Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 32 contracts
Samples: Investment Agreement (Alottafun Inc), Investment Agreement (Technical Chemicals & Products Inc), Investment Agreement (Cosmoz Com Inc/Ca)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 31 contracts
Samples: Investment Agreement (Tri Valley Corp), Investment Agreement (Itronics Inc), Investment Agreement (Itronics Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 19 contracts
Samples: Escrow Agreement (Professional Transportation Group LTD Inc), Series B Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc), Securities Purchase Agreement (Interactive Telesis Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 17 contracts
Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Credit Agreement (Infinite Group Inc)
Due Diligence Review. The Company shall make available for -------------------- inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 10 contracts
Samples: Escrow Agreement (Sonic Solutions/Ca/), Credit Agreement (Ashton Technology Group Inc), Credit Agreement (Sonic Solutions/Ca/)
Due Diligence Review. The Prior to the filing of the Registration Statement, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental such Registration StatementStatement or amendment or supplement thereto, or amendments or supplements thereto or any blue sky, NASD NASD, FINRA, or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for or required by the purpose of Investor and any such reviewadvisors, representatives and underwriters, and cause the Company's ’s officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement Statement, for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 7 contracts
Samples: Committed Equity Facility Agreement (MusclePharm Corp), Committed Equity Facility Agreement (Intellicell Biosciences, Inc.), Committed Equity Facility Agreement (Growlife, Inc.)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Lenders, advisors to and representatives of the Investor Lenders (who may or may not be affiliated with the Investor Lenders and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Lenders pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Lenders or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Lenders and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 6 contracts
Samples: Loan Agreement (Aquis Communications Group Inc), Loan Agreement (McGlen Internet Group Inc), Loan Agreement (Pawnbroker Com Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other proposed filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement through the Effective Date of the Registration Statement.
Appears in 5 contracts
Samples: Registration Rights Agreement (Famous Fixins Inc), Registration Rights Agreement (Famous Fixins Inc), Registration Rights Agreement (Famous Fixins Inc)
Due Diligence Review. The Company shall make available for ---------------------- inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 5 contracts
Samples: Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Science Dynamics Corp), Registration Rights Agreement (Pharmos Corp), Common Stock Purchase Agreement (Earth Search Sciences Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other proposed filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 5 contracts
Samples: Registration Rights Agreement (Calypte Biomedical Corp), Warrants Purchase Agreement (World Wide Wireless Communications Inc), Escrow Agreement (Calypte Biomedical Corp)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD American Stock Exchange or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 4 contracts
Samples: Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)
Due Diligence Review. The Prior to the filing of the Registration Statement, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental such Registration StatementStatement or amendment or supplement thereto, or amendments or supplements thereto or any blue sky, NASD NASD, FINRA, or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for or required by the purpose of Investor and any such reviewadvisors, representatives and underweriters, and cause the Company's ’s officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement Statement, for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 4 contracts
Samples: Committed Equity Facility Agreement (Amerilithium Corp.), Committed Equity Facility Agreement (Bergio International, Inc.), Committed Equity Facility Agreement (Revolutions Medical CORP)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other proposed filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 4 contracts
Samples: Convertible Debenture Purchase Agreement (Nhancement Technologies Inc), Registration Rights Agreement (Famous Fixins Inc), Convertible Debenture and Warrants Purchase Agreement (Stupid Pc Inc /Ga)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the an Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the an Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the such Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Convertible Preferred Stock and Warrant Purchase Agreement (Skylynx Communications Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Shares and Warrant Purchase Agreement (Hawaiian Natural Water Co Inc), Securities Purchase Agreement (DBS Industries Inc), Convertible Preferred Stock and Warrants Purchase Agreement (Sedona Corp)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "“Due Diligence Review"”), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD FINRA or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Investment Agreement (Li3 Energy, Inc.), Investment Agreement (Li3 Energy, Inc.), Investment Agreement (Minerco Resources, Inc.)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the a Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Note Purchase Agreement (Datatec Systems Inc), Warrants Purchase Agreement (Datatec Systems Inc), Note Purchase Agreement (Datatec Systems Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's ’s officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (BioMETRX)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "“Due Diligence Review"”), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Investment Agreement (A Time to Grow Inc), Investment Agreement (Cyber Law Reporter Inc), Investment Agreement (Cyber Law Reporter Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), and any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, amendment or amendments or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such the Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc), Escrow Agreement (Focus Enhancements Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc)
