Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.
Appears in 28 contracts
Samples: Common Stock Purchase Agreement (Bacterin International Holdings, Inc.), Common Stock Purchase Agreement (iBio, Inc.), Common Stock Purchase Agreement (iBio, Inc.)
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.
Appears in 15 contracts
Samples: Common Stock Purchase Agreement (Bionano Genomics, Inc), Common Stock Purchase Agreement (Ocean Power Technologies, Inc.), Common Stock Purchase Agreement (aTYR PHARMA INC)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.
Appears in 13 contracts
Samples: Common Stock Purchase Agreement (Novan, Inc.), Common Stock Purchase Agreement (ONCOSEC MEDICAL Inc), Common Stock Purchase Agreement (Sunesis Pharmaceuticals Inc)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common StockStock of the Company.
Appears in 11 contracts
Samples: Common Stock Purchase Agreement (Ipass Inc), Common Stock Purchase Agreement (Remark Media, Inc.), Common Stock Purchase Agreement (Veru Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common StockStock of the Company.
Appears in 9 contracts
Samples: Common Stock Purchase Agreement (Apricus Biosciences, Inc.), Common Stock Purchase Agreement (Copytele Inc), Common Stock Purchase Agreement (Nanosphere Inc)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.994.99% of the then issued and outstanding shares of Common StockStock of the Company.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (iFresh Inc), Share Purchase Agreement (Jaguar Health, Inc.), Common Stock Purchase Agreement (Jaguar Health, Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.994.99% of the then issued and outstanding shares of Common StockStock of the Company, unless waived in writing by Buyer.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Immune Pharmaceuticals Inc), Common Stock Purchase Agreement (Immune Pharmaceuticals Inc), Common Stock Purchase Agreement (Immune Pharmaceuticals Inc)
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.999.99% of the then issued and outstanding shares of Common Stock.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Net Element, Inc.), Common Stock Purchase Agreement (Net Element, Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.999.99% of the then issued and outstanding shares of Common StockStock of the Company.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Skyline Medical Inc.), Common Stock Purchase Agreement (Jaguar Health, Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer an Investor shall not purchase purchase, any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer Investor and its affiliates would result in the beneficial ownership by the Buyer Investor and its affiliates of more than 19.9933.3% of the then issued and outstanding shares of Common Stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.), Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase purchase, any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.994.99% of the then issued and outstanding shares of Common Stock.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Bloomios, Inc.), Common Stock Purchase Agreement (Alterola Biotech Inc.)
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common StockStock of the Company.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Recro Pharma, Inc.), Common Stock Purchase Agreement (Recro Pharma, Inc.)
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% shares in excess of the then issued and outstanding shares of Common StockExchange Cap.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Ritter Pharmaceuticals Inc), Common Stock Purchase Agreement (Ritter Pharmaceuticals Inc)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer Investor shall not purchase purchase, any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer Investor and its affiliates would result in the beneficial ownership by the Buyer Investor and its affiliates of more than 19.9933.0% of the then issued and outstanding shares of Common StockStock (such limitation being herein after referred to as the “Beneficial Ownership Limitation”).
Appears in 1 contract
Samples: Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer Purchaser shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer Purchaser and its affiliates would result in the beneficial ownership by the Buyer Purchaser and its affiliates of more than 19.994.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Sorrento Therapeutics, Inc.)
Beneficial Ownership Limitation. The Company shall not issue and the each Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the such Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.999.9% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tanzanian Gold Corp)
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell, and none of the Buyer Investors shall not purchase or acquire, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by such Investor and its respective affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer such Investor and its respective affiliates of more than 19.999.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”), unless, as of the date of this Agreement, such Investor already has beneficial ownership above the Beneficial Ownership Limitation.
Appears in 1 contract
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell, and the Buyer Investor shall not purchase or acquire, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by the Investor and its affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates Investor of more than 19.994.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”).
Appears in 1 contract
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell, and none of the Buyer Investors shall not purchase or acquire, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by such Investor and its respective affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer such Investor and its respective affiliates of more than 19.999.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”).
