Common use of Use of Proceeds Clause in Contracts

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 463 contracts

Samples: Securities Purchase Agreement (Calidi Biotherapeutics, Inc.), Securities Purchase Agreement (Calidi Biotherapeutics, Inc.), Securities Purchase Agreement (Monaker Group, Inc.)

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Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 173 contracts

Samples: Securities Purchase Agreement (Magnegas Corp), Securities Purchase Agreement (theMaven, Inc.), Securities Purchase Agreement (High Performance Beverages Co.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 33 contracts

Samples: Form of Securities Purchase Agreement (ReWalk Robotics Ltd.), Securities Purchase Agreement (NAKED BRAND GROUP LTD), Securities Purchase Agreement (Akari Therapeutics PLC)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, 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 32 contracts

Samples: Securities Purchase Agreement (Celsion CORP), Securities Purchase Agreement (Akers Biosciences, Inc.), Securities Purchase Agreement (Co-Diagnostics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, 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 30 contracts

Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Bridgeline Digital, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 25 contracts

Samples: Securities Purchase Agreement (Ensurge Inc), Securities Purchase Agreement (Xenonics Holdings, Inc.), Securities Purchase Agreement (American Lorain CORP)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure 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 litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 17 contracts

Samples: Securities Purchase Agreement (Color Star Technology Co., Ltd.), Securities Purchase Agreement (Huitao Technology Co., Ltd.), Securities Purchase Agreement (Urban Tea, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 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: (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 15 contracts

Samples: Securities Purchase Agreement (GeoVax Labs, Inc.), Securities Purchase Agreement (GeoVax Labs, Inc.), Securities Purchase Agreement (GeoVax Labs, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 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: (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 15 contracts

Samples: Securities Purchase Agreement (Digital Ally Inc), Securities Purchase Agreement (Vuzix Corp), Securities Purchase Agreement (Superconductor Technologies Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 14 contracts

Samples: Securities Purchase Agreement (Altamira Therapeutics Ltd.), Securities Purchase Agreement (NLS Pharmaceutics Ltd.), Securities Purchase Agreement (NLS Pharmaceutics Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder substantially for working capital the purposes set forth on Schedule 4.9 hereto and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (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 or (d) in violation of FCPA or OFAC regulations.

Appears in 13 contracts

Samples: Securities Purchase Agreement (XpresSpa Group, Inc.), Securities Purchase Agreement (GT Biopharma, Inc.), Securities Purchase Agreement (GT Biopharma, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 11 contracts

Samples: Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (BioLineRx Ltd.), Securities Purchase Agreement (TC BioPharm (Holdings) PLC)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 9 contracts

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

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure 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 shares of 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 9 contracts

Samples: Securities Purchase Agreement (AmpliTech Group, Inc.), Securities Purchase Agreement (Novo Integrated Sciences, Inc.), Securities Purchase Agreement (It Tech Packaging, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, 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 8 contracts

Samples: Securities Purchase Agreement (Mela Sciences, Inc. /Ny), Securities Purchase Agreement (Bio-Path Holdings Inc), Securities Purchase Agreement (Bio-Path Holdings Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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. The proceeds of the offering will be employed by the Company substantially for the purposes set forth on Schedule 4.9.

Appears in 7 contracts

Samples: Subscription Agreement (Ironwood Gold Corp.), Securities Purchase Agreement (Andalay Solar, Inc.), Securities Purchase Agreement (Andalay Solar, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin 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, (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 (PaxMedica, Inc.), Securities Purchase Agreement (Aclarion, Inc.), Securities Purchase Agreement (Aclarion, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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 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 7 contracts

Samples: Securities Purchase Agreement (Lifelogger Technologies Corp), Securities Purchase Agreement (Lifelogger Technologies Corp), Form of Securities Purchase Agreement (Oxigene Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Offered Securities hereunder for general corporate or 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 7 contracts

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

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure 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 litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 6 contracts

