Common use of Use of Proceeds Clause in Contracts

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 195 contracts

Samples: Securities Purchase Agreement (Kartoon Studios, Inc.), Securities Purchase Agreement (Kartoon Studios, Inc.), Securities Purchase Agreement (U.S. Gold Corp.)

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Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables Indebtedness as defined in the ordinary course of the Company’s business and prior practices)Note, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations, or (d) to lend money, give credit, or make advances to any officers, directors, employees or affiliates of the Company.

Appears in 38 contracts

Samples: Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.)

Use of Proceeds. The Except as set forth on Schedule 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 38 contracts

Samples: Securities Purchase Agreement (Advanced Battery Technologies, Inc.), Securities Purchase Agreement (Jayhawk Energy, Inc.), Securities Purchase Agreement (Vlov Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 38 contracts

Samples: Securities Purchase Agreement (Jaws Technologies Inc /Ny), Secured Convertible Debenture Purchase Agreement (Accord Advanced Technologies Inc), Securities Purchase Agreement (Spatialight Inc)

Use of Proceeds. The Except as set forth on Schedule 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 33 contracts

Samples: Securities Purchase Agreement (Cryoport, Inc.), Securities Purchase Agreement (North American Technologies Group Inc /Tx/), Securities Purchase Agreement (Msgi Security Solutions, Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 25 contracts

Samples: Securities Purchase Agreement (PAVmed Inc.), Subscription Agreement (NTN Buzztime Inc), Securities Purchase Agreement (Alliance MMA, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 24 contracts

Samples: Securities Purchase Agreement (Cocrystal Pharma, Inc.), Securities Purchase Agreement (INVO Bioscience, Inc.), Securities Purchase Agreement (Super League Gaming, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (cb) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 24 contracts

Samples: Joinder Agreement (Codesmart Holdings, Inc.), Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (Parkervision Inc)

Use of Proceeds. The Company shall will use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and accrued expenses in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of or to redeem any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Adstar Inc), Securities Purchase Agreement (China Packaging Group Inc.), Securities Purchase Agreement (Asian Financial Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Sunworks, Inc.), Securities Purchase Agreement (Arcturus Therapeutics Holdings Inc.), Stock Purchase Agreement (Destination Xl Group, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder solely for general working capital purposes and purposes. Without limiting the foregoing, none of such proceeds shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices)be used, directly or indirectly, (bi) for the redemption of any Common Stock securities of the Company or Common Stock Equivalents(ii) with respect to any litigation involving the Company or any of its Subsidiaries (including, without limitation, (cx) for any settlement thereof or (y) the settlement payment of any outstanding litigation costs or (d) in violation of FCPA or OFAC regulationsexpenses related thereto).

Appears in 21 contracts

Samples: Securities Purchase Agreement (Paragon Shipping Inc.), Securities Purchase Agreement (Paragon Shipping Inc.), Securities Purchase Agreement (Freeseas Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 18 contracts

Samples: Common Stock Purchase Agreement (Odyssey Group International, Inc.), Securities Purchase Agreement (Pladeo Corp.), Securities Purchase Agreement (China Green Material Technologies, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables payables, capital lease obligations, and accrued expenses in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 16 contracts

Samples: Securities Purchase Agreement (Summus Inc Usa), Securities Purchase Agreement (Smartire Systems Inc), Securities Purchase Agreement (Dot Hill Systems Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceedsproceed: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 14 contracts

Samples: Securities Purchase Agreement (LabStyle Innovations Corp.), Securities Purchase Agreement (DarioHealth Corp.), Securities Purchase Agreement (DarioHealth Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and accrued expenses in the ordinary course of the Company’s business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Azco Mining Inc), Securities Purchase Agreement (Ipix Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Aspira Women's Health Inc.), Securities Purchase Agreement (Athersys, Inc / New), Securities Purchase Agreement (Athersys, Inc / New)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working general corporate purposes including, but not limited to, growth initiatives and capital purposes expenditures, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 11 contracts

