Common use of Conditions to the Company’s Obligation to Sell Clause in Contracts

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 50 contracts

Samples: Securities Purchase Agreement (Esports Entertainment Group, Inc.), Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.), Securities Purchase Agreement (CBAK Energy Technology, Inc.)

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Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 30 contracts

Samples: Securities Purchase Agreement (PharmaCyte Biotech, Inc.), Securities Purchase Agreement (MyMD Pharmaceuticals, Inc.), Securities Purchase Agreement (MyMD Pharmaceuticals, Inc.)

Conditions to the Company’s Obligation to Sell. The Company’s obligation of the Company hereunder to issue and sell the Common Shares and Securities to the related Warrants Buyer pursuant to each Buyer at this Agreement on the Closing Date is conditioned upon and subject to the satisfactionfulfillment, at on or before prior to the Closing Date, of each all of the following conditions, provided that these conditions are for the Company’s sole benefit and any of which may be waived in whole or in part by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofCompany:

Appears in 24 contracts

Samples: Securities Purchase Agreement (Brazil Minerals, Inc.), Securities Purchase Agreement (Brazil Minerals, Inc.), Securities Purchase Agreement (Brazil Minerals, Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 20 contracts

Samples: Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (Auddia Inc.), Securities Purchase Agreement (Auddia Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 18 contracts

Samples: Securities Purchase Agreement (SCWorx Corp.), Securities Purchase Agreement (Intercloud Systems, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 17 contracts

Samples: Securities Purchase Agreement (AEye, Inc.), Securities Purchase Agreement (Annovis Bio, Inc.), Securities Purchase Agreement (Annovis Bio, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Purchased Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 17 contracts

Samples: Securities Purchase Agreement (Tantech Holdings LTD), Securities Purchase Agreement (Solidion Technology Inc.), Securities Purchase Agreement (Jeffs' Brands LTD)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 15 contracts

Samples: Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (SOCIAL REALITY, Inc.), Securities Purchase Agreement (LabStyle Innovations Corp.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, ; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 13 contracts

Samples: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 11 contracts

Samples: Securities Purchase Agreement (Ener-Core Inc.), Securities Purchase Agreement (Ener-Core Inc.), Securities Purchase Agreement (India Globalization Capital, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Securities to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 11 contracts

Samples: Securities Purchase Agreement (Meten Holding Group Ltd.), Securities Purchase Agreement (Dogness (International) Corp), Securities Purchase Agreement (Taronis Technologies, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Securities to each Buyer Investor at the Closing is subject to the satisfactionsatisfaction by such Investor, at on or before the Closing Date, of each of the following conditions, provided that these . These conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 10 contracts

Samples: Securities Purchase Agreement (Tower Automotive Inc), Securities Purchase Agreement (Aksys LTD), Securities Purchase Agreement (Aksys LTD)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 9 contracts

Samples: Securities Purchase Agreement (EnergyTEK Corp.), Securities Purchase Agreement (Nemus Bioscience, Inc.), Securities Purchase Agreement (Eon Communications Corp)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 9 contracts

Samples: Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (Jet.AI Inc.), Securities Purchase Agreement (Biotricity Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue sell Preferred Stock and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at on or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 9 contracts

Samples: Securities Purchase Agreement (Advanced Optics Electronics Inc), Securities Purchase Agreement (Ip Voice Com Inc), Registration Rights Agreement (Ip Voice Com Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 9 contracts

Samples: Securities Purchase Agreement (Net Element, Inc.), Securities Purchase Agreement (Prentice Capital Management, LP), Securities Purchase Agreement (Intelect Communications Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and Stock to the related Warrants to each Buyer Purchasers at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer the Purchaser with prior written notice thereof:

Appears in 8 contracts

Samples: Stock Purchase Agreement (StemGen, Inc.), Stock Purchase Agreement (StemGen, Inc.), Stock Purchase Agreement (StemGen, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and to the related Warrants to each Buyer Buyers at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, ; provided that these conditions are for the Company’s sole benefit and (to the extent permitted by applicable Law) may be waived by the Company at any time in its sole discretion by providing each Buyer the Buyers with prior written notice thereof:

Appears in 8 contracts

Samples: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the New Common Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company Company, in whole or in part, at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 8 contracts

Samples: Share Purchase Agreement (Semiconductor Manufacturing International Corp), Share Purchase Agreement (Semiconductor Manufacturing International Corp), Share Purchase Agreement (China Investment Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 8 contracts