Due Diligence Review. The Subject to Section 6.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), and any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Common Stock and Warrants Purchase Agreement (Sedona Corp), Common Stock and Warrants Purchase Agreement (Sedona Corp), Common Stock and Warrants Purchase Agreement (Sedona Corp)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), and any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by any of the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 3 contracts
Samples: Convertible Preferred Stock Subscription Agreement (Objectsoft Corp), Series E Convertible Preferred Stock Subscription Agreement (Objectsoft Corp), Preferred Stock Subscription Agreement (Objectsoft Corp)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 2 contracts
Samples: Credit Agreement (Imaging Diagnostic Systems Inc /Fl/), Registration Rights Agreement (Ijnt Net Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by any of the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 2 contracts
Samples: Preferred Stock Subscription Agreement (Objectsoft Corp), Private Equity (Objectsoft Corp)
Due Diligence Review. The Company shall make available for ---------------------- inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 2 contracts
Samples: Investment Agreement (E Rex Inc), Investment Agreement (E Rex Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")each Investor, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the an Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the an Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the an Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the such Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 2 contracts
Samples: Debenture and Warrant Purchase Agreement (Imsco Inc /Ma/), Escrow Agreement (Professional Transportation Group LTD Inc)
Due Diligence Review. The (i) Subject to Section 3(h)(ii), the -------------------- Company shall make available available, during normal business hours, for inspection and review by the Investor (the "Due Diligence Review")Purchaser, advisors to and representatives of the Investor its Inspectors (who may or may not be affiliated with the Investor and who are reasonably acceptable to the CompanyPurchaser), any underwriter participating in any disposition of Common Stock on behalf of the Investor Purchaser pursuant to the Registration Statement, any Supplemental Registration Statement, Statement or amendments or prospectus supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as the Purchaser may be reasonably necessary request for the purpose of such review, and cause the Company's officers, directors and employees to promptly supply all such information reasonably requested by the Investor Purchaser or its Inspectors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Purchaser and such representatives, advisors its Inspectors and any underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 2 contracts
Samples: Registration Rights Agreement (Constellation 3d Inc), Registration Rights Agreement (Constellation 3d Inc)
Due Diligence Review. The Company shall make available for --------------------- inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 2 contracts
Samples: Credit Agreement (Staruni Corp), Credit Agreement (Staruni Corp)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, 1) all financial and other records, 2) all SEC Documents and other filings with the SEC, and 3) all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 2 contracts
Samples: Investment Agreement (College Bound Student Alliance Inc), Investment Agreement (College Bound Student Alliance Inc)
Due Diligence Review. The Company shall make available for ---------------------- inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, ,or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Investment Agreement (Texas Commercial Resources Inc)
Due Diligence Review. The If and only if the Company issues an -------------------- Optional Redemption Notice, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD NASD, Principal Market, or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to Section 7.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), and any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, upon the request of the Investors, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all publicly available SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Purchasepro Com Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the any Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Subscribers, advisors to and representatives of the Investor Subscribers (who may or may not be affiliated with the Investor Subscribers and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Subscribers pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor Subscribers or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Subscribers and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Purchase Agreement (Viragen Inc)
Due Diligence Review. The Subject to Section 9.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Principal Market or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to Section 9.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's ’s officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Company shall from time to time as the Investor may reasonably request make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Wavetech International Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Lenders, advisors to and representatives of the Investor Lenders (who may or may not be affiliated with the Investor Lenders and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Lenders pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Lenders or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Lenders and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement. Section 8.2.
