New Class. The New Notes, when issued, will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 6 contracts
Sources: Exchange Agreement (Rocket Pharmaceuticals, Inc.), Note Exchange & Subscription Agreement (RumbleON, Inc.), Exchange Agreement (Ionis Pharmaceuticals Inc)
New Class. The Purchaser New Notes, when issued, will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 3 contracts
Sources: Convertible Notes Purchase Agreement (Biora Therapeutics, Inc.), Convertible Notes Purchase Agreement (Biora Therapeutics, Inc.), Convertible Notes Purchase Agreement (Biora Therapeutics, Inc.)
New Class. The New Notes, when issued, will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 2 contracts
Sources: Note Purchase Agreement (Karyopharm Therapeutics Inc.), Subscription Agreement (LumiraDx LTD)
New Class. The New NotesNotes and the Purchase Warrants, when issued, will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 1 contract
Sources: Subscription Agreement (Virgin Galactic Holdings, Inc)
New Class. The Holder New Notes, when issued, will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 1 contract
Sources: Convertible Notes Exchange Agreement (Biora Therapeutics, Inc.)
New Class. The New Notes, when issued, will not be of the same class as any class of securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 1 contract
New Class. The Exchanged New Notes, when issued, will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended 1934 (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 1 contract
Sources: Exchange Agreement (Amyris, Inc.)
New Class. The New 2024 Notes, when issued, will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or quoted in a U.S. automated inter-dealer quotation system, within the meaning of Rule 144A(d)(3)(i) under the Securities Act.
Appears in 1 contract
Sources: Exchange and Purchase Agreement (Clovis Oncology, Inc.)