Common use of The Shares Clause in Contracts

The Shares. The Company has or will have duly authorized and reserved for issuance, and covenants to continue to so reserve once reserved for issuance, free of all preemptive and other similar rights, at all times during the Investment Period, the requisite aggregate number of authorized but unissued shares of its Common Stock to timely effect the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of all Fixed Requests and Optional Amounts under this Agreement, in any case prior to the issuance to the Investor of such Shares.

Appears in 16 contracts

Sources: Common Stock Purchase Agreement (Omeros Corp), Common Stock Purchase Agreement (Synta Pharmaceuticals Corp), Common Stock Purchase Agreement (Sun Communities Inc)

The Shares. The Company has or will have duly authorized and reserved for issuance, and covenants to continue to so reserve once reserved for issuance, free of all preemptive and other similar rights, at all times during the Investment Period, the requisite aggregate number of authorized but unissued shares of its Common Stock to timely effect the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of all Fixed Requests and Optional Amounts under this Agreement, in any case prior to the issuance to the Investor of such Shares.

Appears in 16 contracts

Sources: Common Stock Purchase Agreement (Encysive Pharmaceuticals Inc), Common Stock Purchase Agreement (Solexa, Inc.), Common Stock Purchase Agreement (Pharmacyclics Inc)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of stockholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock Shares to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this Agreement, and to be issued in any case connection with the exercise of the Warrant, prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement and the Warrant.

Appears in 12 contracts

Sources: Share Purchase Agreement, Share Purchase Agreement (Highest Performances Holdings Inc.), Share Purchase Agreement (FibroBiologics Inc.)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of stockholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock Shares to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this Agreement, and to be issued in any case connection with the exercise of the Warrant, prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement.

Appears in 6 contracts

Sources: Share Purchase Agreement (Nxu, Inc.), Share Purchase Agreement (Nxu, Inc.), Share Purchase Agreement (Med-X, Inc.)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of stockholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this AgreementAgreement and to be issued in connection with the exercise of the Warrants, in any case prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement.

Appears in 3 contracts

Sources: Common Stock Purchase Agreement (VRDT Corp), Common Stock Purchase Agreement (Cyclone Power Technologies Inc), Common Stock Purchase Agreement (Max Sound Corp)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of shareholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock Shares to timely effect cover the issuance, sale Purchased Shares and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this Agreement, in any case Agreement prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement.

Appears in 3 contracts

Sources: Share Purchase Agreement (Surf Air Mobility Inc.), Share Purchase Agreement (Surf Air Mobility Inc.), Share Purchase Agreement (Surf Air Mobility Inc.)

The Shares. The Company has or will have duly authorized and reserved for issuance, and covenants to continue to so reserve once reserved for issuance, free of all preemptive and other similar rights, at all times during the Investment Period, the requisite aggregate number of authorized but unissued shares of its Common Stock Shares to timely effect the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of all Fixed Requests and Optional Amounts under this Agreement, in any case prior to the issuance to the Investor of such Shares.

Appears in 2 contracts

Sources: Common Share Purchase Agreement (Xoma LTD /De/), Common Share Purchase Agreement (Xoma LTD /De/)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of stockholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock Ordinary Shares to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this Agreement, in any case Agreement prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement.

Appears in 1 contract

Sources: Share Purchase Agreement (Amtd Idea Group)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of shareholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock Shares to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this Agreement, and to be issued in any case connection with the exercise of the Warrant, prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement and the Warrant.

Appears in 1 contract

Sources: Share Purchase Agreement (Zhibao Technology Inc.)

The Shares. The Company has or will have duly authorized and reserved for issuance, and covenants to continue to so reserve once reserved for issuance, free of all preemptive and other similar rights, at all times during the Investment Period, the requisite aggregate number of authorized but unissued shares of its Common Stock to timely effect the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of all Fixed Requests and Optional Amounts under this Agreement, in any case prior to the issuance to the Investor of such Shares.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Arena Pharmaceuticals Inc)

The Shares. (a) The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of stockholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock Shares to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this Agreement, and to be issued in any case connection with the exercise of the Warrant, prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement and the Warrant. (b) [Reserved]

Appears in 1 contract

Sources: Share Purchase Agreement (Global Health Solutions, Inc)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of stockholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of all Fixed Requests and Optional Amounts under connection with this Agreement, in any case prior to the issuance to the Investor of such Shares.

Appears in 1 contract

Sources: Private Placement Purchase Agreement (Cyclone Power Technologies Inc)

The Shares. The Company has or will have duly authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve once reserved for issuancereserved, free of all preemptive rights and other similar rightscontractual rights of stockholders, at all times during the Investment Period, the requisite aggregate a sufficient number of its authorized but unissued shares of its Common Stock Shares to timely effect cover the issuance, sale and delivery in full to the Investor of all Shares to be issued in respect of connection with all Fixed Requests and Optional Amounts Draw Downs requested under this Agreement, and to be issued in any case connection with the exercise of the Warrant, prior to the issuance to the Investor Purchaser of such SharesShares under this Agreement or the Warrant, as applicable.

Appears in 1 contract

Sources: Share Purchase Agreement (Cytocom, Inc.)