Common use of Unconditional Contract Clause in Contracts

Unconditional Contract. Except as provided in Section 1.1.2 and 1.1.2(b), the Company and the Investor acknowledge and agree that upon the Investor’s receipt of a valid Regular Purchase Notice from the Company (including any Purchase Notice deemed delivered by the Company in connection with an Investor Notice), or upon the Parties’ mutual agreement upon an Intraday Purchase 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 Purchase Notice in accordance with the terms of this Agreement and (i) subject to Applicable Laws and (ii) subject to Section 5.18, the Investor may sell Ordinary Shares after receipt of an Purchase Notice, including during a Pricing Period. For the avoidance of doubt, the Investor may sell Ordinary Shares after its acceptance of an Intraday Purchase Notice and after receipt of a Regular Purchase Notice.

Appears in 2 contracts

Sources: Standby Equity Purchase Agreement (SMX (Security Matters) Public LTD Co), Standby Equity Purchase Agreement (SMX (Security Matters) Public LTD Co)

Unconditional Contract. Except as provided in Section 1.1.2 and 1.1.2(b), the Company and the Investor acknowledge and agree that upon the Investor’s receipt of a valid Regular Purchase Notice from the Company (including any Purchase Notice deemed delivered by the Company in connection with an Investor Notice), or upon the Parties’ mutual agreement upon an Intraday Purchase 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 Purchase Notice in accordance with the terms of this Agreement and (i) subject to Applicable Laws and (ii) subject to Section 5.18, the Investor may sell Ordinary Shares Common Stock after receipt of an a Purchase Notice, including during a Pricing Period. For the avoidance of doubt, the Investor may sell Ordinary Shares Common Stock after its acceptance of an Intraday Purchase Notice and after receipt of a Regular Purchase Notice.

Appears in 1 contract

Sources: Standby Equity Purchase Agreement (Vivakor, Inc.)