Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3525 contracts
Samples: Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Safe & Green Holdings Corp.), Securities Purchase Agreement (Alzamend Neuro, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 416 contracts
Samples: Securities Purchase Agreement (SinglePoint Inc.), Securities Purchase Agreement (Inspire Veterinary Partners, Inc.), Securities Purchase Agreement (Paid Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 134 contracts
Samples: Securities Purchase Agreement (A2Z Smart Technologies Corp), Securities Purchase Agreement (A2Z Smart Technologies Corp), Securities Purchase Agreement (AtlasClear Holdings, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares that occur after the date of this Agreement.
Appears in 125 contracts
Samples: Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (ATIF Holdings LTD), Securities Purchase Contract (Nano Labs LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 67 contracts
Samples: Securities Purchase Agreement (Inhibikase Therapeutics, Inc.), Securities Purchase Agreement (Inhibikase Therapeutics, Inc.), Securities Purchase Agreement (Matinas BioPharma Holdings, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions relating to shares of the Common Stock that occur after the date of this Agreement.
Appears in 60 contracts
Samples: Securities Purchase Agreement (Plus Therapeutics, Inc.), Securities Purchase Agreement (Inmune Bio, Inc.), Securities Purchase Agreement (Velo3D, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices prices, ADSs, and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs and Ordinary Shares that occur after the date of this Agreement.
Appears in 45 contracts
Samples: Securities Purchase Agreement (Foresight Autonomous Holdings Ltd.), Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (BioLineRx Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 29 contracts
Samples: Securities Purchase Agreement (Innovative Card Technologies Inc), Securities Purchase Agreement (Catalyst Pharmaceutical Partners, Inc.), Securities Purchase Agreement (Catalyst Pharmaceutical Partners, Inc.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 21 contracts
Samples: Underwriting Agreement (XCel Brands, Inc.), Securities Purchase Agreement (Connexa Sports Technologies Inc.), Securities Purchase Agreement (Hepion Pharmaceuticals, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations combinations, and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 18 contracts
Samples: Underwriting Agreement (Lafayette Energy Corp.), Securities Purchase Agreement (Worksport LTD), Securities Purchase Agreement (bioAffinity Technologies, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock ADSs or Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs or Ordinary Shares that occur after the date of this Agreement.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Akari Therapeutics PLC), Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (Yoshitsu Co., LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices prices, Ordinary Shares and shares of Common Stock ADSs in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs or Ordinary Shares that occur after the date of this Agreement.
Appears in 14 contracts
Samples: Securities Purchase Agreement (ASLAN Pharmaceuticals LTD), Securities Purchase Agreement (Evaxion Biotech a/S), Securities Purchase Agreement (Evaxion Biotech a/S)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement and prior to the Closing Date.
Appears in 14 contracts
Samples: Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 12 contracts
Samples: Amendment Agreement (Legend Oil & Gas, Ltd.), Amendment and Waiver Agreement (H & H Imports, Inc.), Amendment Agreement (Conspiracy Entertainment Holdings Inc)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 12 contracts
Samples: Securities Purchase Agreement (iMedia Brands, Inc.), Securities Purchase Agreement (Sun BioPharma, Inc.), Securities Purchase Agreement (Chron Organization, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 10 contracts
Samples: Securities Purchase Agreement (PLBY Group, Inc.), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock capital stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 10 contracts
Samples: Standby Purchase Agreement (Black Ridge Oil & Gas, Inc.), Securities Purchase Agreement (GreenHunter Resources, Inc.), Securities Purchase Agreement (Aeolus Pharmaceuticals, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Bright Horizons Family Solutions Inc.), Stock Purchase Agreement (Agile Therapeutics Inc), Securities Purchase Agreement (Royale Energy Inc)
Construction. The parties agree that each of them and/or and their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretoDocuments. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward any stock splits, stock combinations, stock dividends, stock combinations recapitalizations and other similar transactions of the Common Stock that occur on or after the date of this Agreement.
