Common use of FORM OF SECRETARY’S CERTIFICATE Clause in Contracts

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21, 2020 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Novan, Inc.)

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FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21November 11, 2020 2011 (the “Common Stock Purchase Agreement”), by and between NOVANATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxx (X.X.) Xxxxxxx, as Jr., Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Athersys, Inc / New)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21June 15, 2020 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Novan, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21November 5, 2020 2019 (the “Common Stock Purchase Agreement”), by and between NOVANATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty One Hundred Million Dollars ($30,000,000100,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxx (X.X.) Xxxxxxx, as Jr., Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Athersys, Inc / New)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21December 17, 2020 2015 (the “Common Stock Purchase Agreement”), by and between NOVANATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxx (X.X.) Xxxxxxx, as Jr., Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Athersys, Inc / New)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21March 10, 2020 2014 (the “Common Stock Purchase Agreement”), by and between NOVANNEOSTEM, INC.Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxxxx X. Xxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (NeoStem, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 212, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVANREMARK HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Kai-Xxxxx Xxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Remark Holdings, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k8(II)(k) of that certain Common Stock Purchase Agreement dated as of July 21October 8, 2020 2015 (the Common Stock Purchase Agreement”), by and between NOVANONCONOVA THERAPEUTICS, INC., a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Sixteen Million Five Hundred Thousand Dollars ($30,000,00016,500,000) of the Company’s Common Stock, $0.01 par value $0.0001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Purchase Agreement (Onconova Therapeutics, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 2116, 2020 2012 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC.TranSwitch Corporation, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Eleven Million Dollars ($30,000,00011,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as _ Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Transwitch Corp /De)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21October 7, 2020 2015 (the “Common Stock Purchase Agreement”), by and between NOVANMETABOLIX, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Metabolix, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21October 25, 2020 2013 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC.CELLCEUTIX CORPORATION, a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as _ Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cellceutix CORP)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21November 11, 2020 2015 (the “Common Stock Purchase Agreement”), by and between NOVAN, ATOSSA GENETICS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Five Million Dollars ($30,000,00025,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Kxxx Xxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Atossa Genetics Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21January __________, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVANVALERITAS HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Valeritas Holdings Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21May 15, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVANMYND ANALYTICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (MYnd Analytics, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21February 28, 2020 (the “Common Stock Purchase Agreement”), by and between NOVANMARKER THERAPEUTICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Xxxxxxx Xxxxxxxx Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Marker Therapeutics, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21March 3, 2020 (the “Common Stock Purchase Agreement”), by and between NOVANREMARK HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Kai-Xxxxx Xxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Remark Holdings, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21May 25, 2020 2016 (the “Common Stock Purchase Agreement”), by and between NOVAN, ATOSSA GENETICS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Kxxx Xxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Atossa Genetics Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21September 8, 2020 2016 (the “Common Stock Purchase Agreement”), by and between NOVAN, CERECOR INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cerecor Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21, 2020 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC.DYNAVAX TECHNOLOGIES CORPORATION, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company LLC (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Dynavax Technologies Corp)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21August 13, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVANOCEAN POWER TECHNOLOGIES, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Ocean Power Technologies, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21October 14, 2020 2016 (the “Common Stock Purchase Agreement”), by and between NOVAN, CERULEAN PHARMA INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxxxx Xxxxxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his her capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cerulean Pharma Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21May 26, 2020 2015 (the “Common Stock Purchase Agreement”), by and between NOVAN, ATOSSA GENETICS INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Five Million Dollars ($30,000,00025,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Kxxx Xxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Atossa Genetics Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21June 11, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVANVALERITAS HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-One Million Dollars ($30,000,00021,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, __---------------------_______________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Valeritas Holdings Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21December 14, 2020 2010, (the “Common Stock Purchase Agreement”), by and between NOVANCARDICA, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company LLC (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxx X. Xxxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cardica Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k7(l) of that certain Common Stock Purchase Agreement dated as of July 21April __________, 2020 2016 (the “Common Stock Purchase Agreement”), by and between NOVANURANIUM RESOURCES, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twelve Million Dollars ($30,000,00012,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, __­­­­­­­­­­­­­­­­­­­­­_______________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Uranium Resources Inc /De/)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21February 19, 2020 2019 (the “Common Stock Purchase Agreement”), by and between NOVANRECRO PHARMA, INC., a Delaware Pennsylvania corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Recro Pharma, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21_____ __, 2020 (the “Common Stock Purchase 2013(“Purchase Agreement”), by and between NOVANSOLIGENIX, INC., a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Ten Million Six Hundred Thousand Dollars ($30,000,00010,600,000) of the Company’s 's Common Stock, $0.001 par value $0.0001 per share (the "Common Stock"). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Purchase Agreement (Soligenix, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21May 1, 2020 2015 (the “Common Stock Purchase Agreement”), by and between NOVANNEOSTEM, INC.Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxx X. Xxxxxxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (NeoStem, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21March 29, 2020 2019 (the “Common Stock Purchase Agreement”), by and between NOVANREMARK HOLDINGS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Kai-Xxxxx Xxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Remark Holdings, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21March 14, 2020 2019 (the “Common Stock Purchase Agreement”), by and between NOVANBIONANO GENOMICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, in her capacity as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Bionano Genomics, Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21February , 2020 (the “Common Stock Purchase Agreement”), by and between NOVANCURIS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchsuch and not individually:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Curis Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21October 24, 2020 2011 (the “Common Stock Purchase Agreement”), by and between NOVANKIPS BAY MEDICAL, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Kips Bay Medical, Inc.)

