Common use of The Shares Clause in Contracts

The Shares. The Company has duly authorized and reserved for issuance, and covenants to continue to reserve 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.

Appears in 16 contracts

Samples: Common Stock Purchase Agreement (Isis Pharmaceuticals Inc), Common Stock Purchase Agreement (Pharmacyclics Inc), Common Stock Purchase Agreement (Acusphere Inc)

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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

Samples: Common Stock Purchase Agreement (Sun Communities Inc), Common Stock Purchase Agreement (Durect Corp), Common Stock Purchase Agreement (Medis Technologies LTD)

The Shares. The Company has duly or will have authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve for issuanceonce reserved, 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 connection with the exercise of the Warrant, prior to the issuance to the Purchaser of such Shares under this Agreement and the Warrant.

Appears in 11 contracts

Samples: Share Purchase Agreement (Highest Performances Holdings Inc.), Share Purchase Agreement (ReAlpha Asset Management Inc), Share Purchase Agreement (7GC & Co. Holdings Inc.)

The Shares. The Company has duly or will have authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve for issuanceonce reserved, 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 connection with all Draw Downs requested under this Agreement, and to be issued in connection with the exercise of all Fixed Requests and Optional Amounts the Warrant, prior to the issuance to the Purchaser of such Shares under this Agreement.

Appears in 6 contracts

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

The Shares. The Company has duly or will have authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve for issuanceonce reserved, 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 connection with all Draw Downs requested under this Agreement and to be issued in connection with the exercise of all Fixed Requests and Optional Amounts the Warrants, in any case prior to the issuance to the Purchaser of such Shares under this Agreement.

Appears in 3 contracts

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

The Shares. The Company has duly or will have authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve for issuanceonce reserved, 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 connection with all Draw Downs requested under this Agreement prior to the issuance to the Purchaser of all Fixed Requests and Optional Amounts such Shares under this Agreement.

Appears in 3 contracts

Samples: 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 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

Samples: Common Stock Purchase Agreement (Arena Pharmaceuticals Inc)

The Shares. The Company has shall duly authorized authorize and reserved for issuance, and covenants to continue to reserve 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.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Titan Pharmaceuticals Inc)

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The Shares. The Company has duly or will have authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve for issuanceonce reserved, 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.

Appears in 1 contract

Samples: Private Placement Purchase Agreement (Cyclone Power Technologies 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 1 contract

Samples: Common Share Purchase Agreement (Xoma LTD /De/)

The Shares. Section 1.4 . 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 1 contract

Samples: Common Share Purchase Agreement (Xoma LTD /De/)

The Shares. The Company has duly or will have authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve for issuanceonce reserved, 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 connection with all Draw Downs requested under this Agreement prior to the issuance to the Purchaser of all Fixed Requests and Optional Amounts such Shares under this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Amtd Idea Group)

The Shares. The Company has duly or will have authorized and reserved for issuancehas or will have reserved, and covenants to continue to so reserve for issuanceonce reserved, 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 connection with the exercise of the Warrant, prior to the issuance to the Purchaser of such Shares under this Agreement or the Warrant, as applicable.

Appears in 1 contract

Samples: Share Purchase Agreement (Cytocom, Inc.)

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