Samples: Securities Purchase Agreement (Innovative Food Holdings Inc), Share Purchase Agreement (Sino-Global Shipping America, Ltd.), Stock Purchase Agreement (Ener-Core, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 8 contracts

Samples: Securities Exchange Agreement (GDBA Investments LLLP), Accrued Interest Payment Agreement (Across America Real Estate Corp), Accrued Interest Payment Agreement (Across America Real Estate Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 8 contracts

Samples: Securities Purchase Agreement (Kiora Pharmaceuticals Inc), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Trovagene, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 8 contracts

Samples: Securities Purchase Agreement (Pacifichealth Laboratories Inc), Securities Purchase Agreement (Pacifichealth Laboratories Inc), Securities Purchase Agreement (Generex Biotechnology Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 8 contracts

Samples: Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (E-Net Financial Com Corp), Securities Purchase Agreement (Data Race Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 7 contracts

Samples: Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (Cerecor Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants applicable Securities to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 6 contracts

Samples: Securities Purchase Agreement (Celsus Therapeutics Plc.), Securities Purchase Agreement (Marathon Patent Group, Inc.), Securities Purchase Agreement (Morria Biopharmaceuticals PLC)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 6 contracts

Samples: Securities Purchase Agreement (Laser Vision Centers Inc), Securities Purchase Agreement (Softnet Systems Inc), Securities Purchase Agreement (Softnet Systems Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Datedate of the Closing, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 5 contracts

Samples: Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc), Securities Purchase Agreement (Syquest Technology Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 5 contracts

Samples: Securities Purchase Agreement (T Netix Inc), Securities Purchase Agreement (Hillman Co), Securities Purchase Agreement (Superconductor Technologies Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer Investor at the Closing is subject to the satisfactionsatisfaction by such Investor, at on or before the Closing Date, of each of the following conditions, provided that these . These conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 5 contracts

Samples: Securities Purchase Agreement (Internet America Inc), Securities Purchase Agreement (Perficient Inc), Securities Purchase Agreement (Mihaylo Steven G)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer Purchaser at the Closing is subject to the satisfaction, with respect to each Purchaser at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 5 contracts

Samples: Securities Exchange Agreement (Cambex Corp), Securities Exchange Agreement (Cambex Corp), Securities Exchange Agreement (Cambex Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants applicable Securities to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 5 contracts

Samples: Securities Purchase Agreement (Cesca Therapeutics Inc.), Securities Purchase Agreement (Generation Income Properties, Inc.), Securities Purchase Agreement (Cesca Therapeutics Inc.)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the a Closing is subject to the satisfaction, at or before the applicable Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 5 contracts

Samples: Securities Purchase Agreement (Movano Inc.), Securities Purchase Agreement (Movano Inc.), Securities Purchase Agreement (TFF Pharmaceuticals, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 5 contracts

Samples: Securities Purchase Agreement (Broadfin Capital, LLC), Securities Purchase Agreement (Biodelivery Sciences International Inc), Securities Purchase Agreement (Wize Pharma, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 5 contracts

Samples: Securities Purchase Agreement (Saba Petroleum Co), Securities Purchase Agreement (Technical Chemicals & Products Inc), Securities Purchase Agreement (Sigma Designs Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 5 contracts

Samples: Subscription and Share Purchase Agreement (VectivBio Holding AG), Share Purchase Agreement (Sino-Global Shipping America, Ltd.), Share Purchase Agreement (Hebron Technology Co., LTD)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Purchased Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, ; provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its their sole discretion by providing each Buyer with prior written notice thereof:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Freedom Leaf Inc.), Securities Purchase Agreement (GrowGeneration Corp.), Securities Purchase Agreement (Valley Forge Composite Technologies, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Series A Preferred Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 4 contracts

Samples: Securities Purchase Agreement (D H Marketing & Consulting Inc), Securities Purchase Agreement (Bioshield Technologies Inc), Securities Purchase Agreement Securities Purchase Agreement (Finet Holdings Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares Notes and the related Warrants Common Shares to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 4 contracts

Samples: Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc)

Conditions to the Company’s Obligation to Sell. The Company's obligation of to sell and deliver the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is Investors shall, unless waived by the Company, be subject to the satisfaction, at with respect to each Investor, prior to or before on the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 4 contracts