Appears in 9 contracts
Samples: Common Stock Purchase Agreement (Microvision Inc), Investment Agreement (Dc Brands International Inc), Investment Agreement (Alternate Energy Holdings, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 9 contracts
Samples: Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (Dejour Enterprises LTD), Securities Purchase Agreement (Park National Corp /Oh/)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of in the Common Stock that occur after the date of this Agreement.
Appears in 8 contracts
Samples: Underwriting Agreement (Sunshine Biopharma, Inc), Underwriting Agreement (Sunshine Biopharma, Inc), Underwriting Agreement (Alset EHome International Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 8 contracts
Samples: Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (EverQuote, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares Common Stock that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (American Noble Gas, Inc.), Securities Purchase Agreement (Soluna Holdings, Inc), Securities Purchase Agreement (NXT-Id, Inc.)
Construction. The Each of the parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 7 contracts
Samples: Share Purchase Agreement (SurePure, Inc.), Acceptance of Offer (SurePure, Inc.), Share Purchase Agreement (SurePure, Inc.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Ordinary Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Ordinary Stock that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (Integrated Media Technology LTD)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (BlueNRGY Group LTD), Securities Purchase Agreement (BlueNRGY Group LTD), Securities Purchase Agreement (CBD Energy LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall will not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall will be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Exchange Agreement (ADVANCED MEDICAL ISOTOPE Corp), Securities Exchange Agreement (ADVANCED MEDICAL ISOTOPE Corp), Securities Exchange Agreement (Cyalume Technologies Holdings, Inc.)
Construction. The parties agree that each of them and/or and their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Range Impact, Inc.), Securities Purchase Agreement (Malachite Innovations, Inc.), Securities Purchase Agreement (Malachite Innovations, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Subscription Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Subscription Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Subscription Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement but before the Closing Date.
Appears in 5 contracts
Samples: Securities Purchase Agreement (ClearSign Technologies Corp), Securities Purchase Agreement (Gain Therapeutics, Inc.), Securities Purchase Agreement (Techprecision Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions relating to shares of the Common Stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cosmos Health Inc.), Securities Purchase Agreement (Cosmos Health Inc.), Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the relating to Common Stock Shares that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Akanda Corp.), Securities Purchase Agreement (Akanda Corp.), Securities Purchase Agreement (Akanda Corp.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices prices, ADSs and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the ADSs or Common Stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kitov Pharma Ltd.), Securities Purchase Agreement (Kitov Pharma Ltd.), Securities Purchase Agreement (Kitov Pharmaceuticals Holdings Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Dyadic International Inc), Securities Purchase Agreement (Fathom Holdings Inc.), Securities Purchase Agreement (Dolphin Entertainment, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Security Agreement (Response Biomedical Corp), Security Agreement (Response Biomedical Corp), Subscription Agreement (Response Biomedical Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Digital Brands Group, Inc.), Securities Purchase Agreement (It Tech Packaging, Inc.), Securities Purchase Agreement (It Tech Packaging, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Allovir, Inc.), Securities Purchase Agreement, Securities Purchase Agreement (AxoGen, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock common stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock common stock that occur after the date of this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Caribou Biosciences, Inc.), Securities Purchase Agreement (Oric Pharmaceuticals, Inc.), Securities Purchase Agreement (Kura Oncology, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement (without duplication of any such provisions for adjustments in such events that are set forth in the Warrants).
Appears in 5 contracts
Samples: Securities Purchase Agreement (Biolife Solutions Inc), Securities Purchase Agreement (Biolife Solutions Inc), Securities Purchase Agreement (Biolife Solutions Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.. 5.21
Appears in 5 contracts
Samples: 23606907 V8 Note Purchase Agreement (SpringBig Holdings, Inc.), Securities Purchase Agreement (Harbor Custom Development, Inc.), Securities Purchase Agreement
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (usell.com, Inc.), Securities Purchase Agreement (Dynatronics Corp), Securities Purchase Agreement (Dynatronics Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares and ADSs that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Nano Dimension Ltd.), Securities Purchase Agreement (Nano Dimension Ltd.), Securities Purchase Agreement (Nano Dimension Ltd.)