Samples: Unit Purchase Agreement (BioSig Technologies, Inc.), Unit Purchase Agreement (Relmada Therapeutics, Inc.), Unit Purchase Agreement (FTE Networks, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Flewber Global Inc.), Securities Purchase Agreement (Flewber Global Inc.), Securities Purchase Agreement (Flewber Global Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables payables, capital lease obligations and accrued expenses in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 8 contracts

Samples: Note and Warrant Purchase Agreement (Americana Publishing Inc), Securities Purchase Agreement (Visijet Inc), Securities Purchase Agreement (Usurf America Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 8 contracts

Samples: Securities Purchase Agreement (EZGO Technologies Ltd.), Securities Purchase Agreement (Benitec Biopharma LTD/ADR), Securities Purchase Agreement (EZGO Technologies Ltd.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (XTL Biopharmaceuticals LTD), Form of Securities Purchase Agreement (Lizhi Inc.), Securities Purchase Agreement (Can-Fite BioPharma Ltd.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Luokung Technology Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: the proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 6 contracts

Samples: Unit Purchase Agreement (Protea Biosciences Group, Inc.), Unit Purchase Agreement (Protea Biosciences Group, Inc.), Unit Purchase Agreement (Medovex Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC the Office of Foreign Assets Control of the U.S. Department of the Treasury regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Brooklyn ImmunoTherapeutics, Inc.), Securities Purchase Agreement (Synthesis Energy Systems Inc), Securities Purchase Agreement (Snail, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Tanzanian Gold Corp), Securities Purchase Agreement (Vision Marine Technologies Inc.), Securities Purchase Agreement (U.S. Gold Corp.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of to redeem any Common Stock or Common Stock Equivalents, (c) for the settlement of Equivalents or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Emagin Corp), Securities Purchase Agreement (Pro Pharmaceuticals Inc), Securities Purchase Agreement (VIASPACE Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulations, or (c) to lend money, give credit, or make advances to any officers, directors, employees or affiliates of the Company including family members of the foregoing, except for routine travel advances.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (cbdMD, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for general corporate purposes, which may include repayment of principal on the Company’s indebtedness, capital expenditures, and funding its working capital purposes and needs, but shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Creative Realities, Inc.), Securities Purchase Agreement (Momentus Inc.)

Use of Proceeds. The Company shall intends to use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s long-term debt (other than payment of trade payables payables, interest payments and accrued expenses, or settlement of intercompany balances in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of or to redeem any Common Stock or Common Stock Equivalents, (c) for other securities of the settlement of Company or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationsAction.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Armen Garo H), Securities Purchase Agreement (Antigenics Inc /De/)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) proceeds for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of or to redeem any Common Stock or Common Stock Equivalents, (c) for the settlement of Equivalents or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 5 contracts

Samples: Securities Purchase Agreement (PreMD Inc.), Securities Purchase Agreement (Nile Therapeutics, Inc.), Securities Purchase Agreement (Lpath, Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (China Valves Technology, Inc), Securities Purchase Agreement (China Valves Technology, Inc), Securities Purchase Agreement (China Valves Technology, Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation litigation, or (dc) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Siyata Mobile Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Dataram Corp), Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase Agreement (Fresh Healthy Vending International, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Units hereunder for working capital purposes and lawful business purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Ebang International Holdings Inc.), Securities Purchase Agreement (Tian Ruixiang Holdings LTD), Securities Purchase Agreement (Ebang International Holdings Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables and accrued expenses in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 5 contracts

Samples: Document Securities Purchase Agreement (Avi Biopharma Inc), Securities Purchase Agreement (Earthshell Corp), Securities Purchase Agreement (Hyseq Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and lawful business purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Ebang International Holdings Inc.), Securities Purchase Agreement (Aptorum Group LTD), Securities Purchase Agreement (Aptorum Group LTD)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; or (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Microbot Medical Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working general corporate purposes including, but not limited to, growth initiatives and capital purposes expenditures, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), or (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than as set forth on Schedule 4.7 and other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Qualigen Therapeutics, Inc.), Form of Securities Purchase Agreement (Motus GI Holdings, Inc.), Securities Purchase Agreement (Qualigen Therapeutics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as described in the Registration Statement and the Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Cingulate Inc.), Securities Purchase Agreement (Cingulate Inc.), Securities Purchase Agreement (Cingulate Inc.)

