No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 632 contracts
Samples: Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (Nutrition 21 Inc), Securities Purchase Agreement (GT Biopharma, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.8.
Appears in 586 contracts
Samples: Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Emisphere Technologies Inc), Securities Purchase Agreement (American Lorain CORP)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.9.
Appears in 315 contracts
Samples: Securities Purchase Agreement (Callisto Pharmaceuticals Inc), Securities Purchase Agreement (Manas Petroleum Corp), Securities Purchase Agreement (Callisto Pharmaceuticals Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.11.
Appears in 255 contracts
Samples: Registration Rights Agreement (Accentia Biopharmaceuticals Inc), Securities Purchase Agreement (CenterStaging Corp.), Securities Purchase Agreement (Id-Confirm, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.7.
Appears in 227 contracts
Samples: Securities Purchase Agreement (Arqit Quantum Inc.), Securities Purchase Agreement (Eyenovia, Inc.), Securities Purchase Agreement (Rasna Therapeutics Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.8 and this Section 5.8.
Appears in 165 contracts
Samples: Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (Marpai, Inc.), Securities Purchase Agreement (Energy Focus, Inc/De)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.10 and this Section 5.8.
Appears in 153 contracts
Samples: Securities Purchase Agreement (Rubini Jonathan Brian), Securities Purchase Agreement (Kaixin Auto Holdings), Securities Purchase Agreement (Inpellis, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.7 (as to each Investor Party).
Appears in 109 contracts
Samples: Securities Purchase Agreement (Uroplasty Inc), Securities Purchase Agreement (Crdentia Corp), Securities Purchase Agreement (Point Acquisition Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in this Section 4.105.8.
Appears in 97 contracts
Samples: Securities Purchase Agreement (Merion, Inc.), Securities Purchase Agreement (Merion, Inc.), Securities Purchase Agreement (IWEB, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.6.
Appears in 91 contracts
Samples: Securities Purchase Agreement (Harvard Apparatus Regenerative Technology, Inc.), Securities Purchase Agreement (ChromaDex Corp.), Second Securities Purchase Agreement (pSivida Corp.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.7 and this Section 5.8.
Appears in 81 contracts
Samples: Securities Purchase Agreement (ATIF Holdings LTD), Securities Purchase Agreement (NaturalShrimp Inc), Securities Purchase Agreement (Renavotio, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.5.
Appears in 78 contracts
Samples: Securities Purchase Agreement (Leader Capital Holdings Corp.), Common Stock Purchase Agreement (Synta Pharmaceuticals Corp), Securities Purchase Agreement (Wave Systems Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that each Related Person is an intended third party beneficiary of Section 4.8 and each Indemnified Party is an intended third party beneficiary of Section 6.4 and (in Section 4.10each case) may enforce the provisions of such Sections directly against the parties with obligations thereunder.
Appears in 64 contracts
Samples: Share Purchase Agreement (Document Security Systems Inc), Securities Purchase Agreement (Beacon Power Corp), Securities Purchase Agreement (Mamma Com Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective any permitted successors and permitted assigns and of the Company and, except as set forth in Section 9, is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 61 contracts
Samples: Purchase Agreement (Auris Medical Holding AG), Purchase Agreement (Phunware, Inc.), Registration Rights Agreement (Tonix Pharmaceuticals Holding Corp.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns and and, except as set forth in Section 9, is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 43 contracts
Samples: Purchase Agreement (Conformis Inc), Purchase Agreement (Todos Medical Ltd.), Purchase Agreement (Actinium Pharmaceuticals, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that each Indemnified Party is an intended third party beneficiary of Section 6.4 and (in Section 4.10each case) may enforce the provisions of such Sections directly against the parties with obligations thereunder.
Appears in 33 contracts
Samples: Securities Purchase Agreement (Pico Holdings Inc /New), Securities Purchase Agreement (Buca Inc /Mn), Securities Purchase Agreement (Curon Medical Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.106.7 and this Section 6.8.
