Common use of Use of Proceeds Clause in Contracts

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 463 contracts

Samples: Securities Purchase Agreement (Calidi Biotherapeutics, Inc.), Securities Purchase Agreement (Calidi Biotherapeutics, Inc.), Securities Purchase Agreement (Hancock Jaffe Laboratories, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 173 contracts

Samples: Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.), Securities Purchase Agreement (Oxigene Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 33 contracts

Samples: Securities Purchase Agreement (Pingtan Marine Enterprise Ltd.), Securities Purchase Agreement (G Medical Innovations Holdings Ltd.), Securities Purchase Agreement (Akari Therapeutics PLC)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 32 contracts

Samples: Securities Purchase Agreement (Bellerophon Therapeutics, Inc.), Securities Purchase Agreement (Akers Biosciences, Inc.), Securities Purchase Agreement (ThermoGenesis Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 30 contracts

Samples: Securities Purchase Agreement (Cleveland Biolabs Inc), Securities Purchase Agreement (Us Energy Corp), Form of Securities Purchase Agreement (Oculus Innovative Sciences, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 25 contracts

Samples: Securities Purchase Agreement (Ensurge Inc), Securities Purchase Agreement (Spherix Inc), Securities Purchase Agreement (Spherix Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, ; (c) for the settlement of any outstanding litigation litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 17 contracts

Samples: Securities Purchase Agreement (Bit Brother LTD), Securities Purchase Agreement (China Xiangtai Food Co., Ltd.), Securities Purchase Agreement (Color Star Technology Co., Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Helios & Matheson Analytics Inc.), Securities Purchase Agreement (Vuzix Corp), Securities Purchase Agreement (Cesca Therapeutics Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Giga Tronics Inc), Securities Purchase Agreement (Cellectar Biosciences, Inc.), Securities Purchase Agreement (GeoVax Labs, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 14 contracts

Samples: Securities Purchase Agreement (Vision Marine Technologies Inc.), Securities Purchase Agreement (Avalon Rare Metals Inc.), Securities Purchase Agreement (NLS Pharmaceutics Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder substantially for working capital the purposes set forth on Schedule 4.9 hereto and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (GT Biopharma, Inc.), Securities Purchase Agreement (GT Biopharma, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 11 contracts

Samples: Securities Purchase Agreement (TC BioPharm (Holdings) PLC), Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (Genetic Technologies LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 9 contracts

Samples: Securities Purchase Agreement (InMed Pharmaceuticals Inc.), Securities Purchase Agreement (Neovasc Inc), Securities Purchase Agreement (Very Good Food Co Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, ; (c) for the settlement of any outstanding litigation litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 9 contracts

Samples: Securities Purchase Agreement (It Tech Packaging, Inc.), Securities Purchase Agreement (AmpliTech Group, Inc.), Securities Purchase Agreement (It Tech Packaging, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Bio-Path Holdings Inc), Securities Purchase Agreement (Bio-Path Holdings Inc), Securities Purchase Agreement (Avinger Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Offered Securities hereunder for general corporate or working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (CurrencyWorks Inc.), Securities Purchase Agreement

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing Prospectus and Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Histogen Inc.), Securities Purchase Agreement (Aclarion, Inc.), Securities Purchase Agreement (Gevo, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, ; (c) for the settlement of any outstanding litigation litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceed: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Lifelogger Technologies Corp), Securities Purchase Agreement (Proteonomix, Inc.), Securities Purchase Agreement (Lifelogger Technologies Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations. The proceeds of the offering will be employed by the Company substantially for the purposes set forth on Schedule 4.9.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Westinghouse Solar, Inc.), Securities Purchase Agreement (Andalay Solar, Inc.), Securities Purchase Agreement (Andalay Solar, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Rosetta Genomics Ltd.), Securities Purchase Agreement (Rosetta Genomics Ltd.), Securities Purchase Agreement (IceCure Medical Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Sigyn Therapeutics, Inc.), Securities Purchase Agreement (Verb Technology Company, Inc.), Securities Purchase Agreement (Marina Biotech, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; (b) for the redemption of any Common Stock or Common Stock Equivalents, ; (c) for the settlement of any outstanding litigation litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Ensysce Biosciences, Inc.), Securities Purchase Agreement (Ensysce Biosciences, Inc.), Securities Purchase Agreement (Allied Esports Entertainment, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto4.7, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Midatech Pharma PLC), Securities Purchase Agreement (Biodexa Pharmaceuticals PLC), Securities Purchase Agreement (Midatech Pharma PLC)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Neptune Wellness Solutions Inc.), Securities Purchase Agreement (Neptune Wellness Solutions Inc.), Securities Purchase Agreement (Neptune Wellness Solutions Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and accrued liabilities in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (CONTRAFECT Corp), Securities Purchase Agreement (Castellum, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Evergreen Energy Inc), Securities Purchase Agreement (Senesco Technologies Inc), Securities Purchase Agreement (Senesco Technologies Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares, ADSs or Common Stock Ordinary Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Lion Group Holding LTD), Securities Purchase Agreement (Lion Group Holding LTD), Securities Purchase Agreement (Lion Group Holding LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Uranium Energy Corp), Securities Purchase Agreement (Sphere 3D Corp), Securities Purchase Agreement (Uranium Energy Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing Prospectus and the Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Painreform Ltd.), Securities Purchase Agreement (Galmed Pharmaceuticals Ltd.), Securities Purchase Agreement (Kalera Public LTD Co)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables accounts payable and accrued expenses in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Apricus Biosciences, Inc.), Securities Purchase Agreement (Apricus Biosciences, Inc.), Securities Purchase Agreement (Apricus Biosciences, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoor as set forth in the Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Access Pharmaceuticals Inc), Securities Purchase Agreement (Access Pharmaceuticals Inc), Securities Purchase Agreement (Access Pharmaceuticals Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 5 contracts

