Common use of Best Efforts Offering Clause in Contracts

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 28 contracts

Samples: Letter Agreement (Neuralstem, Inc.), Letter Agreement (Energy Focus, Inc/De), Letter Agreement (China Jo-Jo Drugstores, Inc.)

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Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations representations, warranties, covenants, closing conditions and warranties closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 27 contracts

Samples: Letter Agreement (Histogen Inc.), Letter Agreement (Lexaria Bioscience Corp.), Letter Agreement (Bluejay Diagnostics, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 17 contracts

Samples: Letter Agreement (Microbot Medical Inc.), Letter Agreement (Bio-Path Holdings Inc), Letter Agreement (Arch Therapeutics, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations representations, warranties, covenants, closing conditions and warranties closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 15 contracts

Samples: Letter Agreement (Genius Group LTD), Letter Agreement (My Size, Inc.), Letter Agreement (Bone Biologics Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations representations, warranties and warranties covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 14 contracts

Samples: Letter Agreement (Oncternal Therapeutics, Inc.), Letter Agreement (Oncternal Therapeutics, Inc.), Letter Agreement (Aikido Pharma Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementXxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 14 contracts

Samples: Letter Agreement (Cytrx Corp), Letter Agreement (Apricus Biosciences, Inc.), Letter Agreement (Cytrx Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 13 contracts

Samples: Letter Agreement (Oramed Pharmaceuticals Inc.), Letter Agreement (Oramed Pharmaceuticals Inc.), Letter Agreement (DelMar Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementRxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 12 contracts

Samples: Letter Agreement (Cel Sci Corp), Letter Agreement (Amyris, Inc.), Letter Agreement (Cel Sci Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementWxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 8 contracts

Samples: Letter Agreement (Cancer Genetics, Inc), Letter Agreement (DelMar Pharmaceuticals, Inc.), Letter Agreement (Cancer Genetics, Inc)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementWxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 5 contracts

Samples: Letter Agreement (CASI Pharmaceuticals, Inc.), Letter Agreement (Can-Fite BioPharma Ltd.), Letter Agreement (Cyclacel Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxXxxxxx. Xxxxxxxxxx Xxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Letter Agreement (Medigus Ltd.), Letter Agreement (Kitov Pharmaceuticals Holdings Ltd.), Letter Agreement (Mateon Therapeutics Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations representations, warranties and warranties covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Letter Agreement (Cocrystal Pharma, Inc.), Letter Agreement (Akers Biosciences, Inc.), Letter Agreement (Pulmatrix, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementXxxxxx. Prior to the signing of any Purchase Agreement, officers an officer of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Letter Agreement (Rexahn Pharmaceuticals, Inc.), Letter Agreement (Rexahn Pharmaceuticals, Inc.), Letter Agreement (Rexahn Pharmaceuticals, Inc.)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 4 contracts

Samples: Letter Agreement (Can-Fite BioPharma Ltd.), Letter Agreement (Avalon Rare Metals Inc.), Letter Agreement (Can-Fite BioPharma Ltd.)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Letter Agreement (Arcturus Therapeutics Holdings Inc.), Letter Agreement (Arcturus Therapeutics Holdings Inc.), Letter Agreement (Opgen Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementXxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Letter Agreement (Aethlon Medical Inc), Letter Agreement (Oxis International Inc), Letter Agreement (Cel Sci Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxRxxxxx. Xxxxxxxxxx Rxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Letter Agreement (Eyegate Pharmaceuticals Inc), Letter Agreement (Medical Transcription Billing, Corp), Letter Agreement (Medical Transcription Billing, Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase or subscription agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 3 contracts

Samples: Letter Agreement (Diffusion Pharmaceuticals Inc.), Letter Agreement (Diffusion Pharmaceuticals Inc.), Letter Agreement (Diffusion Pharmaceuticals Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations representations, warranties and warranties covenants included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 2 contracts

Samples: Letter Agreement (Caladrius Biosciences, Inc.), Letter Agreement (Caladrius Biosciences, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 2 contracts

Samples: Letter Agreement (Cytrx Corp), Letter Agreement (Orient Paper Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers an officer of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 2 contracts

Samples: Letter Agreement (Rexahn Pharmaceuticals, Inc.), Letter Agreement (Rexahn Pharmaceuticals, Inc.)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxRxxxxx. Xxxxxxxxxx Rxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Rosetta Genomics Ltd.)

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Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third third-party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Stellar Biotechnologies, Inc.)

Best Efforts Offering. If an The Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementWxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Skystar Bio-Pharmaceutical Co)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementRxxxxx. Prior to the signing of any Purchase Agreement, officers an officer of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Genvec Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementWaxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Cytrx Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWaxxxxxxxx. Xxxxxxxxxx shall Waxxxxxxxx xhall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Intellipharmaceutics International Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Citius Pharmaceuticals, Inc.)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement or subscription agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors, subject to entering into reasonable non-disclosure agreements satisfactory to the Company.

Appears in 1 contract

Samples: Letter Agreement (RXi Pharmaceuticals Corp)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase AgreementHCW. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Bio-Path Holdings Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and XxxxxxxxxxWxxxxxxxxx. Xxxxxxxxxx Wxxxxxxxxx shall be a third party beneficiary with respect to the representations representations, warranties and warranties covenants and closing conditions included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Eyegate Pharmaceuticals Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be reasonably available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Trovagene, Inc.)

Best Efforts Offering. If an the Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Opgen Inc)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably mutually satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (RXi Pharmaceuticals Corp)

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase or subscription agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations representations, warranties, covenants and warranties closing conditions included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

Appears in 1 contract

Samples: Letter Agreement (Diffusion Pharmaceuticals Inc.)

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