Appears in 30 contracts
Samples: Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.105.8.
Appears in 30 contracts
Samples: Stock Purchase Agreement (Neah Power Systems, Inc.), Securities Purchase Agreement (Advanced Cell Technology, Inc.), Stock Loan Agreement (Sparta Commercial Services, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.8 and this Section 5.7.
Appears in 29 contracts
Samples: Securities Purchase Agreement (LIGHTBRIDGE Corp), Securities Purchase Agreement (Live Current Media Inc.), Securities Purchase Agreement (QHSLab, Inc.)
No Third Party Beneficiaries. This Except as expressly provided in Article IX, this Agreement is intended only for the benefit of the parties hereto and their respective permitted successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 27 contracts
Samples: Common Stock Purchase Agreement (Soul & Vibe Interactive Inc.), Common Stock Purchase Agreement (Microvision Inc), Common Stock Purchase Agreement (Oncothyreon Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.Article V.
Appears in 27 contracts
Samples: Common Stock and Warrant Purchase Agreement (Biosante Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Antares Pharma Inc), Preferred Stock and Warrant Purchase Agreement (Access Pharmaceuticals Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.4.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Edesa Biotech, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that each Indemnified Party is an intended third party beneficiary of Section 6.4 and (in each case) may enforce the provisions of such Section 4.10directly against the parties with obligations thereunder.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Nupathe Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.105.7.
Appears in 22 contracts
Samples: Securities Purchase Agreement (Feinberg Family Trust), Exchange Agreement (Hansen Medical Inc), Securities Purchase Agreement (Strobeck Matthew)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.8 and this Section 5.9.
Appears in 21 contracts
Samples: Securities Purchase Agreement (Innovative Payment Solutions, Inc.), Securities Purchase Agreement (OncBioMune Pharmaceuticals, Inc), Securities Purchase Agreement (Inuvo, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.8 (as to each Investor Party).
Appears in 20 contracts
Samples: Securities Purchase Agreement (Simtek Corp), Securities Purchase Agreement (Emerge Interactive Inc), Investment Agreement (Oceanaut, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in other than, solely with respect to the provisions of Section 4.104.8, the Indemnified Persons.
Appears in 18 contracts
Samples: Securities Purchase Agreement (Ameris Bancorp), Securities Purchase Agreement (Southern First Bancshares Inc), Securities Purchase Agreement (Aquiline BNC Holdings LLC)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.2 and this Section 5.8.
Appears in 17 contracts
Samples: Form of Subscription Agreement (MusclePharm Corp), Securities Purchase Agreement (ChromaDex Corp.), Securities Purchase Agreement (ChromaDex Corp.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Personperson (other than indemnified parties, except as otherwise set forth in Section 4.10contemplated by Article VII).
Appears in 17 contracts
Samples: Securities Purchase Agreement (ImmunoCellular Therapeutics, Ltd.), Securities Purchase Agreement (Cytrx Corp), Securities Purchase Agreement (Socket Communications Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.6 (as to each Investor Party).
Appears in 17 contracts
Samples: Securities Purchase Agreement (Asian Financial Inc), Securities Purchase Agreement (HealthWarehouse.com, Inc.), Securities Purchase Agreement (Asian Financial Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise expressly set forth in Section 4.104.8.
Appears in 17 contracts
Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.9 and this Section 5.8.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Summit Semiconductor Inc.), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Hancock Jaffe Laboratories, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10this Agreement.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Unique Logistics International Inc), Securities Exchange Agreement (AgEagle Aerial Systems Inc.), Securities Exchange Agreement (Unique Logistics International Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise expressly set forth in Section 4.104.1.
Appears in 16 contracts
Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.7 of this Agreement.
Appears in 14 contracts
Samples: Subscription Agreement (Samson Oil & Gas LTD), Subscription Agreement (Samson Oil & Gas LTD), Securities Purchase Agreement (Cell Therapeutics Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.6 hereof.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Coro Global Inc.), Securities Purchase Agreement (Coro Global Inc.), Securities Purchase Agreement (Bespoke Extracts, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.5 (as to each Investor Party).