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FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21February 1, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVANATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty One Hundred Million Dollars ($30,000,000100,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxx (X.X.) Xxxxxxx, as Jr., Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Athersys, Inc / New)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k7(j) of that certain Common Stock Purchase Agreement dated as of July 21August 25, 2020 2014 (the “Common Stock Purchase Agreement”), by and between NOVANIBIO, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (iBio, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21March [•], 2020 2015 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC.CELLCEUTIX CORPORATION, a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as _ Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cellceutix CORP)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21November 9, 2020 2016 (the “Common Stock Purchase Agreement”), by and between NOVANREMARK MEDIA, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as _ Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Remark Media, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21November 29, 2020 2011 (the “Common Stock Purchase Agreement”), by and between NOVANCOMVERGE, INC.Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as _ Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Comverge, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21November 5, 2020 2008, (the “Common Stock Purchase Agreement”), by and between NOVANNEOGENOMICS, INC., a Delaware Nevada corporation (the “Company”) and ASPIRE FUSION CAPITAL FUNDFUND II, LLC, an Illinois limited liability company LLC (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Eight Million Dollars ($30,000,0008,000,000) of the Company’s 's Common Stock, par value $0.0001 0.001 per share (the "Common Stock"). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxx Xxxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Neogenomics Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21August 2, 2020 2011 (the “Common Stock Purchase Agreement”), by and between NOVAN, NUPATHE INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Million Dollars ($30,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________[ ], as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nupathe Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21August 3, 2020 2011 (the “Common Stock Purchase Agreement”), by and between NOVANENER1, INC.Inc., a Delaware Florida corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifty Million Dollars ($30,000,00050,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, ________________[NAME]_, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Ener1 Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21January 4, 2020 2017 (the “Common Stock Purchase Agreement”), by and between NOVAN, BIOVIE INC., a Delaware Nevada corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twelve Million Dollars ($30,000,00012,000,000) of the Company’s Common Stock, par value $0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxx Xxxxxxx, as Secretary of the Company, and not individuallyin her capacity as such, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Biovie Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21December 9, 2020 2010 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC.INTERNATIONAL STEM CELL CORPORATION, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company LLC (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Five Million Dollars ($30,000,00025,000,000) of the Company’s Common Stock, par value $0.0001 0.001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxx Xxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (International Stem Cell CORP)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k7(j) of that certain Common Stock Purchase Agreement dated as of July 21May 15, 2020 2015 (the “Common Stock Purchase Agreement”), by and between NOVANIBIO, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Exxxxxxxx Xxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (iBio, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21December 6, 2020 2016 (the “Common Stock Purchase Agreement”), by and between NOVANMYND ANALYTICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Ten Million Dollars ($30,000,00010,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (MYnd Analytics, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21December , 2020 (the “Common Stock Purchase 2013(“Purchase Agreement”), by and between NOVAN, INC.INTERNATIONAL STEM CELL CORPORATION, a Delaware corporation (the “Company”) and ASPIRE LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company LLC (the “BuyerInvestor”), pursuant to which the Company may sell to the Buyer Investor up to Thirty Ten Million Two Hundred Fifty Thousand Dollars ($30,000,00010,250,000) of the Company’s Common Stock, $0.001 par value $0.0001 per share (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxx Xxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Purchase Agreement (International Stem Cell CORP)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21, 2020 2013 (the “Common Stock Purchase Agreement”), by and between NOVANBG MEDICINE, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twelve Million Dollars ($30,000,00012,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (BG Medicine, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21August __, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVAN, INC.CELSION CORPORATION, a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Fifteen Million Dollars ($30,000,00015,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxx X. Xxxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Celsion CORP)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21October 17, 2020 2017 (the “Common Stock Purchase Agreement”), by and between NOVANPARKERVISION, INC., a Delaware Florida corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, __---------------------_______________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Parkervision Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21August 14, 2020 2017 (the “Common Stock Purchase Agreement”), by and between NOVANCANCER GENETICS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Sixteen Million Dollars ($30,000,00016,000,000) of the Company’s Common Stock, par value $0.0001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as _ Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cancer Genetics, Inc)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21September 28, 2020 2011 (the “Common Stock Purchase Agreement”), by and between NOVANNEOSTEM, INC.Inc., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxxxx X. Xxxxx, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as suchfollows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (NeoStem, Inc.)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21October 22, 2020 2013 (the “Common Stock Purchase Agreement”), by and between NOVANATHERSYS, INC., a Delaware corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty-Five Million Dollars ($30,000,00025,000,000) of the Company’s Common Stock, par value $0.0001 0.001 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________Xxxxxxx (X.X.) Xxxxxxx, as Jr., Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Athersys, Inc / New)

FORM OF SECRETARY’S CERTIFICATE. This Secretary’s Certificate (the “Certificate”) is being delivered pursuant to Section 7(k) of that certain Common Stock Purchase Agreement dated as of July 21March 2, 2020 2018 (the “Common Stock Purchase Agreement”), by and between NOVANRECRO PHARMA, INC., a Delaware Pennsylvania corporation (the “Company”) and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”), pursuant to which the Company may sell to the Buyer up to Thirty Twenty Million Dollars ($30,000,00020,000,000) of the Company’s Common Stock, par value $0.0001 0.01 (the “Common Stock”). Terms used herein and not otherwise defined shall have the meanings ascribed to them in the Common Stock Purchase Agreement. The undersigned, _________________, as Secretary of the Company, and not individually, hereby certifies as follows in his capacity as such, hereby certifies as follows:

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Recro Pharma, Inc.)

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