Use of Proceeds. The Except as set forth in the Pricing Prospectus and Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Ra Medical Systems, Inc.), Securities Purchase Agreement (Ra Medical Systems, Inc.), Securities Purchase Agreement (Ra Medical Systems, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables and accrued expenses in the ordinary course of the Company’s 's business and consistent with prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Lynx Therapeutics Inc), Securities Purchase Agreement (Lynx Therapeutics Inc), Securities Purchase Agreement (Lynx Therapeutics Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth in the Pricing Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Longeveron Inc.), Securities Purchase Agreement (Bluejay Diagnostics, Inc.), Securities Purchase Agreement (Bluejay Diagnostics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and accrued expenses in the ordinary course of the Company’s business and prior practices), (b) for the redemption of to redeem any Common Stock or Common Stock Equivalents, (c) for the settlement of Equivalents or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationsAction.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Emerge Interactive Inc), Securities Purchase Agreement (Emerge Interactive Inc), Securities Purchase Agreement (Emerge Interactive Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of the FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Axxess Pharma Inc.), Securities Purchase Agreement (Rightscorp, Inc.), Securities Purchase Agreement (Soul & Vibe Interactive Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) proceeds for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of or to redeem any Common Stock or Common Stock Equivalents, (c) for the settlement of Equivalents or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 4 contracts

Samples: Securities Purchase Agreement (NewStar Financial, Inc.), Securities Purchase Agreement (Cougar Biotechnology, Inc.), Securities Purchase Agreement (Corsair Capital LLC)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 4 contracts

Samples: Escrow Agreement (Valde Connections Inc), Securities Purchase Agreement (Large Scale Biology Corp), Purchase Agreement (Cambridge Heart Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as described in the Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Soligenix, Inc.), Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.), Securities Purchase Agreement (Soligenix, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulationsregulations of the Office of Foreign Assets Control of the U.S. Treasury Department.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Agenus Inc), Stock Purchase Agreement (Agenus Inc), Stock Purchase Agreement (Incyte Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices)debt, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (China HGS Real Estate Inc.), Securities Purchase Agreement (BAIYU Holdings, Inc.), Securities Purchase Agreement (Future FinTech Group Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth in the Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (FibroBiologics, Inc.), Securities Purchase Agreement (Nanosphere Inc), Securities Purchase Agreement (Nanosphere Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares and Warrants hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than (i) debt outstanding as of the date hereof, as disclosed in the SEC Reports, and (ii) payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Biofrontera Inc.), Securities Purchase Agreement (Cellectar Biosciences, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices)debt, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Precipio, Inc.), Securities Purchase Agreement

Use of Proceeds. The Company shall currently intends to use the net proceeds from the sale of the Securities Shares hereunder for general corporate and working capital purposes and purposes. The Company shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Share Purchase Agreement (Sintx Technologies, Inc.), Share Purchase Agreement (Sintx Technologies, Inc.), Share Purchase Agreement (Sintx Technologies, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the --------------- sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 4 contracts

Samples: Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America Inc), Securities Purchase Agreement (Aquatic Cellulose International Corp), Convertible Preferred Stock Purchase Agreement (Dataware Technologies Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Units hereunder for working capital purposes and the Company shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock Stock, preferred stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Aspen Group, Inc.), Securities Purchase Agreement (Aspen Group, Inc.), Securities Purchase Agreement (Aspen Group, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (InMed Pharmaceuticals Inc.), Securities Purchase Agreement (InMed Pharmaceuticals Inc.), Securities Purchase Agreement (InMed Pharmaceuticals Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and for the expenses of this offering and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (CLS Holdings USA, Inc.), Securities Purchase Agreement (CLS Holdings USA, Inc.), Securities Purchase Agreement (Epic Stores Corp.)

