Common use of Agreement to Sell and Purchase the Shares; Subscription Date Clause in Contracts

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1. At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares, each as set forth in Section 3 of the Stock Purchase Agreement to which these Terms and Conditions are attached at the Purchase Price set forth thereon. 2.2. The Company may enter into a substantially similar form of Stock Purchase Agreement, including these Terms and Conditions, with other investors (the "Other Investors") and expects to complete sales of shares of the Company's common stock to the Other Investors. 2.3. The obligations of the Other Investors under any similar subscription agreement are several and not joint with the obligations of any Other Investors and the Investor, and no Other Investor, including the Investor, shall be responsible in any way for the performance of the obligations of any Other Investors under any agreement. Nothing contained herein, and no action taken by the Investor, shall be deemed to constitute a partnership, an association, a joint venture or any other kind of entity between the Investor and the Other Investors, or create a presumption that the Other Investors and the Investor are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby. The Investor shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement (provided, that such rights may be modified, amended or waived in accordance with Section 9 below), and it shall not be necessary for any Other Investors to be joined as an additional party in any proceeding for such purpose.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Transtechnology Corp), Stock Purchase Agreement (Transtechnology Corp)

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1. 2.1 At the Closing (as defined in Section 3), the Company will sell to the each Investor, and the each Investor will purchase from the Company, respectively, upon the terms and conditions hereinafter set forth, the number of Shares, each Shares as set forth in Section 3 of the Stock Securities Purchase Agreement to which these Terms and Conditions are attached at the Purchase Price purchase price set forth thereon. 2.2. The Company may enter into a substantially similar form of Stock Purchase Agreement, including these Terms and Conditions, with other investors (the "Other Investors") and expects to complete sales of shares of the Company's common stock to the Other Investors. 2.3. 2.2 The obligations of each Investor under the Other Investors under any similar subscription agreement Agreement are several and not joint with the obligations of any Other Investors and the other Investor, and no Other Investor, including the Investor, Investor shall be responsible in any way for the performance of the obligations of any Other Investors other Investor under any agreementthe Agreement. Nothing contained herein, and no action taken by the any Investor, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity between the Investor and the Other Investorsentity, or create a presumption that the Other Investors and the Investor are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby, provided that such obligations or the transactions contemplated hereby may be modified, amended or waived in accordance with Section 9 below. The Each Investor shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement (provided, that such rights may be modified, amended or waived in accordance with Section 9 below), and it shall not be necessary for any Other Investors other Investor to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Sources: Securities Purchase Agreement (Hemosense Inc)