Common use of Qualifications, Legal Investment Clause in Contracts

Qualifications, Legal Investment. All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the shares to be issued pursuant to this Agreement shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the shares to be sold at such Closing shall have been issued and no proceedings for such purpose shall be pending or, to the best knowledge of the Company, threatened by the Securities and Exchange Commission, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the shares of Series E Stock to be sold thereat shall be legally permitted by all laws and regulations to which BD and the Company are subject.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)

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Qualifications, Legal Investment. All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the shares of Series E Stock to be sold and issued pursuant to this Agreement shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the such shares to be sold at such Closing shall have been issued and no proceedings for such purpose shall be pending or, to the best knowledge of the Company, threatened by the Securities and Exchange Commission, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the shares of Series E Stock to be sold thereat and issued at the Closing shall be legally permitted by all laws and regulations to which BD and the Company are subject.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)

Qualifications, Legal Investment. All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the shares of Series E Stock to be sold and issued pursuant to this Agreement shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the such shares to be sold at such Closing shall have been issued and no proceedings for such purpose shall be pending or, to the best knowledge of the Company, threatened by the Securities and Exchange Commission, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the shares of Series E Stock to be sold thereat and issued at the Closing shall be legally permitted by all laws and regulations to which BD PathoGenesis and the Company are subject.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aerogen Inc)

Qualifications, Legal Investment. All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the shares to be issued pursuant to this Agreement shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the shares to be sold at such Closing shall have been issued and no proceedings for such purpose shall be pending or, to the best knowledge of the Company, threatened by the Securities and Exchange Commission, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the shares of Series E Stock to be sold thereat shall be legally permitted by all laws and regulations to which BD PathoGenesis and the Company are subject.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aerogen Inc)

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Qualifications, Legal Investment. All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the shares to be issued pursuant to this Agreement shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the shares to be sold at such the Closing shall have been issued and no proceedings for such purpose shall be pending or, to the best their knowledge of the Company, threatened by the Securities and Exchange Commission, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the shares of Series E Stock to be sold thereat shall be legally permitted by all laws and regulations to which BD and the Company are subject.D Preferred

Appears in 1 contract

Samples: Stock Purchase Agreement (Megabios Corp)

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