Common use of Acquiring Person Clause in Contracts

Acquiring Person. Such Purchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 20% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Boston Life Sciences Inc /De), Securities Purchase Agreement (Cytogen Corp), Common Stock Purchase Agreement (Boston Life Sciences Inc /De)

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Acquiring Person. Such PurchaserInvestor, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 2015% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g3.2(o), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)

Acquiring Person. Such Purchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 20% or more of the Company’s 's outstanding Common Stock. For purposes of this Section 3.2(g)6.6, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 2 contracts

Samples: Note Purchase Agreement (Boston Life Sciences Inc /De), Note Purchase Agreement (Boston Life Sciences Inc /De)

Acquiring Person. Such PurchaserInvestor, including its affiliates, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 2016.5% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g)4.7, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Novartis Ag), Stock Purchase Agreement (Momenta Pharmaceuticals Inc)

Acquiring Person. Such PurchaserBuyer, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Securities Exchange Act of 1934, as amended (the “1934 Act”)), be the beneficial owner of 20% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g2(e), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange 1934 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Orthovita Inc)

Acquiring Person. Such PurchaserBuyer, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 20% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g2(j), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Orthovita Inc)

Acquiring Person. Such Purchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 20% or more of the Company’s 's outstanding Common Stock. For purposes of this Section 3.2(g), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cytogen Corp)

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Acquiring Person. Such Purchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 20% or more of the Company’s 's outstanding Common Stock. For purposes of this Section 3.2(g3.2(e), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Share Purchase Agreement (Cytogen Corp)

Acquiring Person. Such Purchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be become the beneficial owner of 20% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g)6.6, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 1 contract

Samples: Convertible Promissory Note Purchase Agreement (Alseres Pharmaceuticals Inc /De)

Acquiring Person. Such PurchaserThe Investor, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 2015% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g3.2(o), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)

Acquiring Person. Such The Purchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be become the beneficial owner of 20% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(g)6.6, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.

Appears in 1 contract

Samples: Convertible Promissory Note Purchase Agreement (Alseres Pharmaceuticals Inc /De)

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