Samples: Stock Purchase Agreement (Jensen Jeff), Stock Purchase Agreement (RMH Teleservices Inc), Stock Purchase Agreement (RMH Teleservices Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares Initial Preferred Shares, Preferred Warrants and the related Common Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Lytus Technologies Holdings PTV. Ltd.), Securities Purchase Agreement (Esports Entertainment Group, Inc.), Securities Purchase Agreement (Oblong, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Stock Shares and the related Warrants to each Buyer a Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Broadcast International Inc), Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (Graphon Corp/De)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares Membership Interests and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the applicable Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC), Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC), Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing Securities is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Galaxy Nutritional Foods Co), Securities Purchase Agreement (Galaxy Nutritional Foods Co), Securities Purchase Agreement (Galaxy Nutritional Foods Co)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and Stock to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 4 contracts

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

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Units to each Buyer at the Closing is subject to the satisfaction, with respect to each Buyer, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Capita Research Group Inc), Securities Purchase Agreement (Capita Research Group Inc), Securities Purchase Agreement (Capita Research Group Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Purchased Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Orthovita Inc), Form of Securities Purchase Agreement (Cell Therapeutics Inc), Form of Common Stock Purchase Agreement (Isolagen Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the applicable Closing is subject to the satisfaction, at on or before the date of the applicable Closing Dateas described herein, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Nanopierce Technologies Inc), Securities Purchase Agreement (Producers Entertainment Group LTD), Securities Purchase Agreement (American Biomed Inc)

Conditions to the Company’s Obligation to Sell. a. The obligation of the Company hereunder to issue and sell the Common Shares Debentures and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Hemispherx Biopharma Inc), Securities Purchase Agreement (Hemispherx Biopharma Inc), Securities Purchase Agreement (Hemispherx Biopharma Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Purchased Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Transmeta Corp), Securities Purchase Agreement (Cel Sci Corp)

Conditions to the Company’s Obligation to Sell. (a) The obligation obligations of the Company hereunder to issue and sell the Common Shares and Securities to the related Warrants to each Buyer Investor at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer the Investor with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (SHARING SERVICES GLOBAL Corp), Securities Purchase Agreement (Globe Net Wireless Corp.), Securities Purchase Agreement (Document Security Systems Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer a Purchaser at the Closing is subject to the satisfaction, at or before as of the date of the Closing Dateand with respect to such Purchaser, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Aspyra Inc), Common Stock and Warrant Purchase Agreement (Vubotics Inc), Common Stock and Warrant Purchase Agreement (Creative Computer Applications Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares Preferred Stock and the related Warrants to each Buyer at the Closing Purchaser is subject to the satisfaction, at on or before the Closing each Investment Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Securities Purchase Agreement (True Drinks Holdings, Inc.), Securities Purchase Agreement (True Drinks Holdings, Inc.), Securities Purchase Agreement (True Drinks Holdings, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Purchased Common Shares and the related Warrants to each Buyer Purchasers at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided PROVIDED that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Telecom Wireless Corp/Co), Common Stock Purchase Agreement (Telecom Wireless Corp/Co), Common Stock Purchase Agreement (Telecom Wireless Corp/Co)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer Investor at the Closing is subject to the satisfactionsatisfaction by such Investor, at on or before the Closing Date, of each of the following conditions, provided that these . These conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Pharmafrontiers Corp), Securities Purchase Agreement (Pharmafrontiers Corp), Securities Purchase Agreement (Pharmafrontiers Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Series C Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Securities Purchase Agreement (American Biomed Inc), Securities Purchase Agreement (JTS Corp), Securities Purchase Agreement (Organogenesis Inc)

Conditions to the Company’s Obligation to Sell. 4.1. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer the Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer the Purchaser with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Nemus Bioscience, Inc.), Securities Purchase Agreement (Nemus Bioscience, Inc.), Securities Purchase Agreement (Nemus Bioscience, Inc.)