Appears in 1 contract
Samples: Loan Agreement (American Champion Entertainment Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, ,or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to any limitations imposed by applicable laws, including Regulation FD promulgated under the Securities Exchange Act of 1934, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all publicly available financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Company shall make available for --------------------- inspection and review by the Investor Subscriber (the "Due Diligence Review"), advisors to and representatives of the Investor Subscriber (who may or may not be affiliated with the Investor Subscriber and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor Subscriber pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor Subscriber or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Subscriber and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Amex, Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such reviewreview and for the purpose of conducting ongoing due diligence, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement and due diligence efforts (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Preferred Stock and Warrants Purchase Agreement (Galaxy Nutritional Foods Co)
Due Diligence Review. The Company shall make available for -------------------- inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to Section 7.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other proposed filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to Section 7.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any "blue sky", NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other proposed filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrants Purchase Agreement (Thinkpath Com Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review"), advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and shall cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Prior to the filing of the Registration Statement, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental such Registration StatementStatement or amendment or supplement thereto, or amendments or supplements thereto or any blue sky, NASD NASD, FINRA, or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for or required by the purpose of Investor and any such reviewadvisors, representatives and underwriters, and cause the Company's ’s officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement Statement, for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Committed Equity Facility Agreement (Millennium Healthcare Inc.)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the 20 21 Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Principal Market or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Bionutrics Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall -------------------- make available for inspection and review by the Investor (the "Due Diligence Review")Lenders, advisors to and representatives of the Investor Lenders (who may or may not be affiliated with the Investor Lenders and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Lenders pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Lenders or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Lenders and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Loan Agreement (Inchorus Com)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Credit Agreement (Nam Corp)
Due Diligence Review. The Company shall make available for inspection and review by the Investor Subscriber (the "Due Diligence Review"), advisors to and representatives of the Investor Subscriber (who may or may not be affiliated with the Investor Subscriber and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock on behalf of the Investor Subscriber pursuant to the Registration Statement, any Supplemental Registration Statement, or amendments or supplements thereto or any blue sky, NASD or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor Subscriber or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Subscriber and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Principal Market or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall -------------------- make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Subject to Section 7.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), and any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Viisage Technology Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other recordsif applicable, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's ’s officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Accident Prevention Plus Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD NASD, Principal Market, or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Private Equity Line of Credit Agreement (Borough Corp)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Principal Market or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Netlojix Communications Inc)
Due Diligence Review. The Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD NASD, Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Prior to the filing of the Registration Statement, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental such Registration StatementStatement or amendment or supplement thereto, or amendments or supplements thereto or any blue sky, NASD NASD, FINRA, or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for or required by the purpose of Investor and any such reviewadvisors, representatives and underwriters, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement Statement, for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Artec Global Media, Inc.)
Due Diligence Review. The Subject to Section 8.2, the Company ---------------------- shall make available for inspection and review by the Investor (the "Due Diligence Review")Investors, advisors to and representatives of the Investor Investors (who may or may not be affiliated with the Investor Investors and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Investors pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other proposed filings with the SEC, and all other corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such information reasonably requested by the Investor Investors or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Investors and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration StatementStatement subject to the Investor's entering into a non-disclosure agreement acceptable to the Company and Subject to Section 8.2 hereof.
Appears in 1 contract
Samples: Convertible Debenture and Warrants Purchase Agreement (Worldwide Wireless Networks Inc)
Due Diligence Review. The Subject to Section 13.2 hereof, the Company shall make available for inspection and review by each of the Investor (the "Due Diligence Review")Critical Owners, advisors to and representatives of the Investor Critical Owners (who may or may not be affiliated with the Investor Critical Owners and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor Critical Owners pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor Critical Owners or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor Critical Owners and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Due Diligence Review. The Company shall make available for -------------------- inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD NASD, AMEX or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Credit Agreement (Cytrx Corp)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Form 211 or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
Samples: Purchase Agreement (Teleservices International Group Inc)
Due Diligence Review. The Subject to Section 8.2, the Company shall make available for inspection and review by the Investor (the "Due Diligence Review")Investor, advisors to and representatives of the Investor (who may or may not be affiliated with the Investor and who are reasonably acceptable to the Company), or any underwriter participating in any disposition of Common Stock the Registrable Securities on behalf of the Investor pursuant to the Registration Statement, any Supplemental Registration Statement, such registration statement or amendments amendment or supplements supplement thereto or any blue sky, NASD Nasdaq or other filing, all financial and other records, all SEC Documents and other filings with the SEC, and all other publicly available corporate documents and properties of the Company as may be reasonably necessary for the purpose of such review, and cause the Company's officers, directors and employees to supply all such publicly available information reasonably requested by the Investor or any such representative, advisor or underwriter in connection with such Registration Statement (including, without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time to time after the filing and effectiveness of the Registration Statement for the sole purpose of enabling to enable the Investor and such representatives, advisors and underwriters and their respective accountants and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of the Registration Statement.
Appears in 1 contract