Appears in 13 contracts
Samples: Securities Purchase Agreement (Progressive Gaming International Corp), Securities Purchase Agreement (Wwa Group Inc), Securities Purchase Agreement (Wwa Group Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10Sections 5.4 and 6.7.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Biotime Inc), Securities Purchase Agreement (Enphase Energy, Inc.), Securities Purchase Agreement (Pulse Biosciences, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth other than the Persons referred to in Section 4.105 hereof.
Appears in 12 contracts
Samples: Registration Rights Agreement (InsPro Technologies Corp), Registration Rights Agreement (InsPro Technologies Corp), Registration Rights Agreement (InsPro Technologies Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in this Section 4.105.7.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Co-Diagnostics, Inc.), Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.), Securities Purchase Agreement (ADVANCED MEDICAL ISOTOPE Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that each Related Person is an intended third party beneficiary of Section 4.14 and each Indemnified Party is an intended third party beneficiary of Section 6.4 and (in Section 4.10each case) may enforce the provisions of such Sections directly against the parties with obligations thereunder.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Azco Mining Inc), Securities Purchase Agreement (ProLink Holdings Corp.), Preferred Stock Purchase Agreement (Paradigm Holdings, Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Personperson, except as otherwise set forth in Section 4.106.
Appears in 11 contracts
Samples: Cancellation Agreement (Propanc Biopharma, Inc.), Cancellation Agreement (CBAK Energy Technology, Inc.), Cancellation Agreement (CBAK Energy Technology, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.8 and except that Ladenburg Xxxxxxxx & Co., Inc. is an intended third-party beneficiary hereunder.
Appears in 11 contracts
Samples: Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.12.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Todos Medical Ltd.), Securities Purchase Agreement (Marathon Fund L P V), Securities Purchase Agreement (Todos Medical Ltd.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section Sections 4.9 and 4.10.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Pro Pharmaceuticals Inc), Securities Purchase Agreement (Advanced Magnetics Inc), Securities Purchase Agreement (Oxigene Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except Person other than as otherwise expressly set forth in Article 4 and this Section 4.106.11.
Appears in 11 contracts
Samples: Registration Rights Agreement (Star Holdings), Registration Rights Agreement (Safety, Income & Growth, Inc.), Registration Rights Agreement (Aspen REIT, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in that each Indemnitee is an intended third party beneficiary of Section 4.104.5 and may enforce the provisions of such Sections directly against the parties with obligations thereunder.
Appears in 11 contracts
Samples: Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.6 (with respect to rights to indemnification and contribution).
Appears in 10 contracts
Samples: Securities Purchase Agreement (Energy Focus, Inc/De), Note Purchase Agreement (Energy Focus, Inc/De), Securities Purchase Agreement (Thermoenergy Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and the Purchaser Parties (with respect to Section 4.4) and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Authentidate Holding Corp), Stock Purchase Agreement (Tri Valley Corp), Securities Purchase Agreement (Aeolus Pharmaceuticals, Inc.)
No Third Party Beneficiaries. This Subject to Section 5.4, the provisions of this Agreement is intended for are binding upon, inure to the benefit of the parties hereto and their respective successors and permitted assigns assigns, and no provision of this Agreement is not for intended to confer any rights, benefits, remedies, obligations or liabilities hereunder upon any Person other than the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10parties hereto and their respective successors.
Appears in 10 contracts
Samples: Transaction, Voting and Support Agreement (QR Energy, LP), Voting and Support Agreement (Targa Resources Partners LP), Voting and Support Agreement (Atlas Energy, L.P.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns and, other than with respect to permitted assigns and assignees under Section 4.6, is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10person.
Appears in 10 contracts
Samples: Convertible Debenture Purchase Agreement (Eurotech LTD), Convertible Debenture Purchase Agreement (Innovacom Inc), Convertible Debenture Purchase Agreement (Innovacom Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Personperson, except as otherwise set forth provided in Section 4.10Article IX.