Conditions to the Company’s Obligation to Sell. The Buyer understands that the Company’s obligation to sell the Preferred Shares and issue the Warrant to the Buyer pursuant to this Agreement is conditioned upon satisfaction of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at following conditions precedent on or before the Closing Date, Date (any or all of each of the following conditions, provided that these conditions are for the Company’s sole benefit and which may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:discretion):

Appears in 3 contracts

Samples: Subscription Agreement (Dwango North America Corp), Subscription Agreement (Dwango North America Corp), Subscription Agreement (Dwango North America Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Securities to each Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer Purchaser with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (China Yongxin Pharmaceuticals Inc.), Securities Purchase Agreement (China Yongxin Pharmaceuticals Inc.), Securities Purchase Agreement (Ableauctions Com Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each a Buyer at each of the First Closing and the Second Closing is subject to the satisfaction, at or before the Closing DateDate in respect of such applicable Closing, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Globalmedia Com), Securities Purchase Agreement (Storage Computer Corp), Securities Purchase Agreement (Eglobe Inc)

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Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares Shares, Warrants and the related Warrants Additional Investment Rights to each Buyer a Purchaser at the Closing hereunder is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions thereto; provided, provided however, that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:discretion.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Bam Entertainment Inc), Securities Purchase Agreement (Bam Entertainment Inc), Securities Purchase Agreement (Bam Entertainment Inc)

Conditions to the Company’s Obligation to Sell. 6.1. The obligation of the Company hereunder to issue and sell the Common Purchased Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (STRATA Skin Sciences, Inc.), Securities Purchase Agreement (STRATA Skin Sciences, Inc.), Securities Purchase Agreement (STRATA Skin Sciences, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Purchased Shares and the related Warrants to each the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (8x8 Inc /De/), Securities Purchase Agreement (8x8 Inc /De/), Securities Purchase Agreement

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Energy Telecom, Inc.), Securities Purchase Agreement (Energy Telecom, Inc.), Securities Purchase Agreement (Energy Telecom, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (E-Net Financial Com Corp), Securities Purchase Agreement (Trimfast Group Inc), Securities Purchase Agreement (Emb Corp)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Purchased Shares and to the related Warrants to each Buyer Buyers at the Closing Closing, is subject to the satisfaction, at or before the Closing Date, Date of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived (in whole or in part) by the Company at any time in its sole discretion by providing each Buyer the Buyers with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Par Technology Corp), Securities Purchase Agreement (Par Technology Corp), Securities Purchase Agreement (BJs RESTAURANTS INC)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfactionsatisfaction (or waiver), at on or before the Closing Date, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior delivery of written notice thereofof such waiver to the Buyer:

Appears in 3 contracts

Samples: Securities Purchase Agreement (RECP IV Cite CMBS Equity, L.P.), Securities Purchase Agreement (Anthracite Capital Inc), Securities Purchase Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Ordinary Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each the Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (OKYO Pharma LTD), Securities Purchase Agreement (OKYO Pharma LTD), Securities Purchase Agreement (OKYO Pharma LTD)

Conditions to the Company’s Obligation to Sell. The obligation hereunder of the Company hereunder to issue and sell the Common Shares and to the related Warrants to each Buyer at the Closing Investor is further subject to the satisfaction, at or before the each Closing Date, of each of the following conditions, provided that these conditions set forth below. These conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:discretion.

Appears in 3 contracts

Samples: Investment Agreement (American Oriental Bioengineering Inc), Investment Agreement (American Oriental Bioengineering Inc), Investment Agreement (American Oriental Bioengineering Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Units to each Buyer at the Closing Purchaser hereunder is subject to the satisfaction, at or before the Closing DateClosing, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:discretion.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cenuco Inc), Securities Purchase Agreement (Orchid Biosciences Inc), Securities Purchase Agreement (Cenuco Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Msgi Security Solutions, Inc), Securities Purchase Agreement (Proxymed Inc /Ft Lauderdale/), Securities Purchase Agreement (Entrade Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer a Purchaser at the Closing is subject to the satisfaction, at or before as of the date of the Closing Dateand with respect to such Purchaser, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Miravant Medical Technologies), Securities Purchase Agreement (Miravant Medical Technologies), Securities Purchase Agreement (Miravant Medical Technologies)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Purchased Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (IsoRay, Inc.), Securities Purchase Agreement (Nastech Pharmaceutical Co Inc), Securities Purchase Agreement (Arotech Corp)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and to the related Warrants to each Buyer Investor at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer the Investor with prior written notice thereof:

Appears in 3 contracts

Samples: Stock Purchase Agreement (Alset Inc.), Stock Purchase Agreement (Alset Inc.), Securities Purchase Agreement (mCloud Technologies Corp.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 3 contracts

Samples: Registration Rights Agreement (Viragen Inc), Securities Purchase Agreement (Clearwater Fund Iv LLC), Securities Purchase Agreement (Clearwater Fund Iv LLC)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares Membership Interests and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC), Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC), Securities Purchase Agreement (Dipexium Pharmaceuticals, LLC)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer Purchaser at the Closing closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:discretion.

