Sufficient Shares Registered for Resale. The Company shall have sufficient Shares, calculated using the closing trade price of the Common Stock as of the Trading Day immediately preceding such Draw Down Notice, registered under the Registration Statement to issue and sell such Shares in accordance with such Draw Down Notice.
Appears in 29 contracts
Samples: Common Stock Purchase Agreement (Cell Genesys Inc), Common Stock Purchase Agreement (Santarus Inc), Common Stock Purchase Agreement (Oxigene Inc)
Sufficient Shares Registered for Resale. The Company shall have sufficient Shares, calculated using the closing trade price Closing Price of the Common Stock as of the Trading Day immediately preceding such the applicable Draw Down Notice, registered under the Registration Statement to issue and sell such Shares in accordance with such Draw Down Notice.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Electro Optical Sciences Inc /Ny), Common Stock Purchase Agreement (Neurocrine Biosciences Inc), Common Stock Purchase Agreement (Acadia Pharmaceuticals Inc)
Sufficient Shares Registered for Resale. The Company shall have sufficient Shares, calculated using the closing trade price Closing Price of the Common Stock as of the Trading Day immediately preceding such Draw Down Notice, registered under the Registration Statement to issue and sell such Shares in accordance with such Draw Down Notice.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Favrille Inc), Common Stock Purchase Agreement (Cell Genesys Inc), Common Stock Purchase Agreement (Metabasis Therapeutics Inc)
Sufficient Shares Registered for Resale. The Company shall have sufficient Shares, calculated using the closing trade price of the Common Stock as of the Trading Day immediately preceding such Draw Down Notice, registered under the Registration Statement to issue and sell such the Shares purchased in accordance connection with such each Draw Down Notice.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