Use of Proceeds. The Company shall use the net cash proceeds from the sale of the Purchased Securities hereunder for the Company’s working capital purposes needs and shall not use such proceeds: (a) proceeds for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of or to redeem any Common Stock or Common Stock Equivalents, (c) for the settlement of Equivalents or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Secured Convertible Note Purchase Agreement (Ebix Inc), Convertible Note Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Secured Convertible Note Purchase Agreement (GeoPharma, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and other liabilities arising in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ImmunityBio, Inc.), Securities Purchase Agreement (ImmunityBio, Inc.), Securities Purchase Agreement (ImmunityBio, Inc.)

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Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares and Warrants hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Anthera Pharmaceuticals Inc), Securities Purchase Agreement (Raptor Pharmaceutical Corp), Securities Purchase Agreement (Raptor Pharmaceutical Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder in accordance with the Business Plan for working capital purposes purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of or to redeem any Common Stock Ordinary Shares or Common Stock Ordinary Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Share Purchase Agreement (Lieberman Martin), Share Purchase Agreement (Tefron LTD), Share Purchase Agreement (Tefron LTD)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for capital expenditures and working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of to redeem any Common Stock or Common Stock Equivalents, (c) for the settlement of Equivalents or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (North American Technologies Group Inc /Tx/), Securities Purchase Agreement (Foldera, Inc), Securities Purchase Agreement (North American Technologies Group Inc /Tx/)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth in the Prospectus, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations or similar applicable regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Nxu, Inc.), Securities Purchase Agreement (Nxu, Inc.), Securities Purchase Agreement (Nxu, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and other general corporate purposes and but shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation Equivalents or (db) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Intercontinental Exchange, Inc.), Form of Securities Purchase Agreement (Bakkt Holdings, Inc.), Form of Securities Purchase Agreement (Bakkt Holdings, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Presto Automation Inc.), Securities Purchase Agreement (Presto Automation Inc.), Securities Purchase Agreement (Presto Automation Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulations, or (c) to lend money, give credit, or make advances to any officers, directors, employees or affiliates of the Company.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Innovative Payment Solutions, Inc.), Securities Purchase Agreement (Innovative Payment Solutions, Inc.), Securities Purchase Agreement (Innovative Payment Solutions, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (DiaMedica Therapeutics Inc.), Securities Purchase Agreement (DiaMedica Therapeutics Inc.), Securities Purchase Agreement (Auris Medical Holding AG)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as provided in the Registration Statement and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Salarius Pharmaceuticals, Inc.), Securities Purchase Agreement (Clearside Biomedical, Inc.)

Use of Proceeds. The Except as set forth on Schedule 6.11 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Unit Purchase Agreement (Aethlon Medical Inc), Unit Purchase Agreement (Actinium Pharmaceuticals, Inc.), Unit Purchase Agreement (Aethlon Medical Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Verb Technology Company, Inc.), Securities Purchase Agreement (Englobal Corp), Securities Purchase Agreement (Englobal Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and accrued expenses in the ordinary course of the Company’s business and prior practices), (b) for to redeem any capital stock of the redemption of any Common Stock Company or Common Stock Equivalents, (c) for the settlement of to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationsAction.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Valentis Inc), Securities Purchase Agreement (Valentis Inc), Securities Purchase Agreement (Valentis Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than the payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Arch Therapeutics, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder pursuant to the Transaction Documents for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Placement Agency Agreement (Aytu Bioscience, Inc), Co Placement Agency Agreement (Soliton, Inc.), Co Placement Agency Agreement (Soliton, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (AtheroNova Inc.), Securities Purchase Agreement (AtheroNova Inc.), Form of Securities Purchase Agreement (GTC Biotherapeutics Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables payables, accrued expenses and amounts due to employees or contractors in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (authID Inc.), Securities Purchase Agreement (authID Inc.), Exchange Agreement (authID Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for or to redeem any securities of the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationsCompany.

