No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) the Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date, and (ii) the Shares to the Investor in respect of a Fixed Purchase on the Trading Day immediately following the applicable Fixed Purchase Date. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Star Alliance International Corp.), Common Stock Purchase Agreement (Life Clips, Inc.), Common Stock Purchase Agreement (Adial Pharmaceuticals, Inc.)
No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) the Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date, or such other day as described in Section 10.1 hereof and (ii) the Shares to the Investor in respect of a Fixed Purchase on the Trading Day immediately following the applicable Fixed Purchase Date. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Business Warrior Corp)
No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) the Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date, and (ii) the Shares to the Investor in respect of a Fixed Purchase on the Trading Day immediately following the applicable Fixed Purchase Date, and (iii) the Shares to the Investor in respect of a VWAP Purchase not later than the applicable VWAP Purchase Date. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Gaucho Group Holdings, Inc.)
