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 215 contracts
Samples: Securities Purchase Agreement (Aptevo Therapeutics Inc.), Securities Purchase Agreement (Focus Universal Inc.), Securities Purchase Agreement (Eastside Distilling, 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 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 (Marketing Worldwide Corp), Securities Purchase Agreement (Advanced Battery Technologies, Inc.), Securities Purchase Agreement (Jayhawk Energy, 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 (Daugherty Resources Inc), Convertible Preferred Stock Purchase Agreement (E Digital Corp), Securities Purchase Agreement (Fortel Inc /Ca/)
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 (uVuMobile, Inc), Securities Purchase Agreement (Pacific Gold Corp), Securities Purchase Agreement (uVuMobile, 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 (Orgenesis Inc.), Securities Purchase Agreement (Emerald Bioscience, Inc.), Securities Purchase Agreement (Alliance MMA, 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 25 contracts
Samples: Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (Parkervision 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: Form of Securities Purchase Agreement (Inuvo, Inc.), Securities Purchase Agreement (INVO Bioscience, Inc.), Securities Purchase Agreement (Orbital Energy Group, 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 22 contracts
Samples: Securities Purchase Agreement (XWELL, Inc.), Securities Purchase Agreement (ASP Isotopes Inc.), Securities Purchase Agreement (Sunworks, 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 (Freeseas Inc.), Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Freeseas 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 (Mitek Systems Inc), Securities Purchase Agreement (China Power Technology, Inc.), Securities Purchase Agreement (China Packaging 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 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 (Parkervision Inc), Securities Purchase Agreement (Parkervision 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 (Smartire Systems Inc), Securities Purchase Agreement (Dot Hill Systems Corp), Securities Purchase Agreement (Summus Inc Usa)
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 15 contracts
Samples: Securities Purchase Agreement (Inmune Bio, Inc.), Securities Purchase Agreement (Cibus, Inc.), Securities Purchase Agreement (Matinas BioPharma Holdings, 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 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 (DarioHealth 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 (Satcon Technology Corp), Securities Purchase Agreement (Introgen Therapeutics Inc), Securities Purchase Agreement (Global Epoint 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), (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 (Guerrilla RF, Inc.), Unit Purchase Agreement (Relmada Therapeutics, Inc.), Share Purchase Agreement (Relmada Therapeutics, 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 10 contracts
Samples: Securities Purchase Agreement (Virax Biolabs Group LTD), Securities Purchase Agreement (SunCar Technology Group Inc.), Securities Purchase Agreement (Portage Biotech 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 10 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 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 9 contracts
Samples: Securities Purchase Agreement (Incannex Healthcare Inc.), 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 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 (Usurf America 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 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 7 contracts
Samples: Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (Moleculin Biotech, 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 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 (Evaxion Biotech a/S), 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: (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) proceeds in violation of FCPA or OFAC regulations.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Zoomcar Holdings, Inc.), Securities Purchase Agreement (Aditxt, Inc.), Securities Purchase Agreement (Volcon, 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 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 6 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 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 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 (Hoth Therapeutics, Inc.), Unit Purchase Agreement (Medovex Corp.), Unit Purchase Agreement (Medovex Corp.)
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 5 contracts
Samples: Securities Purchase Agreement (FibroBiologics, Inc.), Securities Purchase Agreement (FibroBiologics, Inc.), Securities Purchase Agreement (Nanosphere 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 (Universal Display Corp \Pa\)
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 (Vision Marine Technologies Inc.), Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (U.S. Gold 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 5 contracts
Samples: Securities Purchase Agreement (BAIYU Holdings, Inc.), Securities Purchase Agreement (China HGS Real Estate Inc.), Securities Purchase Agreement (BAIYU Holdings, 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 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 5 contracts
Samples: Securities Purchase Agreement (Poet Technologies Inc.), Securities Purchase Agreement (DiaMedica Therapeutics Inc.), Securities Purchase Agreement (DiaMedica Therapeutics 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) 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: Purchase Agreement (Trim Holding Group), Securities Purchase Agreement (PreMD Inc.), Securities Purchase Agreement (Lehman Brothers Holdings 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 5 contracts
Samples: Stock Purchase Agreement (MiNK Therapeutics, 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 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: Escrow Agreement (Synthetic Blood International Inc), 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 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 5 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 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 (CTD Holdings Inc), Securities Purchase Agreement (Fresh Healthy Vending International, Inc.), Securities Purchase Agreement (Dataram 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 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 (International Stem Cell CORP), Securities Purchase Agreement (Fibrocell Science, 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 5 contracts
Samples: Securities Purchase Agreement (Thoughtful Media Group 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 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 (Tian Ruixiang Holdings LTD), 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 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 (Ebang International Holdings Inc.), 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 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 (cbdMD, Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech 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 (Momentus Inc.), Securities Purchase Agreement (Momentus 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 4 contracts
Samples: Placement Agency Agreement (MultiSensor AI Holdings, Inc.), Placement Agency Agreement (Aytu Bioscience, 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 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 litigation, or (d) in violation of FCPA or OFAC regulations.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Avinger 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 (Precipio, Inc.), Securities Purchase Agreement (Precipio, Inc.), Securities Purchase Agreement
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 (Cyclacel Pharmaceuticals, 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 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 practicespractices or as disclosed in the Registration Statement), (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 4 contracts
Samples: Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, 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 (Axxess Pharma Inc.), Securities Purchase Agreement (Rightscorp, 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 (Cougar Biotechnology, Inc.), Securities Purchase Agreement (NewStar Financial, Inc.), Securities Purchase Agreement (Cougar Biotechnology, Inc.)