Samples: Securities Purchase Agreement (CYREN Ltd.), Securities Purchase Agreement (Safe-T Group Ltd.), Securities Purchase Agreement (Safe-T Group Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (ReShape Lifesciences Inc.), Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.), Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing Prospectus and Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for general corporate and working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of regular monthly debt payments and trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (ZBB Energy Corp), Securities Purchase Agreement (ZBB Energy Corp), Securities Purchase Agreement (ZBB Energy Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Lianluo Smart LTD), Securities Purchase Agreement (Lianluo Smart LTD), Securities Purchase Agreement (Lianluo Smart LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for the working capital purposes described in the Registration Statement. and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Z Trim Holdings, Inc), Securities Purchase Agreement (Z Trim Holdings, Inc), Securities Purchase Agreement (Z Trim Holdings, Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and capital expenditure purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Urban Tea, Inc.), Securities Purchase Agreement (Bit Brother LTD), Securities Purchase Agreement (Urban Tea, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (AutoChina International LTD), Shares Purchase Agreement (Hyperdynamics Corp), Securities Purchase Agreement (SORL Auto Parts Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital and general corporate purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of the FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Codesmart Holdings, Inc.), Securities Purchase Agreement (Propell Technologies Group, Inc.), Securities Purchase Agreement (ScripsAmerica, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities Offering hereunder substantially for working capital the purposes set forth on Schedule 4.9 hereto and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (other than payment of trade payables in the ordinary course of the Company’s business and consistent with prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Reign Sapphire Corp), Securities Purchase Agreement (Reign Sapphire Corp), Securities Purchase Agreement (Reign Sapphire Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 4.4 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Terra Tech Corp.), Securities Purchase Agreement (Terra Tech Corp.), Securities Purchase Agreement (Terra Tech Corp.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Therapix Biosciences Ltd.), Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (SciSparc Ltd./Adr)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Hyperdynamics Corp), Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (Hyperdynamics Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes within the United States of America and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ADVANCED MEDICAL ISOTOPE Corp), Securities Purchase Agreement (ADVANCED MEDICAL ISOTOPE Corp), Securities Purchase Agreement (Propanc Health Group Corp)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Tetraphase Pharmaceuticals Inc), Securities Purchase Agreement (Tetraphase Pharmaceuticals Inc), Securities Purchase Agreement (Tetraphase Pharmaceuticals Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Offered Securities hereunder for working capital purposes as described in the General Disclosure Package and Prospectus and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Prima BioMed LTD), Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (Genetic Technologies LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general business purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt Indebtedness (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (Wisa Technologies, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities Warrants hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and service providers such as auditors and attorneys in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation litigation,or (d) in violation of FCPA or OFAC regulations.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (Hudson Capital Inc.), Securities Purchase Agreement (Freight Technologies, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicespractices and the Company debt set forth on Schedule 4.9), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (NXT Nutritionals Holdings, Inc.), Securities Purchase Agreement (NXT Nutritionals Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices)) other than as provided in Schedule 4.7, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (RiceBran Technologies), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 3.11 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Registration Rights Agreement (Revelstone Capital Acquisition Corp.), Registration Rights Agreement (Revelstone Capital Acquisition Corp.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and for the purposes set forth in the Registration Statement, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Capricor Therapeutics, Inc.), Securities Purchase Agreement (Capricor Therapeutics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Versus Systems Inc.), Securities Purchase Agreement (Edesa Biotech, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mateon Therapeutics Inc), Securities Purchase Agreement (Mateon Therapeutics Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and as otherwise described in the press release that announces the sale of the Securities and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; (b) for the redemption of any Common Stock or Common Stock Equivalents, ; (c) for the settlement of any outstanding litigation litigation; or (d) in violation of the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (AeroClean Technologies, Inc.), Securities Purchase Agreement (Molekule Group, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Dunxin Financial Holdings LTD), Securities Purchase Agreement (Guardforce AI Co., Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Arbe Robotics Ltd.), Share Purchase Agreement (Recon Technology, LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities Offering hereunder for working capital the purposes set forth on Schedule 4.9 and the expenses of the Offering and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (iHookup Social, Inc.), Securities Purchase Agreement (Friendable, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Registration Statement, Pricing Prospectus and Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Avenue Therapeutics, Inc.), Securities Purchase Agreement (Avenue Therapeutics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior consistent with past practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Wizzard Software Corp /Co), Securities Purchase Agreement (Wizzard Software Corp /Co)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption repurchase of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Avinger Inc), Securities Purchase Agreement (Avinger Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Shares or Common Stock Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (IMV Inc.), Securities Purchase Agreement (IMV Inc.)