Appears in 9 contracts
Samples: Common Stock Underwriting Agreement (Axonyx Inc), By Purchase Agreement (Axonyx Inc), Common Stock Underwriting Agreement (Mgi Pharma Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in that each Related Person is an intended third party beneficiary of Section 4.104.10 and may enforce the provisions of such Section directly against the Company.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Arena Pharmaceuticals Inc), Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Global Epoint Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in each Purchaser Party is an intended third party beneficiary of Section 4.104.9.
Appears in 9 contracts
Samples: Form of Securities Purchase Agreement (Aevi Genomic Medicine, Inc.), Securities Purchase Agreement (Zymeworks Inc.), Securities Purchase Agreement (Mri Interventions, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.1.
Appears in 8 contracts
Samples: Securities Purchase Agreement (XTL Biopharmaceuticals LTD), Securities Purchase Agreement (XTL Biopharmaceuticals LTD), Securities Purchase Agreement (Advaxis, Inc.)
No Third Party Beneficiaries. This Agreement is intended to be solely for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10person or entity.
Appears in 8 contracts
Samples: Incentive Unit Award Agreement (Duck Creek Technologies, Inc.), Investment Agreement (Wasserstein Perella Group Inc), Subscription and Co Investment Agreement (Element K Corp)
No Third Party Beneficiaries. This Agreement is intended for the ------------------------------ benefit of the parties hereto and their respective permitted successors and assigns and, other than with respect to permitted assigns and is assignees under Section 11, not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10person.
Appears in 8 contracts
Samples: Registration Rights Agreement (Dermisonics, Inc), Registration Rights Agreement (Dermisonics, Inc), Registration Rights Agreement (Dermisonics, Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise expressly set forth in Section 4.105.8 hereof.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Pet Airways Inc.), Securities Purchase Agreement (Bionovo Inc), Security Agreement (NYXIO TECHNOLOGIES Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10Sections 4.12.
Appears in 8 contracts
Samples: Subscription Agreement (Metron Technology N V), Subscription Agreement (Metron Technology N V), Securities Purchase Agreement (Path 1 Network Technologies Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.2.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Kidron Nadav)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth other than the Indemnitees referred to in Section 4.1010(k).
Appears in 8 contracts
Samples: Securities Purchase Agreement (Morria Biopharmaceuticals PLC), Securities Restructuring Agreement (Sundial Growers Inc.), Securities Purchase Agreement (Vinco Ventures, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.IV.G.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns and, other than with respect to permitted assigns and assignees under Section 4.6, is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 8 contracts
Samples: Exchange Agreement (Fonix Corp), Exchange Agreement (Fonix Corp), Exchange Agreement (Fonix Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.3 and Section 4.4.
Appears in 8 contracts
Samples: Common Stock Purchase Agreement (Pure Bioscience, Inc.), Securities Purchase Agreement (Pure Bioscience, Inc.), Common Stock Purchase Agreement (LandStar, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.09.
Appears in 7 contracts
Samples: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.4 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Windtree Therapeutics Inc /De/), Stock Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Magnegas Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.4 and Section 4.5.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Pure Bioscience, Inc.), Securities Purchase Agreement (Pure Bioscience, Inc.), Securities Purchase Agreement (Pure Bioscience, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that each Related Person is an intended third party beneficiary of Section 4.7 and each Indemnified Party is an intended third party beneficiary of Section 6.4 and (in Section 4.10each case) may enforce the provisions of such Sections directly against the parties with obligations thereunder.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Corvis Corp), Securities Purchase Agreement (International Isotopes Inc), Securities Purchase Agreement (Hi Tech Pharmacal Co Inc)
No Third Party Beneficiaries. This Agreement is intended to be solely for the benefit of the parties hereto Members and their respective successors and permitted assigns and and, unless expressly stated herein, is not for the benefit of, nor may intended to and shall not confer any provision hereof be enforced by, rights or benefits on any third party (other Person, except as otherwise set forth in Section 4.10than successors and permitted assigns) not a signatory hereto.