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 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 4 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 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: Securities Purchase Agreement (Cambridge Heart Inc), Purchase Agreement (Cambridge Heart Inc), Escrow Agreement (Valde Connections 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 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 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: Form of Securities Purchase Agreement (Motus GI Holdings, Inc.), Securities Purchase Agreement (Qualigen Therapeutics, 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 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: Securities Purchase Agreement (Aquatic Cellulose International Corp), 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 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: Unit 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 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 Notes and the Securities hereunder for working capital purposes purposes, and shall not use such proceeds: be 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), (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 3 contracts
Samples: Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement (Marina Biotech, Inc.), Note and Warrant Purchase Agreement (MDRNA, 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 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 (Tefron LTD), Share Purchase Agreement (Tefron LTD), Share Purchase Agreement (Lieberman Martin)
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 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.)
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 3 contracts
Samples: Securities Purchase Agreement (Precision Optics Corporation, Inc.), 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 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 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 (Clearside Biomedical, Inc.), Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Salarius Pharmaceuticals, 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 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 (China Health Resource, Inc.), Securities Purchase Agreement (Alliqua, 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 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 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: Convertible Note Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Secured Convertible Note Purchase Agreement (Ebix 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 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 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 (Foldera, Inc), Securities Purchase Agreement (North American Technologies Group Inc /Tx/), Securities Purchase Agreement (North American Technologies Group Inc /Tx/)
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 (Actinium Pharmaceuticals, Inc.), Unit Purchase Agreement (Aethlon Medical Inc), Unit Purchase Agreement (Aethlon Medical 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 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 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 '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, or (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.
Appears in 3 contracts
Samples: And Warrant Purchase Agreement, Secured Convertible Bridge Note (Dataram Corp), Secured Convertible Bridge Note (Dataram 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 '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 (Jagnotes Com), Equity Line Purchase Agreement (Jag Media Holdings 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 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 (Englobal Corp), Securities Purchase Agreement (Englobal Corp), Securities Purchase Agreement (Verb Technology Company, Inc.)
Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and for strategic investments and 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 (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp)
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 as well for the satisfaction of any portion of the Company’s debt, 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, ; (cb) for the settlement of any outstanding litigation litigation; or (dc) in violation of FCPA or OFAC regulations or similar applicable regulations.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.)
Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Warrants 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 2 contracts
Samples: Securities Purchase Agreement (Therapix Biosciences Ltd.), Securities Purchase Agreement (Therapix Biosciences Ltd.)
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 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 2 contracts
Samples: Placement Agency Agreement (Vision Marine Technologies Inc.), Placement Agency Agreement (Vision Marine 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 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)
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 Shares hereunder for commercialization activities 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, or (cb) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationslitigation.
Appears in 2 contracts
Samples: Securities Purchase Agreement (My Size, Inc.), Securities Purchase Agreement (My Size, Inc.)
Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital capital, research, product development 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 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 2 contracts
Samples: Securities Purchase Agreement (Achillion Pharmaceuticals Inc), Securities Purchase Agreement (Achillion Pharmaceuticals Inc)
Use of Proceeds. Except 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 2 contracts
Samples: Securities Purchase Agreement (Oxis International Inc), Securities Purchase Agreement (Oxis International 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 scheduled payments of debt outstanding on the date of this Agreement and 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 (American Battery Metals Corp), Securities Purchase Agreement (KULR Technology Group, 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 (Stemtech Corp), Securities Purchase Agreement (Immune Pharmaceuticals Inc)
Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for an acquisition or 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 2 contracts
Samples: Securities Purchase Agreement (Silverstar Holdings LTD), Securities Purchase Agreement (Silverstar Holdings LTD)
Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall the conduct of the Company’s business, and 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 2 contracts
Samples: Common Stock Purchase Agreement (Avigen Inc \De), Common Stock Purchase Agreement (Avigen Inc \De)
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 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 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 in the ordinary course of the Company’s business and prior practices)Transaction Documents, (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 2 contracts
Samples: Securities Purchase Agreement (Integrated Media Technology LTD), Securities Purchase Agreement (Integrated Media Technology LTD)
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.)