Samples: Securities Purchase Agreement (Ensysce Biosciences, Inc.), Securities Purchase Agreement (Allied Esports Entertainment, Inc.), Securities Purchase Agreement (Isun, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities 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 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 6 contracts

Samples: Securities Purchase Agreement (Neptune Wellness Solutions Inc.), Securities Purchase Agreement (Neptune Wellness Solutions Inc.), Securities Purchase Agreement (Neptune Wellness Solutions Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 6 contracts

Samples: Securities Purchase Agreement (Rosetta Genomics Ltd.), Securities Purchase Agreement (IceCure Medical Ltd.), Securities Purchase Agreement (Rosetta Genomics Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto4.7, 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 6 contracts

Samples: Securities Purchase Agreement (Therapix Biosciences Ltd.), Securities Purchase Agreement (Midatech Pharma PLC), Securities Purchase Agreement (Biodexa Pharmaceuticals PLC)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 6 contracts

Samples: Securities Purchase Agreement (Toughbuilt Industries, Inc), Securities Purchase Agreement (Marina Biotech, Inc.), Securities Purchase Agreement (Marina Biotech, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 (Sphere 3D Corp), Securities Purchase Agreement (Uranium Energy Corp), Securities Purchase Agreement (Uranium Energy Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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, ADSs 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 5 contracts

Samples: Securities Purchase Agreement (Lion Group Holding LTD), Securities Purchase Agreement (Lion Group Holding LTD), Securities Purchase Agreement (Lion Group Holding LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing Prospectus and the 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 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 (Painreform Ltd.), Securities Purchase Agreement (Kalera Public LTD Co), Securities Purchase Agreement (Galmed Pharmaceuticals Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 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, (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 (Senesco Technologies Inc), Securities Purchase Agreement (Senesco Technologies Inc), Securities Purchase Agreement (Evergreen Energy Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables accounts payable and accrued expenses 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 (Apricus Biosciences, Inc.), Securities Purchase Agreement (Apricus Biosciences, Inc.), Securities Purchase Agreement (Apricus Biosciences, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoor as set forth in the Prospectus, 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 (Access Pharmaceuticals Inc), Securities Purchase Agreement (Access Pharmaceuticals Inc), Securities Purchase Agreement (Access Pharmaceuticals Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and accrued liabilities 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 (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Castellum, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 (Safe-T Group Ltd.), Securities Purchase Agreement (Safe-T Group Ltd.), Securities Purchase Agreement (Safe-T Group Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 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 regular monthly debt payments and 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 4 contracts

Samples: Securities Purchase Agreement (ZBB Energy Corp), Securities Purchase Agreement (Pure Bioscience, Inc.), Securities Purchase Agreement (ZBB Energy Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 (Innovus Pharmaceuticals, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (ReShape Lifesciences Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing Prospectus and Prospectus, 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 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 4 contracts

Samples: Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure 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 4 contracts

Samples: Securities Purchase Agreement (Lianluo Smart LTD), Securities Purchase Agreement (Lianluo Smart LTD), Securities Purchase Agreement (Lianluo Smart LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, 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 3 contracts

Samples: Securities Purchase Agreement (ScripsAmerica, Inc.), Securities Purchase Agreement (Propell Technologies Group, Inc.), Securities Purchase Agreement (Codesmart Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes within the United States of America 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 (ADVANCED MEDICAL ISOTOPE Corp), Securities Purchase Agreement (Propanc Health Group Corp), Securities Purchase Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities Offering hereunder substantially for working capital the purposes set forth on Schedule 4.9 hereto and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (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 or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Reign Sapphire Corp), Securities Purchase Agreement (Reign Sapphire Corp), Securities Purchase Agreement (Reign Sapphire Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares 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 3 contracts

Samples: Shares Purchase Agreement (Hyperdynamics Corp), Securities Purchase Agreement (SORL Auto Parts Inc), Securities Purchase Agreement (AutoChina International LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 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 the FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Hyperdynamics Corp), Securities Purchase Agreement (Hyperdynamics Corp), Securities Purchase Agreement (Authentidate Holding Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general business purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt Indebtedness (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 (Wisa Technologies, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, 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 3 contracts