Appears in 7 contracts
Samples: Operating Agreement (PPL Electric Utilities Corp), www.monitoringanalytics.com, Operating Agreement (Pp&l Resources Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Sections 4.5 and 4.9 and this Section 4.105.7.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Health-Right Discoveries, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.10 and this Section 5.7.
Appears in 7 contracts
Samples: Securities Purchase Agreement (CareDx, Inc.), Securities Purchase Agreement (Galena Biopharma, Inc.), Securities Purchase Agreement (Intercloud Systems, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in each Purchaser Party is an intended third party beneficiary of Section 4.10.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase Agreement (Mri Interventions, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns only, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Determine, Inc.), Common Stock Purchase Agreement (Presto Automation Inc.), Securities Purchase Agreement (Biofrontera Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.8 and except that the Placement Agents may rely on the representations and warranties made by each of the parties hereto.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Xoma LTD /De/), Warrant Amendment Agreement (Xoma LTD /De/), Securities Purchase Agreement (EnteroMedics Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10the indemnities under Sections 6.1, 7.6 and 7.7 hereof.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Geocom Resources Inc), Securities Purchase Agreement (Geocom Resources Inc), Securities Purchase Agreement (Geocom Resources Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.12 (as to each Investor Party).
Appears in 6 contracts
Samples: Securities Purchase Agreement (Sino Gas International Holdings, Inc.), Purchase Agreement (GoFish Corp.), Purchase Agreement (Tut Systems Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise to the extent set forth in Section 4.109(k) below.
Appears in 6 contracts
Samples: Preferred Stock Securities Purchase Agreement (Global Employment Holdings, Inc.), Preferred Stock Securities Purchase Agreement (Global Employment Holdings, Inc.), Common Stock Securities Purchase Agreement (Global Employment Holdings, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that each Indemnified Party is an intended third party beneficiary of Section 6.4 and (in each case) may enforce the provisions of such Section 4.106.4 directly against the parties with obligations thereunder.
Appears in 6 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Energous Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.6 and 4.7.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Osi Systems Inc), Securities Purchase Agreement (Surebeam Corp), Securities Purchase Agreement (Supergen Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 6 contracts
Samples: Loan Agreement (Enlightened Gourmet, Inc.), Loan Agreement (Synergy Pharmaceuticals, Inc.), Loan Agreement (Enlightened Gourmet, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in each Purchaser Party is an intended third party beneficiary of Section 4.104.7 and may enforce the provisions of such Section directly against the parties with obligations thereunder .
Appears in 6 contracts
Samples: Stock Purchase Agreement (Clearant Inc), Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (Clearant Inc)
No Third Party Beneficiaries. This Except as set forth in Section 6.13 and Section 6.14, this Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit ofof and shall not confer any rights or remedies on, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 6 contracts
Samples: Securities Purchase Agreement (GTT Communications, Inc.), Securities Purchase Agreement (GTT Communications, Inc.), Securities Purchase Agreement (GTT Communications, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto Parties and their respective successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10.
Appears in 6 contracts
Samples: Registration Rights Agreement (Marijuana Co of America, Inc.), Registration Rights Agreement (Eco Innovation Group, Inc.), Registration Rights Agreement (Propanc Biopharma, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.7 or to the extent that the Placement Agent is permitted to rely on the representations and warranties of the Company and the Purchasers made pursuant to Sections 3.1 and 3.2 hereunder.
Appears in 6 contracts
Samples: Form of Securities Purchase Agreement (Superconductor Technologies Inc), Securities Purchase Agreement (Superconductor Technologies Inc), Securities Purchase Agreement (Superconductor Technologies Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.6 and this Section 5.7.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Vitality Biopharma, Inc.), Securities Purchase Agreement (Stevia First Corp.), Securities Purchase Agreement (Vitality Biopharma, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.5 and this Section 5.8.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Micronet Enertec Technologies, Inc.), Securities Purchase Agreement (Compugen LTD), Securities Purchase Agreement (Micronet Enertec Technologies, Inc.)