Appears in 3 contracts

Samples: Equity Line Purchase Agreement (Health Sciences Group Inc), Equity Line Purchase Agreement (Jag Media Holdings Inc), Equity Line Purchase Agreement (Jagnotes Com)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and the Company shall not use such proceeds: proceeds for (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicesbusiness), (b) for the redemption of any Common Stock Stock, preferred stock or Common Stock Equivalents, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Alliqua, Inc.), Securities Purchase Agreement (Alliqua, Inc.), Securities Purchase Agreement (China Health Resource, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general corporate purposes, and shall not use such proceeds: (a) for the satisfaction of any other portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Theralink Technologies, Inc.), Securities Purchase Agreement (Theralink Technologies, Inc.), Securities Purchase Agreement (Theralink Technologies, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as provided in the Registration Statement and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Addex Therapeutics Ltd.), Securities Purchase Agreement (Addex Therapeutics Ltd.), Securities Purchase Agreement (Addex Therapeutics Ltd.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables payables, payments under existing memoranda of understanding between the Company and certain of its suppliers and related notes payable, capital lease obligations, and accrued expenses in the ordinary course of the Company’s business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Exabyte Corp /De/), Securities Purchase Agreement (Exabyte Corp /De/)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulationsregulations of the Office of Foreign Assets Control of the U.S. Treasury Department.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Syros Pharmaceuticals, Inc.), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and purposes. The net proceeds shall not use such proceedsbe used for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ) or (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Immune Pharmaceuticals Inc), Securities Purchase Agreement (Stemtech Corp)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) to pay any dividends on any of the Company’s capital stock, (d) for the settlement of any outstanding litigation or (de) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nephros Inc), Stock Purchase Agreement (Nephros Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (GRI BIO, Inc.), Securities Purchase Agreement (GRI BIO, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes general corporate purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationsOFAC.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ECO Building Products, Inc.), Securities Purchase Agreement (ECO Building Products, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for the working capital purposes described in the Registration Statement and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ominto, Inc.), Securities Purchase Agreement (Ominto, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables payables, capital lease obligations, and accrued expenses in the ordinary course of the Company’s business and prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Path 1 Network Technologies Inc), Securities Purchase Agreement (Path 1 Network Technologies Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and accrued expenses in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalents, (c) for the settlement of equity-equivalent securities or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Entremed Inc), Securities Purchase Agreement (Entremed Inc)

Use of Proceeds. The Except as set forth in the Registration Statement or the Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital or general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Transwitch Corp /De), Securities Purchase Agreement (Transwitch Corp /De)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for general corporate and working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (ShiftPixy, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general corporate purposes. The Company shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Share or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (IIOT-OXYS, Inc.), Securities Purchase Agreement (IIOT-OXYS, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicespractices including any required monthly cash payment pursuant to the Yorkville Agreement), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Celularity Inc), Securities Purchase Agreement (Celularity Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for general working capital purposes purposes, and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (MGT Capital Investments Inc), Securities Purchase Agreement (MGT Capital Investments Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicesoutstanding payables), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (VirnetX Holding Corp), Securities Purchase Agreement (Biomoda Inc/Nm)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (ai) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables payables, and accrued expenses in the ordinary course of the Company’s business and prior practices), (bii) for the redemption of to redeem any Common Stock Company equity or Common Stock Equivalentsequity-equivalent securities, or (ciii) for the settlement of to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Securities Purchase Agreement (International Isotopes Inc), Securities Purchase Agreement (International Isotopes Inc)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes or in connection with potential future acquisitions and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (IDI, Inc.), Securities Purchase Agreement (Cogint, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Synaptogenix, Inc.), Securities Purchase Agreement (Synaptogenix, Inc.)

Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any to redeem Common Stock or Common Stock Equivalents, (c) for the settlement of Equivalents or to settle any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.

Appears in 2 contracts

Samples: Registration Rights Agreement (Harvey Electronics Inc), Securities Purchase Agreement (Stackpole David Andrew)

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