Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 11 contracts
Samples: Securities Purchase Agreement (TXCO Resources Inc), Securities Purchase Agreement (TXCO Resources Inc), Securities Purchase Agreement (Yieldup International Corp)
Initial Closing Date. The obligation of the Company each Buyer hereunder to issue and sell purchase the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Companyeach Buyer's sole benefit and may be waived by the Company such Buyer at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:
Appears in 9 contracts
Samples: Securities Purchase Agreement (Smart Choice Automotive Group Inc), Securities Purchase Agreement (Immunomedics Inc), Securities Purchase Agreement (Visual Data Corp)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares and the related Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Imaging Technologies Corp/Ca), Securities Purchase Agreement (Smart Choice Automotive Group Inc), Securities Purchase Agreement (Argosy Gaming Co)
Initial Closing Date. The obligation of the Company each Buyer hereunder to issue and sell purchase the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Companyeach Buyer's sole benefit and may be waived by the Company such Buyer at any time in its sole discretion by providing each Buyer the Company with prior written notice thereof:
Appears in 4 contracts
Samples: Securities Purchase Agreement (TXCO Resources Inc), Securities Purchase Agreement (TXCO Resources Inc), Securities Purchase Agreement (Ariad Pharmaceuticals Inc)
Initial Closing Date. The obligation of the Company hereunder to -------------------- issue and sell the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Medcare Technologies Inc), Securities Purchase Agreement (Data Race Inc), Securities Purchase Agreement (Medcare Technologies Inc)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes and the related Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aphton Corp), Securities Purchase Agreement (Viewpoint Corp/Ny/), Securities Purchase Agreement (Commtouch Software LTD)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes and the related Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 2 contracts
Samples: Securities Purchase Agreement (MFC Development Corp), Securities Purchase Agreement (MDwerks, Inc.)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares and the Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Netplex Group Inc), Securities Purchase Agreement (Log on America Inc)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares and the Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cyber Digital Inc), Securities Purchase Agreement (Wavo Corp)
Initial Closing Date. The obligation of the Company each Buyer hereunder to issue and sell purchase the Initial Preferred Shares to each Buyer and the Initial Warrants from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Companyeach Buyer's sole benefit and may be waived by the Company such Buyer at any time in its sole discretion by providing each Buyer the Company with prior written notice thereof:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Netplex Group Inc), Securities Purchase Agreement (Log on America Inc)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mills Corp), Securities Purchase Agreement (Mills Corp)
Initial Closing Date. The obligation of the Company Buyer hereunder to issue and sell purchase the Initial Preferred Shares to each Buyer from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the CompanyBuyer's sole benefit and may be waived by the Company Buyer at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mills Corp), Securities Purchase Agreement (Mills Corp)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes and the Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes and Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's ’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Converted Organics Inc.)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's ’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder -------------------- to issue and sell the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Advanced Tissue Sciences Inc)
Initial Closing Date. The obligation of the Company hereunder to -------------------- issue and sell the Initial Preferred Shares and the related Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes and the related Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's ’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Art Advanced Research Technologies Inc)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares to each Buyer Buyers at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's ’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Andrea Electronics Corp)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares and deliver the Warrants to purchase the Initial Warrant Shares to each Buyer Subscriber at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer Subscriber with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Common Shares and the related Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares and the Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Andrea Electronics Corp)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes and the related Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's ’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation obligations of the Company hereunder to issue consummate the purchase and sell sale of the Initial Preferred Shares to each Buyer at the Initial Closing is shall be subject to the satisfaction, at satisfaction on or before prior to the First Initial Closing Date or Second Initial Closing Date, as applicable, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Golden Minerals Co)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Inksure Technologies Inc.)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Units to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Tmci Electronics Inc)
Initial Closing Date. The obligation hereunder of the Company hereunder to issue and sell the Initial Preferred Shares to each Buyer at the Purchasers on the Initial Closing Date is subject to the satisfactionsatisfaction or waiver, at or before the Initial Closing DateClosing, of each of the following conditions, provided that these conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer Purchaser with prior written notice thereof:.
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Notes and the Initial Shares to each Buyer at the Initial Closing Closing, is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's ’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Gastar Exploration LTD)
Initial Closing Date. The obligation of the Company hereunder to issue and sell the Initial Preferred Shares Notes and Initial Warrants to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's ’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of the Company hereunder to issue and sell -------------------- the Initial Preferred Shares to each Buyer at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:
Appears in 1 contract
