Common use of Information on Company Clause in Contracts

Information on Company. Such Subscriber has been furnished with or has had access to the XXXXX Website of the Commission to the Company’s filings made with the Commission through the date hereof, referred to herein collectively as the “Reports”. Subscribers are not deemed to have any knowledge of any information not included in the Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber has requested in writing, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber deems material in deciding on the advisability of investing in the Securities. Such Subscriber was afforded (i) the opportunity to ask such questions as such Subscriber deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 4 contracts

Samples: Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.)

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Information on Company. Such Subscriber Purchaser has been furnished with or has had access to the XXXXX Website of the Commission to the Company’s filings made with the Commission through the date hereof, referred to herein collectively as the “SEC Reports. Subscribers Purchasers are not deemed to have any knowledge of any information not included in the SEC Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber Purchaser may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber Purchaser has requested in writingrequested, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber Purchaser deems material in deciding on the advisability of investing in the Securities. Such Subscriber Purchaser was afforded (i) the opportunity to ask such questions as such Subscriber Purchaser deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber Purchaser to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Genius Brands International, Inc.), Securities Purchase Agreement (Immudyne, Inc.), Securities Purchase Agreement (XpresSpa Group, Inc.)

Information on Company. Such Subscriber Each Holder has been furnished with or has had access to the XXXXX Website of SEC Reports during the Commission to period from the Company’s filings made with date that is two years preceding the Commission date hereof through the date hereof, referred to herein collectively as tenth Trading Day preceding the “Reports”Closing Date in which such Holder purchases Securities. Subscribers Holders are not deemed to have any knowledge of any information not included in the SEC Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber Holder may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber Holder has requested in writing, identified thereon as OTHER WRITTEN INFORMATION under a confidentiality agreement (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber Holder deems material in deciding on the advisability of investing in the Securities. Such Subscriber Holder was afforded (i) the opportunity to ask such questions as such Subscriber Holder deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber Holder to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 2 contracts

Samples: Series a Exchange Agreement (MobileSmith, Inc.), Series a Exchange Agreement (MobileSmith, Inc.)

Information on Company. Such Subscriber has been furnished with or has had access to the XXXXX Website of the Commission to the Company’s filings made with the Commission during the period from the date that is two years preceding the date hereof through the date hereof, tenth business day preceding the Closing Date (hereinafter referred to herein collectively as the “Reports”). Subscribers are not deemed to have any knowledge of any information not included in the Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber has requested in writing, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber deems material in deciding on the advisability of investing in the Securities. Such Subscriber was afforded (i) the opportunity to ask such questions as such Subscriber deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 2 contracts

Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Security Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Information on Company. Such Subscriber Each Holder has been furnished with or has had access to the XXXXX Website of OTC Reports during the Commission to period from the Company’s filings made with date that is two years preceding the Commission date hereof through the date hereof, referred to herein collectively as tenth Trading Day preceding the “Reports”Closing Date in which such Holder purchases Securities. Subscribers Holders are not deemed to have any knowledge of any information not included in the OTC Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber Holder may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber Holder has requested in writing, identified thereon as OTHER WRITTEN INFORMATION under a confidentiality agreement (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber Holder deems material in deciding on the advisability of investing in the Securities. Such Subscriber Holder was afforded (i) the opportunity to ask such questions as such Subscriber Holder deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber Holder to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 1 contract

Samples: Series B Exchange Agreement (Tapinator, Inc.)

Information on Company. Such Subscriber Purchaser has been furnished with or has had access to the XXXXX EXXXX Website of the Commission to the Company’s filings made with the Commission through the date hereof, referred to herein collectively as tenth business day preceding the “Reports”Closing Date in which such Purchaser purchases Securities hereunder. Subscribers Purchasers are not deemed to have any knowledge of any information not included in the Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber Purchaser may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber Purchaser has requested in writingrequested, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber Purchaser deems material in deciding on the advisability of investing in the Securities. Such Subscriber Purchaser was afforded (i) the opportunity to ask such questions as such Subscriber Purchaser deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber Purchaser to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Reign Sapphire Corp)

Information on Company. Such Subscriber The Purchaser has been furnished with or has had access to the XXXXX Website of the Commission to the Company’s filings made with the Commission through the date hereof, referred to herein collectively as the “SEC Reports. Subscribers are The Purchaser is not deemed to have any knowledge of any information not included in the SEC Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber the Purchaser may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber the Purchaser has requested in writingrequested, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber the Purchaser deems material in deciding on the advisability of investing in the Securities. Such Subscriber The Purchaser was afforded (i) the opportunity to ask such questions as such Subscriber the Purchaser deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber the Purchaser to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (XpresSpa Group, Inc.)

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Information on Company. Such Subscriber has been furnished with or has had access to the XXXXX EXXXX Website of the Commission to the Company’s filings filings, as amended, made with the Commission through the date hereofthird business day preceding the Closing Date, referred to herein collectively as the “Reports”. Subscribers are not deemed to have any knowledge of any information not included in the Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber has requested in writing, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber deems material in deciding on the advisability of investing in the Securities. Such Subscriber was afforded (i) the opportunity to ask such questions as such Subscriber deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 1 contract

Samples: Subscription Agreement (MusclePharm Corp)

Information on Company. Such Subscriber has been furnished with or has had access to the XXXXX EXXXX Website of the Commission to the Company’s filings made with the Commission through beginning on January 15, 2013, including but not limited to the date hereofRisk Factor section of the Company’s Current Report on Form 8-K filed with the Commission on January 15, 2013, as amended (hereinafter referred to herein collectively as the “Reports”). Subscribers are not deemed to have any knowledge of any information not included in the Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber has requested in writing, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber deems material in deciding on the advisability of investing in the Securities. Such Subscriber was afforded (i) the opportunity to ask such questions as such Subscriber deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Be Active Holdings, Inc.)

Information on Company. Such Subscriber has been furnished with or has had access to the XXXXX EXXXX Website of the Commission to the Company’s filings made with the Commission during the period from January 1, 2011 through the date hereof, tenth business day preceding the Closing Date (hereinafter referred to herein collectively as the “Reports”). Subscribers are not deemed to have any knowledge of any information not included in the Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber has requested in writing, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber deems material in deciding on the advisability of investing in the Securities. Such Subscriber was afforded (i) the opportunity to ask such questions as such Subscriber deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Optionable Inc)

Information on Company. Such Subscriber Purchaser has been furnished with or has had access to the XXXXX Website of the Commission to the Company’s filings made with the Commission through the date hereof, referred to herein collectively as the “SEC Reports. Subscribers are Such Purchaser is not deemed to have any knowledge of any information not included in the SEC Reports unless such information is delivered in the manner described in the next sentence. In addition, such Subscriber Purchaser may have received in writing from the Company such other information concerning its operations, financial condition and other matters as such Subscriber Purchaser has requested in writingrequested, identified thereon as OTHER WRITTEN INFORMATION (such other information is collectively, the “Other Written Information”), and considered all factors such Subscriber Purchaser deems material in deciding on the advisability of investing in the Securities. Such Subscriber Purchaser was afforded (i) the opportunity to ask such questions as such Subscriber Purchaser deemed necessary of, and to receive answers from, representatives of the Company concerning the merits and risks of acquiring the Securities; (ii) the right of access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable such Subscriber Purchaser to evaluate the Securities; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to acquiring the Securities.

Appears in 1 contract

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

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