Use of Proceeds. Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ReWalk Robotics Ltd.), Form of Securities Purchase Agreement (ReWalk Robotics Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Opgen Inc), Securities Purchase Agreement (Opgen Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Smart for Life, Inc.), Securities Purchase Agreement (Smart for Life, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 3.4 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Share Purchase Agreement (Wearable Devices Ltd.), Share Purchase Agreement (Wearable Devices Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the outstanding principal amount of any of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Clearone Inc), Securities Purchase Agreement (Clearone Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt (other than equipment lease payments and other payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of the FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lightpath Technologies Inc), Securities Purchase Agreement (Lightpath Technologies Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall intends to use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Integrity Applications, Inc.), Securities Purchase Agreement (Integrity Applications, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicespractices and principal and interest payments required under its existing loan facility), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Titan Pharmaceuticals Inc), Securities Purchase Agreement (Titan Pharmaceuticals Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Genprex, Inc.), Securities Purchase Agreement (Genprex, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Form of Securities Purchase Agreement (Atlis Motor Vehicles Inc), Pledge Agreement (Ascent Solar Technologies, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (OKYO Pharma LTD), Securities Purchase Agreement (TuanChe LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 4.3 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Magnegas Corp), Securities Purchase Agreement (Marizyme Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall will use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall will not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)

Use of Proceeds. Except as set forth on in Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and other general corporate purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (VCI Global LTD), Securities Purchase Agreement (VCI Global LTD)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practicespractices or debt outstanding as of the date hereof in accordance with the terms in effect as of the date hereof), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Palatin Technologies Inc), Securities Purchase Agreement (Palatin Technologies Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 4.8 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Medovex Corp.), Securities Purchase Agreement (Sigyn Therapeutics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities Offering hereunder for working capital purposes and the expenses of the Offering and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt except as disclosed on Schedule 4.9 (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Vapor Corp.), Securities Purchase Agreement (NXT-Id, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital the purposes set forth in Section 4.20(d) of this Agreement, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase and Exchange Agreement (Synthesis Energy Systems Inc), Securities Purchase Agreement (Synthesis Energy Systems Inc)

Use of Proceeds. Except as set forth on Schedule 4.7 attached heretoin the Pricing Prospectus, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tenon Medical, Inc.), Securities Purchase Agreement (Tenon Medical, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds proceeds, if any, from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Freight Technologies, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for the repayment of the Existing Debt, the redemption in full of the Existing Preferred Shares and working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, other than the Existing Preferred Shares, (cb) for the settlement of any outstanding litigation or (dc) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (MassRoots, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.5 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and expense of the Public Merger Transaction and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Enveric Biosciences, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business business, Payroll Protection Program loan and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for land purchases and working capital purposes purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock EquivalentsEquivalents (other than purchases and redemptions of shares of Common Stock held by employees, (cofficers or directors of the Company in connection with the satisfaction of the exercise price of compensatory awards or the satisfaction of tax withholding obligations) for the settlement of any outstanding litigation or (db) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Comstock Mining Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 3.10 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kitara Media Corp.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.5 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital and capital expenditure purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), ; (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, ; (c) for the settlement of any outstanding litigation litigation; or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (TD Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for general administrative, research and development, and working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Odyssey Health, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 4.6 attached hereto, the Company shall use the net proceeds from the sale of the Securities Debentures hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (AMERI Holdings, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital the purposes as specified in Schedule 4.9 and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fangdd Network Group Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes as set forth on Schedule 4.9 attached hereto, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s 's debt (other than payment of trade payables in the ordinary course of the Company’s 's business and prior practices), except as may be agreed to between the parties and memorialized on Schedule 4.9, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cardiff International Inc)

Use of Proceeds. Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities Shares hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (ReWalk Robotics Ltd.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceedsproceeds for: (a) for the satisfaction of any portion of the Company’s debt Indebtedness (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, Equivalents or (c) for the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Opexa Therapeutics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables and overdue employee compensation in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation litigation, or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Delcath Systems, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), other than as provided in Schedule 4.7, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (RiceBran Technologies)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt excluding interest payable on Company debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

Appears in 1 contract

Samples: Securities Purchase Agreement (Opexa Therapeutics, Inc.)

Use of Proceeds. Except as set forth on Schedule 4.7 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes purposes, including acquisitions or strategic transactions, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulationsregulations .

Appears in 1 contract

Samples: Securities Purchase Agreement (Jerrick Media Holdings, Inc.)