Construction. The parties hereto agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Exchange Agreement (Meridian Waste Solutions, Inc.), Securities Exchange Agreement (Meridian Waste Solutions, Inc.), Securities Exchange Agreement (Meridian Waste Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock relating to Ordinary Shares that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (NeuroSense Therapeutics Ltd.), Securities Purchase Agreement (Brenmiller Energy Ltd.), Securities Purchase Agreement (Brenmiller Energy Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock or Preferred Stock or Warrants in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Intellect Neurosciences, Inc.), Securities Purchase Agreement (Intellect Neurosciences, Inc.), Securities Purchase Agreement (Intellect Neurosciences, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Common Stock Subscription Agreement, Securities Purchase Agreement (Eco-Stim Energy Solutions, Inc.), Common Stock Subscription Agreement (Eco-Stim Energy Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of with respect to the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (GD Culture Group LTD), Securities Purchase Agreement (GD Culture Group LTD), Securities Purchase Agreement (GD Culture Group LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Class B Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Class B Shares that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and the number of shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.), Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.), Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the any drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Pedevco Corp), Securities Purchase Agreement (American Resources Corp), Securities Purchase Agreement (Digital Ally Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement as set forth in the applicable Transaction Document.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Nuwellis, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Preferred Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (Applied UV, Inc.), Applied UV, Inc., Applied UV, Inc.
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Series B Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Series B Preferred Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Mangoceuticals, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations combinations, reclassifications and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Consent and Waiver (Oncocyte Corp), Securities Purchase Agreement (Verb Technology Company, Inc.), Form of Securities Purchase Agreement (Verb Technology Company, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Series H Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Series H Preferred Stock that occur after the date of this Agreement.
Appears in 4 contracts
Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.. (Signature Pages Follow)
Appears in 3 contracts
Samples: Securities Purchase Agreement (Pura Naturals, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (Medis Technologies LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementEffective Date.
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Adial Pharmaceuticals, Inc.), Securities Purchase Agreement (Sport Endurance, Inc.), Securities Purchase Agreement (Sport Endurance, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock ADSs in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Fangdd Network Group Ltd.), Securities Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.), Securities Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents to which they are party and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the such Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Coliseum Capital Management, LLC), Securities Purchase Agreement (Andina II Holdco Corp.), Securities Purchase Agreement (Andina II Holdco Corp.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Heart Test Laboratories, Inc.), Securities Purchase Agreement (Bespoke Extracts, Inc.), Securities Purchase Agreement (Bespoke Extracts, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, share consolidations, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aeterna Zentaris Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.), Securities Purchase Agreement (Aeterna Zentaris Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Preferred Stock or Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Preferred Stock or Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alimera Sciences Inc), Securities Purchase Agreement (Alimera Sciences Inc), Securities Purchase Agreement (Alimera Sciences Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sino-Global Shipping America, Ltd.), Securities Purchase Agreement (Blue Sphere Corp.), Securities Purchase Agreement (Blue Sphere Corp.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and ordinary shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ordinary shares of the Company that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (Jowell Global Ltd.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement and prior to the Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Greenwave Technology Solutions, Inc.), Subscription Agreement (Acura Pharmaceuticals, Inc), Securities Purchase Agreement (Acura Pharmaceuticals, Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Class A Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations combinations, and other similar transactions of the Class A Common Stock that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Underwriting Agreement (T1V, Inc.), Underwriting Agreement (T1V, Inc.), Underwriting Agreement (T1V, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Share that occur after the date of this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Kaixin Auto Holdings), Securities Purchase Agreement (ReTo Eco-Solutions, Inc.), Securities Purchase Agreement (ReTo Eco-Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement but on or prior to the Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Nephros Inc), Securities Purchase Agreement (Determine, Inc.), Securities Purchase Agreement (Determine, Inc.)
