Investment Period, the Chief Executive Officer or the Chief Financial Officer (or such other person as designated by either in writing) of the Company shall, on a Mandatory Purchase Date, may deliver a written notice to the Investor (each such notice hereinafter referred to as an a "Mandatory Purchase Notice") setting forth which shall require the Investment AmountInvestor to purchase shares of Common Stock from the Company for an aggregate Purchase Price of $1,500,000, subject to the limitations imposed by Sections 2.1 and 3.2(l3.2(1) herein, which the Company is required to sell to the Investor; provided, however, that in the event the Company fails to deliver a Mandatory Purchase Notice, such notice shall be deemed delivered as of the Mandatory Purchase Date and the Investment Amount shall be deemed to be $500,000. The Company may not deliver a Mandatory Purchase Notice to the Investor if the conditions set forth in Section 2.1(b)(ii) are not satisfied or if the events described in Section 2.6 occur, or if a dispute exists between the Investor and the Company pursuant to Section 3.3, or if the conditions set forth in Article III are not satisfied. If the conditions set forth in Section 2.1(b)(ii) are not satisfied, any of the events described in Section 2.6 occur occur, a dispute exists between the Investor and the Company pursuant to Section 3.3 or if the conditions set forth in Article III are not satisfied, on or after the date on which an a Mandatory Purchase Notice is given, given but prior to the closing of the transaction on the Closing Date associated with such Mandatory Purchase Notice, or if the conditions set forth in Article III are not satisfied, Investor Notice relating to such Mandatory Purchase Notice shall be null, void and of no further force or effect.

Appears in 1 contract

Samples: GRC International Inc

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Delivery of Mandatory Purchase Notice. At any time during the Commitment PeriodPeriod following the Purchase Eligibility Date, the Company shall, on a Mandatory Purchase Date, deliver a written notice to the Investor Purchasers (each such notice hereinafter referred to as an a "Mandatory Purchase Notice") setting forth the Investment Amount, subject to the limitations imposed by Sections 2.1 3.2(m), 3.2(n), 3.2(o) and 3.2(l3.2(p) herein, which the Company is required to sell to the InvestorPurchasers; provided, however, that in the event the Company fails to deliver a Mandatory Purchase Notice, such notice shall be deemed delivered as of the Mandatory Purchase Date and the Investment Amount shall be deemed to be $500,000the maximum dollar amount which the Company could specify at the applicable time in any Optional Purchase Notice. The Company may not deliver deliver, and shall not be deemed to have delivered, a Mandatory Purchase Notice to the Investor if Purchasers (i) prior to the conditions set forth in Section 2.1(b)(iiPurchase Eligibility Date, (ii) are not satisfied or if the events described in Section 2.6 2.4 occur, or (iii) if any of the conditions set forth in Article III are not satisfiedsatisfied or waived in the sole discretion of the Purchasers. If the conditions set forth in Section 2.1(b)(ii) are not satisfied, any of the events described in Section 2.6 2.4 occur on or after the date on which an Mandatory Purchase Notice is given, but prior to the closing of the transaction on the Closing Date associated with such Mandatory Purchase Notice, or if the conditions set forth in Article III are not satisfiedsatisfied or waived in the sole discretion of the Purchasers, such Mandatory Purchase Notice shall be null, void and of no further force or effect.

Appears in 1 contract

Samples: Equity Financing Agreement (American International Petroleum Corp /Nv/)

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