Appears in 3 contracts

Samples: Subscription Agreement (Dynagen Inc), Subscription Agreement (Dynagen Inc), Subscription Agreement (Able Laboratories Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Series A Preferred Shares and to the related Warrants to each Buyer Buyers at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Securities Purchase Agreement (2 Infinity Inc), Securities Purchase Agreement (Diamond Entertainment Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Securities to each Buyer Investor at the Closing is subject to the satisfactionsatisfaction by such Investor, at on or before the Closing Date, of each of the following conditions, provided that these . These conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Dyntek Inc), Securities Purchase Agreement (Sonus Pharmaceuticals Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Net2000 Communications Inc), Securities Purchase Agreement (Etoys Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Securities to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, ; provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Frequency Therapeutics, Inc.), Securities Purchase Agreement (Applied Therapeutics Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer Investor at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Stock Purchase Agreement (Probex Corp), Stock Purchase Agreement (Probex Corp)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion (if permissible under applicable law) by providing each the Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Stock Purchase Agreement (Professional Diversity Network, Inc.), Stock Purchase Agreement (Professional Diversity Network, Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Securities to each Buyer Investor at the Closing is subject to the satisfactionsatisfaction by such Investor, at on or before the Closing Date, of each of the following conditions, provided that these . These conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Schering Berlin Venture Corp), Securities Purchase Agreement (Sonus Pharmaceuticals Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Notes and the related Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (RxElite, Inc.), Securities Purchase Agreement (Broadcast International Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the a Closing is subject to the satisfaction, at or before the applicable Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Share Purchase Agreement (Glori Energy Inc.), Share Purchase Agreement (Infinity Cross Border Acquisition Corp)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Marshall Edwards Inc), Securities Purchase Agreement (Marshall Edwards Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Venus Concept Inc.), Securities Purchase Agreement (Ener-Core Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, with respect to each Buyer, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lasersight Inc /De), Form of Securities Purchase Agreement (Starbase Corp)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares New Note and the related Warrants Common Shares to each Buyer the Investor at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer the Investor with prior written notice thereof:

Appears in 2 contracts

Samples: Exchange Agreement (Viggle Inc.), Exchange Agreement (Viggle Inc.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares Series C Preferred Stock and the related Warrants to each Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer Purchaser with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Columbia Laboratories Inc), Securities Purchase Agreement (Columbia Laboratories Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and Lease to the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Purchase Agreement (Cobra Oil & Gas CO), Purchase Agreement (Cobra Oil & Gas CO)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Preferred Shares and/or the Common Shares and the related Warrants Warrants, as applicable, to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer Investor at the Closing is subject to the satisfactionsatisfaction by such Investor, at on or before the Closing Date, of each of the following conditions, provided that these . These conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Aksys LTD), Securities Purchase Agreement (Sonus Pharmaceuticals Inc)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Preferred Shares and the related Warrants to each Buyer a Purchaser at the Closing closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditionsconditions thereto, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:discretion.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Palomar Medical Technologies Inc), Securities Purchase Agreement (Palomar Medical Technologies Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Subscription Agreement (Net Element, Inc.), Stock Purchase Agreement (Steel Partners, Ltd.)

Conditions to the Company’s Obligation to Sell. The obligation of the Company hereunder to issue and sell the Common Shares and the related Warrants Preferred Stock to each Buyer at the Closing Purchaser is subject to the satisfaction, at on or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (Imageware Systems Inc)

Conditions to the Company’s Obligation to Sell. (a) The obligation of the Company hereunder to issue and sell the Preferred Shares, Common Shares and the related Warrants to each Buyer at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereof:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Edoc Acquisition Corp.), Securities Purchase Agreement (Edoc Acquisition Corp.)

Conditions to the Company’s Obligation to Sell. 6.1 The obligation of the Company hereunder to issue and sell the Common Shares and to the related Warrants to each Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing DateAS OF EACH CLOSING DATE, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing each Buyer with prior written notice thereofdiscretion:

Appears in 2 contracts

Samples: Purchase Agreement (Visual Edge Systems Inc), Purchase Agreement (Visual Edge Systems Inc)

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