Construction. The parties agree that each of them and/or and their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretoDocuments. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward any stock splits, stock combinations, stock dividends, stock combinations recapitalizations and other similar transactions of the Common Stock that occur on or after the date of this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Li3 Energy, Inc.), Investment Agreement (Li3 Energy, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule rale of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Note and Securities Purchase Agreement, Note and Securities Purchase Agreement (PAVmed Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement (but without duplication of any such adjustment provided in the other Transaction Documents).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Blue Calypso, Inc.), Security Agreement (PLC Systems Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock or HBD Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock or HBD Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Exchange Agreement, Securities Exchange Agreement (Document Security Systems Inc)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be other subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Amendment and Waiver Agreement (Wizzard Software Corp /Co), amendment Agreement (Hyperdynamics Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of or Common Stock or Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock or Preferred Stock, as applicable, that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Marina Biotech, Inc.), Securities Purchase Agreement (Marina Biotech, Inc.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Creative Realities, Inc.), Securities Purchase Agreement (Creative Realities, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Notes Purchase Agreement, Notes Purchase Agreement (Keryx Biopharmaceuticals Inc)
Construction. The parties Parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Rare Element Resources LTD), Investment Agreement (Synchron)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Company stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Company common stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Agreement (Vycor Medical Inc), Securities Exchange Agreement (Vycor Medical Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments theretoDocuments. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mer Telemanagement Solutions LTD), Securities Purchase Agreement (Mer Telemanagement Solutions LTD)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementExecution Date.
Appears in 2 contracts
Samples: Unit Purchase Agreement (FTE Networks, Inc.), Underwriting Agreement (Mast Therapeutics, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Series J Preferred Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Series J Preferred Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Biolase, Inc), Biolase, Inc
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock prices, ADSs in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock ADSs and Ordinary Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kuke Music Holding LTD), Securities Purchase Agreement (Legend Biotech Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, unless the context otherwise indicates, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Titan Environmental Solutions Inc.), Securities Purchase Agreement (SmartKem, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have Have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Security Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise this Agreement and the Transaction Documents transaction documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents transaction documents or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document transaction document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Debenture and Warrant Purchase Agreement (Inferx Corp), Debenture and Warrant Purchase Agreement (Telanetix,Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock or Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock or Ordinary Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hudson Capital Inc.), Securities Purchase Agreement (Hudson Capital Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock Ordinary Shares in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock Ordinary Shares that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ohmyhome LTD), Securities Purchase Agreement (SEALSQ Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.. (Signature Pages Follow)
Appears in 2 contracts
Samples: Securities Purchase Agreement (Harvard Apparatus Regenerative Technology, Inc.), Securities Purchase Agreement (Biostage, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall snail be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Security Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices, exercise prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Towerstream Corp), Securities Purchase Agreement (Towerstream Corp)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this AgreementAgreement and prior to the Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cleveland Biolabs Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices prices, Shares and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Provectus Biopharmaceuticals, Inc.)
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations combinations, and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Healthcare Triangle, Inc.)
Construction. The parties Parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party Party shall not be employed in the interpretation of the Transaction Documents this Agreement or any amendments theretohereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document this Agreement shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 1 contract
Construction. The parties hereto agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock share splits, stock share dividends, stock share combinations and other similar transactions of the shares of Common Stock that occur after the date of this Agreement.. 5.21
Appears in 1 contract
Samples: Securities Purchase Agreement (Digital Media Solutions, Inc.)
Construction. The parties agree that each of them and/or their respective counsel have has reviewed and had an opportunity to revise this Agreement and the Transaction Documents transaction documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents transaction documents or any amendments theretohereto. In addition, each and every reference to share prices in this Agreement and shares of Common Stock in any Transaction Document the Debentures and the Warrants shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 1 contract
Samples: Debenture and Warrant Purchase Agreement (Innovative Card Technologies Inc)
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock 38 dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 1 contract
Construction. The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any the Transaction Document Documents shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Disc Medicine, Inc.)
Construction. The parties Parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Appears in 1 contract