Samples: Securities Purchase Agreement (Z Trim Holdings, Inc), Securities Purchase Agreement (Z Trim Holdings, Inc), Securities Purchase Agreement (Z Trim Holdings, Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Offered Securities hereunder for working capital purposes as described in the General Disclosure Package and 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 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 (Genetic Technologies LTD), Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (Prima BioMed LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and capital expenditure 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 3 contracts

Samples: Securities Purchase Agreement (Urban Tea, Inc.), Securities Purchase Agreement (Urban Tea, Inc.), Securities Purchase Agreement (Bit Brother LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities 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, (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 (Tetraphase Pharmaceuticals Inc), Securities Purchase Agreement (Tetraphase Pharmaceuticals Inc), Securities Purchase Agreement (Tetraphase Pharmaceuticals Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 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: (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 (Therapix Biosciences Ltd.), Securities Purchase Agreement (SciSparc Ltd./Adr), Securities Purchase Agreement (Tauriga Sciences, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the 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 and service providers such as auditors and attorneys 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 Share 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 (Hudson Capital Inc.), Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (Freight Technologies, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.4 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: (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 (Terra Tech Corp.), Securities Purchase Agreement (Terra Tech Corp.), Securities Purchase Agreement (Terra Tech Corp.)

Use of Proceeds. Except as set forth on Schedule 4.7 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 practicespractices and the Company debt set forth on Schedule 4.9), (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 2 contracts

Samples: Securities Purchase Agreement (NXT Nutritionals Holdings, Inc.), Securities Purchase Agreement (NXT Nutritionals Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 repurchase 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 (Avinger Inc), Securities Purchase Agreement (Avinger Inc)

Use of Proceeds. Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 2 contracts

Samples: Form of Securities Purchase Agreement (ReWalk Robotics Ltd.), Securities Purchase Agreement (ReWalk Robotics Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Registration Statement, 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, (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 (Avenue Therapeutics, Inc.), Securities Purchase Agreement (Avenue Therapeutics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall intends to 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 (Integrity Applications, Inc.), Securities Purchase Agreement (Integrity Applications, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (a) for the satisfaction of any portion of the outstanding principal amount of any 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 (Clearone Inc), Securities Purchase Agreement (Clearone Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 3.4 attached hereto, 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 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 2 contracts

Samples: Share Purchase Agreement (Wearable Devices Ltd.), Share Purchase Agreement (Wearable Devices Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

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

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital the purposes set forth in Section 4.20(d) of this Agreement, 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 and Exchange Agreement (Synthesis Energy Systems Inc), Securities Purchase Agreement (Synthesis Energy Systems Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the 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 or debt outstanding as of the date hereof in accordance with the terms in effect as of the date hereof), (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 (Palatin Technologies Inc), Securities Purchase Agreement (Palatin Technologies Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, 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 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: Share Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (Arbe Robotics Ltd.)

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Use of Proceeds. Except as set forth on Schedule 4.7 3.11 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 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: Registration Rights Agreement (Revelstone Capital Acquisition Corp.), Registration Rights Agreement (Revelstone Capital Acquisition Corp.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 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: (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 2 contracts

Samples: Securities Purchase Agreement (Medovex Corp.), Securities Purchase Agreement (Sigyn Therapeutics, Inc.)

