Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 9 contracts
Samples: Securities Purchase Agreement (Alpha Beta Technology Inc), Securities Purchase Agreement (Smart Choice Automotive Group Inc), Securities Purchase Agreement (Avanir Pharmaceuticals)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 4 contracts
Samples: Securities Purchase Agreement (TXCO Resources Inc), Securities Purchase Agreement (TXCO Resources Inc), Securities Purchase Agreement (Ariad Pharmaceuticals Inc)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Notes and the related Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aphton Corp), Securities Purchase Agreement (Commtouch Software LTD), Securities Purchase Agreement (Viewpoint Corp/Ny/)
Initial Closing Date. The obligation of each Buyer hereunder to -------------------- purchase the Initial Preferred Shares at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Medcare Technologies Inc), Securities Purchase Agreement (Data Race Inc), Securities Purchase Agreement (Medcare Technologies Inc)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares and the Initial Warrants from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Log on America Inc), Securities Purchase Agreement (Netplex Group Inc)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Notes and the related Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 2 contracts
Samples: Securities Purchase Agreement (MFC Development Corp), Securities Purchase Agreement (MDwerks, Inc.)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Notes and the Initial Shares from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's ’s sole benefit and may be waived only by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof; and:
Appears in 2 contracts
Samples: Security Agreement (Cumulus Investors LLC), Securities Purchase Agreement (Averion International Corp.)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares and the related Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Oncor Inc), Securities Purchase Agreement (Argosy Gaming Co)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mills Corp), Securities Purchase Agreement (Mills Corp)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Debentures and Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Altair International Inc)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's ’s sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer hereunder to purchase the its Initial Preferred Shares Note and Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's ’s sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Converted Organics Inc.)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Notes from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Notes and the Initial Shares from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's ’s sole benefit and may be waived only by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Gastar Exploration LTD)
Initial Closing Date. The obligation of each Initial Buyer hereunder to purchase the Initial Preferred Shares and the Initial Warrants from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Initial Buyer's sole benefit and may be waived by such Initial Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer Buyers hereunder to purchase the Initial Preferred Shares at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's the sole benefit of the Buyers and may be waived by such Buyer a Buyer, with respect to it, at any time in its sole discretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Andrea Electronics Corp)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Notes and the related Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's ’s sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Art Advanced Research Technologies Inc)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares and the Additional Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each such Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company and each Buyer with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation obligations of each Buyer hereunder Buyers to consummate the purchase and sale of the Initial Preferred Shares at the Initial Closing is shall be subject to the satisfaction, at satisfaction or before waiver on or prior to the First Initial Closing Date or Second Initial Closing Date, as applicable, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Golden Minerals Co)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the its Initial Preferred Shares Note and Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's ’s sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Notes and the related Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's ’s sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer hereunder to -------------------- purchase the Initial Preferred Shares and the related Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares and the Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares and Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Andrea Electronics Corp)
Initial Closing Date. The obligation of each Initial Buyer hereunder to purchase the Initial Preferred Shares Notes at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Initial Buyer's sole benefit and may be waived by such Initial Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (American Real Estate Partners L P)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Stock at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Cardiodynamics International Corp)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Common Shares and the related Initial Warrants at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Units at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretiondiscretion by providing the Company with written notice thereof:
Appears in 1 contract
Samples: Securities Purchase Agreement (Tmci Electronics Inc)
Initial Closing Date. The obligation of each Buyer hereunder -------------------- to purchase the Initial Preferred Shares at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:
Appears in 1 contract
Samples: Securities Purchase Agreement (Advanced Tissue Sciences Inc)
Initial Closing Date. The obligation of each Buyer hereunder to purchase the Initial Preferred Shares Notes and the Initial Warrants from the Company at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived only by such Buyer at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof:
Appears in 1 contract
Initial Closing Date. The obligation hereunder of each Buyer hereunder Purchaser to purchase acquire and pay for the Initial Preferred Shares at the Initial Closing is subject to the satisfactionsatisfaction or waiver, at or before the Initial Closing DateClosing, of each of the following conditions, provided that these conditions set forth below. These conditions are for each BuyerPurchaser's sole benefit and may be waived by such Buyer Purchaser at any time in its sole discretion:.
Appears in 1 contract