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.994.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (GBT Technologies Inc.)
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell to the Investor, and the Buyer Investor shall not purchase or acquire from the Company, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by the Investor and its affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates Investor of more than 19.999.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”).
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer an Investor shall not purchase purchase, any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer such Investor and its affiliates would result in the beneficial ownership by the Buyer such Investor and its affiliates of more than 19.9933.3% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer an Investor shall not purchase purchase, any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer Investor and its affiliates would result in the beneficial ownership by the Buyer Investor and its affiliates of more than 19.99% [33.3%] of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.999.9% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tanzanian Royalty Exploration Corp)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.Stock of the Company.
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.9914.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell, and none of the Buyer Investors shall not purchase or acquire, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by such Investor and its respective affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer such Investor and its respective affiliates of more than 19.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”).
Appears in 1 contract
Samples: Purchase Agreement Purchase Agreement (Endologix Inc /De/)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer each Purchaser shall not purchase any shares of Company Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Company Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Rule 13d-3 promulgated thereunder) by the Buyer each Purchaser and its their affiliates would result in the beneficial ownership by the Buyer each Purchaser and its their affiliates of more than 19.99% of the then issued and outstanding shares of Company Common Stock.
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock Ordinary Shares under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock Ordinary Shares then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”) and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common StockOrdinary Shares.
Appears in 1 contract
Samples: Ordinary Shares Purchase Agreement (Intec Pharma Ltd.)
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”), and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Athersys, Inc / New)
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell, and none of the Buyer Investors shall not purchase or acquire, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by such Investor and its respective affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer such Investor and its respective affiliates of more than 19.994.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”).
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement Warrant to Holder if such shares proposed to be issued and soldshares, when aggregated with all other shares of Common Stock then beneficially owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer Holder and its affiliates would result in the beneficial ownership by the Buyer Holder and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Bionano Genomics, Inc
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell, and none of the Buyer Investors shall not purchase or acquire, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by such Investor and its respective affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer such Investor and its respective affiliates of more than 19.999.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”). 3.
Appears in 1 contract
Samples: Purchase Agreement Purchase Agreement (Ocuphire Pharma, Inc.)
Beneficial Ownership Limitation. The Notwithstanding anything to the contrary contained in this Agreement, the Company shall not issue or sell, and the Buyer Investor shall not purchase or acquire, any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then beneficially owned beneficially by the Investor and its affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer Investor and its affiliates of more than 19.999.99% of the then issued and outstanding shares of Common StockStock (the “Beneficial Ownership Limitation”).
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.999.99% of the then issued and outstanding shares of Common StockStock (the “Maximum Percentage”).
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer each Purchaser shall not purchase purchase, any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and Rule 13d-3 promulgated thereunder) by the Buyer such Purchaser and its affiliates would result in the beneficial ownership by the Buyer such Purchaser and its affiliates of more than 19.999.99% of the then issued and outstanding shares of Common StockStock after giving effect to the issuance of the Shares hereunder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Crinetics Pharmaceuticals, Inc.)
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and soldwhich, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates affiliates, would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer shall not purchase any shares of Common Stock under this Agreement Agreement, if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common StockExchange Cap.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Sunshine Heart, Inc.)
Beneficial Ownership Limitation. The Company shall not issue issue, and the Buyer each Purchaser shall not purchase purchase, any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and Rule 13d-3 promulgated thereunder) by the Buyer such Purchaser and its affiliates would result in the beneficial ownership by the Buyer such Purchaser and its affiliates of more than 19.999.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Kura Oncology, Inc.)
Beneficial Ownership Limitation. The Company shall not issue and the Buyer shall not purchase any shares of Common Stock under this Agreement if such shares proposed to be issued and sold, when aggregated with all other shares of Common Stock then owned beneficially (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder) by the Buyer and its affiliates affiliates, would result in the beneficial ownership by the Buyer and its affiliates of more than 19.99% of the then issued and outstanding shares of Common Stock.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Athersys, Inc / New)