Use of Proceeds. Except as set forth on in Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and other 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 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 (VCI Global LTD), Securities Purchase Agreement (VCI Global LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 shares of 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 (Opgen Inc), Securities Purchase Agreement (Opgen Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.3 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: (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 (Marizyme Inc), Securities Purchase Agreement (Magnegas Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, 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 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 (Genprex, Inc.), Securities Purchase Agreement (Genprex, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, 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 2 contracts

Samples: Form of Securities Purchase Agreement (Atlis Motor Vehicles Inc), Pledge Agreement (Ascent Solar Technologies, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 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 (TuanChe LTD), Securities Purchase Agreement (OKYO Pharma LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities Offering hereunder for working capital purposes and the expenses of the Offering and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (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 (NXT-Id, Inc.), Securities Purchase Agreement (Vapor Corp.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 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: (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: Securities Purchase Agreement (Versus Systems Inc.), Securities Purchase Agreement (Edesa Biotech, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall will use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall will 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 (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and as otherwise described in the press release that announces the sale of the Securities 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 the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (AeroClean Technologies, Inc.), Securities Purchase Agreement (Molekule Group, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, 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 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 (Dunxin Financial Holdings LTD), Securities Purchase Agreement (Guardforce AI Co., Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing 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, (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 (Tenon Medical, Inc.), Securities Purchase Agreement (Tenon Medical, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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)) other than as provided in Schedule 4.7, (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 (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (RiceBran Technologies)

Use of Proceeds. Except as set forth on Schedule 4.7 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 consistent with past 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 2 contracts

Samples: Securities Purchase Agreement (Wizzard Software Corp /Co), Securities Purchase Agreement (Wizzard Software Corp /Co)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and for the purposes set forth 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 (Capricor Therapeutics, Inc.), Securities Purchase Agreement (Capricor Therapeutics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 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: (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: Securities Purchase Agreement (IMV Inc.), Securities Purchase Agreement (IMV Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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 (Smart for Life, Inc.), Securities Purchase Agreement (Smart for Life, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities Offering hereunder for working capital the purposes set forth on Schedule 4.9 and the expenses of the Offering and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (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 (Friendable, Inc.), Securities Purchase Agreement (iHookup Social, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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 equipment lease payments and other 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 the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lightpath Technologies Inc), Securities Purchase Agreement (Lightpath Technologies Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of existing and future trade payables in the ordinary course of the Company’s '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 existing and future litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (KWESST Micro Systems Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and warehousing and logistics services development 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 1 contract

Samples: Securities Purchase Agreement (Cheetah Net Supply Chain Service Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 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: (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 1 contract

Samples: Securities Purchase Agreement (Jiuzi Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (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) except as set forth on Schedule 4.9 attached hereto, for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (InspireMD, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder hereunder, if released from the Escrow Account to the Company, 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 1 contract

Samples: Securities Purchase Agreement (Marathon Digital Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and expenses related to an initial public 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 Unit or Common Stock Unit Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Summit Semiconductor Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretohereto or in the Registration Statement, 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 1 contract

Samples: Securities Purchase Agreement (Solar Enertech Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the 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 and schedules payments of principal and interest to the Company’s secured lender, Silicon Valley Bank), (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 1 contract

Samples: Securities Purchase Agreement (Derycz Scientific Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 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 (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 1 contract

Samples: Securities Purchase Agreement (Rodobo International Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 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: (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 1 contract

Samples: Securities Purchase Agreement (ReWalk Robotics Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 (WAIVED) 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: (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 1 contract

Samples: Securities Purchase Agreement (RedHawk Holdings Corp.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for general administrative, research and development, 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, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Odyssey Health, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth on Schedule 4.9, and other than as expressly set forth on such schedule, 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 1 contract

Samples: Securities Purchase Agreement (Soupman, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for land purchases and 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 EquivalentsEquivalents (other than purchases and redemptions of shares of Common Stock held by employees, (cofficers or directors of the Company in connection with the satisfaction of the exercise price of compensatory awards or the satisfaction of tax withholding obligations) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Comstock Mining Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes consistent with the Use of Proceeds section of the Prospectus Supplement 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 1 contract

Samples: Securities Purchase Agreement (Highpower International, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoand in the Prospectus Supplement, 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 shares of 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 1 contract

Samples: Securities Purchase Agreement (Sino-Global Shipping America, Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing Prospectus and the 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, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.. 4.8

Appears in 1 contract

Samples: Securities Purchase Agreement (Revelation Biosciences, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 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: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and overdue employee compensation 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 1 contract

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

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