Conditions to the Company’s Obligations. The Company's obligations to sell the Purchased Shares and to take the other actions required to be taken by the Company at the Closing is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by the Company, in whole or in part):
Appears in 6 contracts
Samples: Stock Purchase and Master Strategic Relationship Agreement (Verio Inc), Stock Purchase and Master Strategic Relationship Agreement (Nippon Telegraph & Telephone Corp), Stock Purchase and Master Strategic Relationship Agreement (Saba Software Inc)
Conditions to the Company’s Obligations. The Company's obligations ’s obligation to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company at the Closing to a Purchaser is subject to the satisfactionfulfillment, at on or prior to before the Closing, of each of the following conditions (any of which may be waived by the Companyconditions, in whole or in part):unless waived:
Appears in 6 contracts
Samples: Stock Purchase Agreement (Erasca, Inc.), Stock Purchase Agreement (Oric Pharmaceuticals, Inc.), Stock Purchase Agreement (Olema Pharmaceuticals, Inc.)
Conditions to the Company’s Obligations. The Company's obligations obligation of the Company to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company Purchaser at the each Closing is subject to the satisfaction, at or prior to the before each Closing, of each of the following conditions, provided that these conditions (any of which are for the Company's sole benefit and may be waived by the Company, Company at any time in whole or in part):its sole discretion by providing the Purchaser with prior written notice thereof:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Essex Corporation), Securities Purchase Agreement (Essex Corporation), Securities Purchase Agreement (Essex Corporation)
Conditions to the Company’s Obligations. The Company's obligations obligation of the Company to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company Units at the Closing is subject to the satisfaction, at or prior to the Closing, of each satisfaction of the following conditions precedent (any of which may be unless waived by the Company, in whole or in part):
Appears in 3 contracts
Samples: Common Unit Purchase Agreement (Donjoy LLC), Preferred Unit Purchase Agreement (Donjoy LLC), Common Unit Purchase Agreement (Dj Orthopedics Capital Corp)
Conditions to the Company’s Obligations. The Company's obligations obligation to sell issue the Purchased Shares and to take the other actions required to be taken by the Company Purchasers at the Closing is subject to the satisfaction, at or prior to the Closing, of each satisfaction of the following conditions (any of which may be waived by the Company, in whole or in part):conditions:
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Neogenesis Pharmaceuticals Inc), Preferred Stock Purchase Agreement (Gomez Advisors Inc), Preferred Share Purchase Agreement (Given Imaging LTD)
Conditions to the Company’s Obligations. The Company's obligations ’s obligation to sell complete the Purchased sale of the Shares and to take the other actions required to be taken by the Company Warrants at the Closing is subject to the satisfactionfulfillment, at or prior to the Closing, of each of the following conditions conditions, unless otherwise waived (any of which may be waived by the Company, in whole or in part“Company Closing Conditions”):
Appears in 3 contracts
Samples: Securities Purchase Agreement (Opko Health, Inc.), Securities Purchase Agreement (Opko Health, Inc.), Securities Purchase Agreement (Frost Gamma Investments Trust)
Conditions to the Company’s Obligations. The Company's obligations obligation of the Company to issue and sell the Purchased Shares and pursuant to take the other actions required to be taken by the Company Section 2.01 hereof at the Closing is subject to the satisfaction, at satisfaction or prior to the Closing, waiver of each of the following conditions (any of which may be waived by the Company, in whole or in part):precedent:
Appears in 2 contracts
Samples: Investment Agreement (Savitr Capital, LLC), Investment Agreement (Molecular Insight Pharmaceuticals, Inc.)
Conditions to the Company’s Obligations. The Company's obligations to sell the Purchased Shares and to take the other actions required to be taken by obligation of the Company to issue the shares of Redeemable Preferred Stock to the Purchasers at the Closing is subject to the satisfaction, at or prior to the Closing, of each satisfaction of the following conditions precedent (any of which may be unless waived by the Company, in whole or in part):).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hanger Orthopedic Group Inc), Securities Purchase Agreement (Chase Venture Capital Associates L P)
Conditions to the Company’s Obligations. The Company's obligations of the Company hereunder to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company each Buyer at the Closing is subject to the satisfaction, at or prior to before the ClosingClosing Date, of each of the following conditions, provided that such conditions (any of which are for the Company’s sole benefit and may be waived by the Company, Company at any time in whole or in part):its sole discretion by providing each Buyer with prior written notice thereof:
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Conditions to the Company’s Obligations. The Company's obligations obligation of the Company to sell issue the Purchased Shares and to take the other actions required to be taken by the Company Securities at the Closing is subject to the satisfaction, at or prior to the Closing, of each satisfaction of the following conditions precedent (any of which may be unless waived by the Company, in whole or in part):
Appears in 1 contract
Samples: Securities Purchase Agreement (Huntsman Packaging of Canada LLC)
Conditions to the Company’s Obligations. The Company's obligations ’s obligation to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company at the Closing is subject to the satisfaction, at on or prior to before the Closing, of each of the following conditions (any of which may be conditions, unless waived in writing by the Company, in whole or in part):Company at its sole discretion:
Appears in 1 contract
Samples: Stock Purchase Agreement (Clean Energy Fuels Corp.)
Conditions to the Company’s Obligations. The Company's obligations obligation of the Company to sell the Purchased Shares and to take the other actions required Buyer pursuant to this Agreement shall be taken by the Company at the Closing is subject to the satisfaction, at or prior to before the ClosingClosing Date, of each of the following conditions (any of which may be waived by the Companywaived, in whole or in part):, in writing by the Company).
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Conditions to the Company’s Obligations. The Company's obligations obligation of the Company to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company each Purchaser at the Initial Closing and at Subsequent Closings is subject to the satisfaction, at or prior to before the Closing, of each of the following conditions, provided that these conditions (any of which are for the Company's sole benefit and may be waived by the Company, Company at any time in whole or in part):its sole discretion by providing each Purchaser with prior written notice thereof:
Appears in 1 contract
Conditions to the Company’s Obligations. The Company's obligations ’s obligation to sell issue the Purchased Shares and to take the other actions required to be taken by the Company at the Closing is subject to the satisfaction, at fulfillment to the reasonable satisfaction of the Company on or prior to the Closing, Closing of each of the following conditions (conditions, any of which may be waived by the Company, in whole or in part)::
Appears in 1 contract
Conditions to the Company’s Obligations. The Company's obligations obligation to issue and sell the Purchased Shares and to take the other actions required to be taken by the Company at the Closing is subject to the satisfaction, at satisfaction of the following conditions on or prior to the Closing, of each of the following conditions (any of which may be waived by the Company, in whole or in part)::
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Knology Inc)
Conditions to the Company’s Obligations. The Company's obligations obligation of the Company to sell the Purchased Shares and to take the other actions required to be taken by the Company at the Closing Buyer is subject to the satisfaction, at or prior to the Closing, of each satisfaction of the following conditions (any of which may be waived by at or before the Company, in whole or in part):Closing:
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