Common use of Unconditional Contract Clause in Contracts

Unconditional Contract. Notwithstanding any other provision in this Agreement, the Company and the Investor acknowledge and agree that upon the Investor’s receipt of a valid Advance Notice the parties shall be deemed to have entered into an unconditional contract binding on both parties for the purchase and sale of Advance Shares pursuant to such Advance Notice in accordance with the terms of this Agreement and (i) subject to Applicable Laws and (ii) subject to Section 7.18 (Selling Restrictions), the Investor may sell Common Shares during the Pricing Period that that Investor is unconditionally obligated to purchase under a pending Advance Notice but has not yet received from the Company or the transfer agent pursuant to this Agreement.

Appears in 4 contracts

Sources: Standby Equity Purchase Agreement (REZOLVE AI LTD), Standby Equity Purchase Agreement (REZOLVE AI LTD), Standby Equity Purchase Agreement (Armada Acquisition Corp. I)

Unconditional Contract. Notwithstanding any other provision in this Agreement, the Company and the Investor acknowledge and agree that upon the Investor’s receipt of a valid Advance Notice from the parties Company, the Parties shall be deemed to have entered into an unconditional contract binding on both parties Parties for the purchase and sale of the applicable number of Advance Shares pursuant to such Advance Notice in accordance with the terms of this Agreement and (i) subject to Applicable Laws and (ii) subject to the terms of Section 7.18 (Selling Restrictions)3.08, the Investor may sell Common Shares during the Pricing Period that that Investor is unconditionally obligated to purchase under a pending for such Advance Notice but has not yet received from the Company or the transfer agent pursuant (including with respect to this Agreementany Advance Shares subject to such Pricing Period).

Appears in 3 contracts

Sources: Standby Equity Purchase Agreement (Envirotech Vehicles, Inc.), Standby Equity Purchase Agreement (Applied Digital Corp.), Standby Equity Purchase Agreement (Brand Engagement Network Inc.)

Unconditional Contract. Notwithstanding any other provision in this Agreement, the Company and the Investor acknowledge and agree that that, upon the Investor’s receipt of a valid Advance Notice from the parties Company, the Parties shall be deemed to have entered into an unconditional contract binding on both parties Parties for the purchase and sale of the applicable number of Advance Shares pursuant to such Advance Notice in accordance with the terms of this Agreement and and, (i) subject to Applicable Laws and (ii) subject to Section 7.18 (Selling Restrictions)3.10, the Investor may sell Common Shares during the Pricing Period that that Investor is unconditionally obligated to purchase under a pending for such Advance Notice but has not yet received from the Company or the transfer agent pursuant (including with respect to this Agreementany Advance Shares subject to such Pricing Period).

Appears in 3 contracts

Sources: Equity Subscription Agreement (BioSig Technologies, Inc.), Standby Equity Purchase Agreement (Quantum Corp /De/), Standby Equity Purchase Agreement (Quantum Corp /De/)

Unconditional Contract. Notwithstanding any other provision in this Agreement, the Company and the Investor acknowledge and agree that upon the Investor’s receipt of a valid Advance Notice from the parties Company the Parties shall be deemed to have entered into an unconditional contract binding on both parties Parties for the purchase and sale of the applicable number of Advance Shares pursuant to such Advance Notice in accordance with the terms of this Agreement and (i) subject to Applicable Laws and (ii) subject to Section 7.18 (Selling Restrictions)the terms of ‎Section 3.08 and ‎Section 6.18, the Investor may sell Common Ordinary Shares during the Pricing Period that that Investor is unconditionally obligated to purchase under a pending for such Advance Notice but has not yet received from the Company or the transfer agent pursuant (including with respect to this Agreementany Advance Shares subject to such Pricing Period).

Appears in 2 contracts

Sources: Standby Equity Purchase Agreement (ZOOZ Power Ltd.), Standby Equity Purchase Agreement (ZOOZ Power Ltd.)