Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 53 contracts
Samples: Registration Rights Agreement (Ondas Holdings Inc.), Common Stock Purchase Agreement (Capstone Dental Pubco, Inc.), Series D Preferred Stock Purchase Agreement (Vascular Biogenics Ltd.)
Restated Certificate. The Company shall have filed the Restated -------------------- Certificate with the Secretary of State of Delaware on or prior to the ClosingClosing Date, which shall continue to be in full force and effect as of the ClosingClosing Date.
Appears in 16 contracts
Samples: Common Stock Purchase Agreement (Chemdex Corp), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the ClosingClosing Date, which shall continue to be in full force and effect as of the ClosingClosing Date.
Appears in 12 contracts
Samples: Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Voting Agreement (WhiteSmoke, Inc.)
Restated Certificate. The Company shall have filed the Restated -------------------- Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 6 contracts
Samples: Preferred Stock Purchase Agreement (Preview Systems Inc), Preferred Stock and Convertible Note Purchase Agreement (Drugstore Com Inc), Preferred Stock Purchase Agreement (Drugstore Com Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the such Closing.
Appears in 5 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Miromatrix Medical Inc.), Agreement and Plan of Merger and Reorganization (Valeritas Inc), Series D Preferred Stock Purchase Agreement (Valeritas Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the Initial Closing.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Constellation Alpha Capital Corp.), Series Seeda Preferred Stock Purchase Agreement, Preferred Stock Purchase Agreement (Glori Energy Inc.)
Restated Certificate. The Company shall have filed the Restated -------------------- Certificate with the Secretary of State of Delaware on or prior to the date of the Closing, which shall continue to be in full force and effect as of the date of the Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of the State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (iBio, Inc.), Preferred Stock Purchase Agreement (Printcafe Software Inc), Preferred Stock Purchase Agreement (Printcafe Software Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the applicable Closing.
Appears in 3 contracts
Samples: Adoption Agreement (Ondas Holdings Inc.), Series C Preferred Stock Purchase Agreement (Caribou Biosciences, Inc.), Series C Preferred Stock Purchase Agreement (Caribou Biosciences, Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the ClosingClosing Date, which shall continue to be in full force and effect as of the Closing.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement, Adoption Agreement (Fulcrum Bioenergy Inc), Series C Preferred Stock Purchase Agreement (Fulcrum Bioenergy Inc)
Restated Certificate. The Company Restated Certificate shall have been filed with and certified by the Restated Certificate with the Delaware Secretary of State of Delaware on or prior to the Closing, which and shall continue to be in full force and effect as of the Closing.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement, Series D Preferred Stock Purchase Agreement (Homeaway Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of the state of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 2 contracts
Samples: Warrant Purchase Agreement, Warrant Purchase Agreement (Lifelock, Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of the State of Delaware on at or prior to the Closing, which and the Restated Certificate shall continue to be in full force and effect as of the Closing.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Glori Energy Inc.), Preferred Stock and Warrant Purchase Agreement (Glori Energy Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
Appears in 2 contracts
Samples: Voting Agreement (Ovid Therapeutics Inc.), Voting Agreement (Ovid Therapeutics Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the date of the Closing, which shall continue to be in full force and effect as of the date of the Closing.
Appears in 2 contracts
Samples: Series C Stock Purchase Agreement (Bam Entertainment Inc), 1 (Bam Entertainment Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Initial Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary Department of State of the State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Printcafe Inc), Preferred Stock Purchase Agreement (Printcafe Inc)
Restated Certificate. The Restated Certificate of the Company shall have been filed the Restated Certificate with the Secretary of State of the State of Delaware on or prior to the Closing, which and shall continue to be in full force and effect as of the Closing.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Arrowhead Research Corp), Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the ClosingDelaware, which and it shall continue to be in full force and effect as of the Initial Closing.
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement, Convertible Promissory Note Purchase Agreement (Altimmune, Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the each Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Super League Gaming, Inc.), Common Stock Purchase Agreement (Super League Gaming, Inc.)
Restated Certificate. The After the release of the Restated Certificate by the Escrow Agent, the Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
Restated Certificate. The Company Company, using its reasonable best efforts, shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing..
Appears in 1 contract
Samples: Series Seed Preferred Stock Purchase Agreement (Digital Brands Group, Inc.)
Restated Certificate. The Company Restated Certificate shall have been filed the Restated Certificate with the Secretary of State of the State of Delaware on or prior to the Closing, which and shall continue to be in full force and effect as of on the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Cambridge Display Technology, Inc.)
Restated Certificate. The Company shall have filed the -------------------- Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Preferred Stock and Convertible Note Purchase Agreement (Drugstore Com Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the ClosingFirst Closing Date, which shall continue to be in full force and effect as of the ClosingFirst Closing Date.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Simplex Solutions Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of the State of Delaware on or prior to the ClosingRestated Certificate, which shall continue to be in full force and effect as of the ClosingClosing Date.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Myogen Inc)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the ClosingClosings.
Appears in 1 contract
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closingdate of this Agreement, which shall continue to be in full force and effect as of the Closingdate of this Agreement.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Glaxosmithkline PLC)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of the State of Delaware on or prior to the ClosingRestated Certificate, which shall continue to be in full force and effect as of the ClosingFirst Closing Date.
Appears in 1 contract
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing..
Appears in 1 contract
Samples: Series Seed Preferred Stock Purchase Agreement (Digital Brands Group, Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.Closing.
Appears in 1 contract
Restated Certificate. The Upon the release of the Restated Certificate by the Escrow Agent, the Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
Restated Certificate. The Company Restated Certificate shall have been filed the Restated Certificate with and accepted by the Secretary of State of the State of Delaware on or prior to the First Closing, which and shall continue to be in full force and effect as of the Second Closing.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Avalon Ventures IX GP, LLC)
Restated Certificate. The Company Company, using its reasonable best efforts, shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Series Seed Preferred Stock Purchase Agreement (Digital Brands Group, Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the Initial Closing.. 4.10
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Initial Closing, which shall continue to be in full force and effect as of the each Closing.. 4.8
Appears in 1 contract
Samples: Common Stock Purchase Agreement
Restated Certificate. The Company Restated Certificate shall have been filed the Restated Certificate with and accepted by the Secretary of State of the State of Delaware on or prior to the Initial Closing, which and shall continue to be in full force and effect as of the Subsequent Closing.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Avalon Ventures IX GP, LLC)
Restated Certificate. The Company Restated Certificate shall have been filed the Restated Certificate with and accepted by the Secretary of State of the State of Delaware on or prior to the Closing, which and shall continue to be in full force and effect as of the Additional Closing, as applicable.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Avalon Ventures IX GP, LLC)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the ClosingState of Delaware, which and the Restated Certificate shall continue to be in full force and effect as of on the Closing and each Subsequent Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Cambridge Display Technology, Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.. 4.6
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Caladrius Biosciences, Inc.)
Restated Certificate. The Company shall have filed the Restated Certificate of Designation with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Miso Robotics, Inc.)
Restated Certificate. The Company Restated Certificate shall have been filed the Restated Certificate with the Secretary of State of the State of Delaware on or prior to the Closing, which and shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of the State of Delaware on or prior to the such Closing, which shall continue to be in full force and effect as of the Closing.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (CannaVEST Corp.)
Restated Certificate. The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the First Closing, which shall continue to be in full force and effect as of the First Closing.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Poniard Pharmaceuticals, Inc.)
