Common use of Holder Status Clause in Contracts

Holder Status. Such Holder is, and on each date on which it exercises any Warrants, it will be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Holder is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.

Appears in 1 contract

Sources: Warrant Amendment Agreement (Xoma LTD /De/)

Holder Status. Such Holder is, and on On each date on which it the Holder exercises any Warrantsthis Warrant, it will be, be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Holder is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.

Appears in 1 contract

Sources: Security Agreement (Intellipharmaceutics International Inc.)

Holder Status. Such As of the date hereof the Holder is, and on each date on which it the Holder exercises any Warrants, it the Holder will be, be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Holder is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.

Appears in 1 contract

Sources: Warrant Exercise Agreement (Workhorse Group Inc.)

Holder Status. Such Holder is, and on each date on which it exercises any June Warrants, it will be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Holder is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.

Appears in 1 contract

Sources: Warrant Amendment Agreement (Xoma LTD /De/)

Holder Status. Such Holder is, and on On each date on which it the Holder exercises any Warrantsthis Warrant, it will be, be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) 501 under the Securities Act (as amended by the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act) or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Holder is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.

Appears in 1 contract

Sources: Security Agreement (Top Image Systems LTD)

Holder Status. Such At the time such Holder is, and on each date on which it exercises any was offered the Warrants, it will bewas, and as of the date hereof it is, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) 501 under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Holder is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.

Appears in 1 contract

Sources: Warrant Exercise Agreement (Rekor Systems, Inc.)