Warrant. The Warrant shall have been duly executed, delivered and issued to the Investor, and the Company shall not be in default in any material respect under any of the provisions thereof, provided that any refusal by or failure of the Company to issue and deliver Warrant Shares in respect of any exercise (in whole or in part) thereof shall be deemed to be material for the purposes of this Section 7.10.
Appears in 23 contracts
Samples: Common Stock Purchase Agreement (Biosante Pharmaceuticals Inc), Common Stock Purchase Agreement (Metabasis Therapeutics Inc), Common Stock Purchase Agreement (Tercica Inc)
Warrant. The Warrant shall have been duly executed, delivered and issued to the Investor, and the Company shall not be in default in any material respect under any of the provisions thereof, provided that any refusal by or failure of the Company to issue and deliver Warrant Shares in respect of any exercise (in whole or in part) thereof shall be deemed to be material for the purposes of this Section 7.107.11.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Emisphere Technologies Inc), Common Stock Purchase Agreement (Emisphere Technologies Inc), Common Stock Purchase Agreement (Nuvelo Inc)
Warrant. The Warrant shall have been duly executed, delivered and issued to the Investor, and the Company shall not be in default in any material respect under any of the provisions thereof, provided PROVIDED that any refusal by or failure of the Company to issue and deliver Warrant Shares in respect of any exercise (in whole or in part) thereof shall be deemed to be material for the purposes of this Section 7.107.11.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Aksys LTD), Common Stock Purchase Agreement (Aksys LTD), Common Stock Purchase Agreement (Aksys LTD)
Warrant. The Warrant shall have been duly executed, delivered and issued to the InvestorInvestor on the Closing Date, and the Company shall not be in default in any material respect under any of the provisions thereof, provided that any refusal by or failure of the Company to issue and deliver Warrant Shares in respect of any exercise (in whole or in part) thereof shall be deemed to be material for the purposes of this Section 7.10.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Cell Genesys Inc), Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Warrant. The Warrant shall have been duly executed, delivered and issued to the Investor, and the Company shall not be in default in any material respect under any of the provisions thereof, provided thereof (it being acknowledged and agreed that any refusal by or failure of the Company to issue and deliver Warrant Shares when and as requested by the Investor in respect accordance with the terms of any exercise (in whole or in part) thereof the Warrant shall be deemed to be a material for the purposes of this Section 7.10default).
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Tegal Corp /De/), Common Stock Purchase Agreement (Tegal Corp /De/)