No Third Party Beneficiaries. This Agreement is Except for Section 9.2 and Section 9.3, which are intended for the benefit of to benefit, and to be enforceable by, the parties specified therein, this Agreement, together with the other Transaction Documents and the Exhibits and Schedules hereto and thereto are not intended to confer in or on behalf of any Person not a party to this Agreement (and their respective successors and permitted assigns and is not for assigns) any rights, benefits, causes of action or remedies with respect to the benefit of, nor may subject matter or any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10hereof.
Appears in 6 contracts
Samples: Purchase Agreement (Visteon Corp), Stock and Asset Purchase Agreement (GCP Applied Technologies Inc.), Stock and Asset Purchase Agreement (Cbre Group, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that the Agent may rely upon the representations and warranties contained in Section 4.10Sections 2 and 3 hereof.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Sequenom Inc), Subscription Agreement (Quotient LTD), Securities Purchase Agreement (Discovery Laboratories Inc /De/)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10the indemnities under Sections 6.1 and 7.7 hereof.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Torrent Energy Corp), Securities Purchase Agreement (Torrent Energy Corp), Securities Purchase Agreement (Torrent Energy Corp)
No Third Party Beneficiaries. This Each provision of this Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not to be for the benefit of, nor may any provision hereof and shall be enforced enforceable by, the Member. Except as provided in the preceding sentence, this Agreement is not intended to, and shall not be construed to, create any other Person, except as otherwise set forth in Section 4.10right enforceable by any Person not a party hereto.
Appears in 6 contracts
Samples: Management Agreement (Coaxial LLC), Management Agreement (Coaxial LLC), Management Agreement (Insight Communications Co Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.104.13.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Dot Hill Systems Corp), Securities Purchase Agreement (U S Restaurant Properties Inc), Securities Purchase Agreement (U S Restaurant Properties Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.1010 (with respect to rights to indemnification and contribution).
Appears in 5 contracts
Samples: Purchase Agreement (Unwired Planet, Inc.), Purchase Agreement (Ekso Bionics Holdings, Inc.), Purchase Agreement (Star Bulk Carriers Corp.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10Sections 4.9 and 5.5.
Appears in 5 contracts
Samples: Note Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in that each Indemnitee is an intended third-party beneficiary of Section 4.105.4.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.106.3 and this Section 10.9.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Enliven Therapeutics, Inc.), Securities Purchase Agreement (Denali Therapeutics Inc.), Securities Purchase Agreement (Tango Therapeutics, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Sections 4.3 and 4.10 and this Section 4.105.7.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cool Technologies, Inc.), Securities Purchase Agreement (Endonovo Therapeutics, Inc.), Securities Purchase Agreement (Cool Technologies, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in that each Indemnitee is an intended third party beneficiary of Section 4.104.6 and may enforce the provisions of such Sections directly against the parties with obligations thereunder.
Appears in 5 contracts
Samples: Seventh Amendment Subscription Agreement (SMTC Corp), Subscription Agreement (Dialogic Inc.), Subscription Agreement (SMTC Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Article 4. or Section 4.105.7 (with respect to rights to indemnification and contribution).
Appears in 5 contracts
Samples: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.106.3 and this Section 10.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Oric Pharmaceuticals, Inc.), Stock Purchase Agreement (Gossamer Bio, Inc.), Stock Purchase Agreement (Crinetics Pharmaceuticals, Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto hereto, and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth that each Indemnified Party is an intended third-party beneficiary of Section 13 and (in Section 4.10each case) may enforce the provisions of such section directly against the parties with obligations thereunder.
Appears in 5 contracts
Samples: Note and Warrant Purchase Agreement (Lapis Technologies Inc), Warrant Purchase Agreement (Umami Sustainable Seafood Inc.), Note and Warrant Purchase Agreement (Umami Sustainable Seafood Inc.)
