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 676 contracts
Sources: Securities Purchase Agreement (Dror Ortho-Design, Inc.), Securities Purchase Agreement (AgEagle Aerial Systems Inc.), Securities Purchase Agreement (SmartKem, 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 608 contracts
Sources: Securities Purchase Agreement (Healthy Choice Wellness Corp.), Securities Purchase Agreement (Datavault AI Inc.), Securities Purchase Agreement (Processa Pharmaceuticals, 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 Indemnitees referred to in Section 4.109(k).
Appears in 442 contracts
Sources: Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (La Rosa Holdings Corp.), Securities Purchase Agreement (Fitell 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 320 contracts
Sources: Securities Purchase Agreement (FireFly Automatix, Inc.), Securities Purchase Agreement (FireFly Automatix, Inc.), Securities Purchase Agreement (Immuneering 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 4.104.8 and this Section 5.8.
Appears in 270 contracts
Sources: Securities Purchase Agreement (Linkage Global Inc), Securities Purchase Agreement (Clearmind Medicine Inc.), Securities Purchase Agreement (FibroBiologics, 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 260 contracts
Sources: Securities Purchase Agreement (Comstock Inc.), Securities Purchase Agreement (Comstock Inc.), Securities Purchase Agreement (Comstock 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 234 contracts
Sources: Securities Purchase Agreement (Reed's, Inc.), Securities Purchase Agreement (Reed's, Inc.), Securities Purchase Agreement (BioSig 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 4.104.10 and this Section 5.8.
Appears in 166 contracts
Sources: Securities Purchase Agreement (Nuvve Holding Corp.), Securities Purchase Agreement (Nuvve Holding Corp.), Securities Purchase Agreement (DarioHealth 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 136 contracts
Sources: Securities Purchase Agreement (Guided Therapeutics Inc), Securities Purchase Agreement (Benitec Biopharma Inc.), Securities Purchase Agreement (E-Home Household Service Holdings 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 4.104.7 and this Section 5.8.
Appears in 121 contracts
Sources: Securities Purchase Agreement (Nature's Miracle Holding Inc.), Securities Purchase Agreement (Nature's Miracle Holding Inc.), Securities Purchase Agreement (Talphera, 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
Sources: Note Purchase Agreement (Jones Soda Co), Securities Purchase Agreement (InsPro Technologies Corp), Securities Purchase Agreement (InsPro Technologies Corp)
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 successors and permitted assigns successors, 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 102 contracts
Sources: Chef Purchase Agreement (Movano Inc.), Chef Purchase Agreement (Hyperliquid Strategies Inc), Common Shares Purchase Agreement (Dih Holding Us, 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 102 contracts
Sources: Securities Purchase Agreement (Tenon Medical, Inc.), Securities Purchase Agreement (Predictive Oncology Inc.), Securities Purchase Agreement (Aspira Women's Health 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 4.10person or entity.
Appears in 94 contracts
Sources: Vice Chairman and Separation Agreement (ConnectOne Bancorp, Inc.), Executive Chairman Agreement (Serina Therapeutics, Inc.), Cfo Outsourcing Agreement (Ludwig Enterprises, 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 88 contracts
Sources: Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (Jeffs' Brands LTD)
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 in that each Indemnitee shall have the right to enforce the obligations of the Company with respect to Section 4.109(k).
Appears in 77 contracts
Sources: Securities Purchase Agreement (N2OFF, Inc.), Securities Purchase Agreement (Bandera Partners LLC), Securities Purchase Agreement (ParaZero Technologies Ltd.)
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 65 contracts
Sources: Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Registration Rights Agreement (Tonix Pharmaceuticals Holding Corp.), Purchase Agreement (Netlist Inc)
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 53 contracts
Sources: Purchase Agreement (BullFrog AI Holdings, Inc.), Purchase Agreement (Glucotrack, Inc.), Purchase Agreement (Autonomix Medical, 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 Indemnitees referred to in Section 4.108(k).
Appears in 51 contracts
Sources: Securities Purchase Agreement (Veritone, Inc.), Securities Purchase Agreement (Fisker Inc./De), Securities Purchase Agreement (Comstock Inc.)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns and assigns, 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 49 contracts
Sources: Purchase Agreement (Callan JMB Inc.), Purchase Agreement (Dolphin Entertainment, Inc.), Purchase Agreement (Callan JMB 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 42 contracts
Sources: Securities Purchase Agreement (NUSATRIP Inc), Securities Purchase Agreement (NUSATRIP Inc), Securities Purchase Agreement (NUSATRIP 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 34 contracts
Sources: Securities Purchase Agreement (APPlife Digital Solutions Inc), Securities Purchase Agreement (APPlife Digital Solutions Inc), Securities Purchase Agreement (PDS Biotechnology 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 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
Sources: Securities Purchase Agreement (Bitzumi, Inc.), Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Dyadic 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 set forth in Section 4.105.8.
Appears in 31 contracts
Sources: Securities Purchase Agreement (Erayak Power Solution Group Inc.), Preferred Stock Purchase Agreement (Digital Power Corp), Convertible Preferred Stock Purchase Agreement (POSITIVEID 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.
Appears in 30 contracts
Sources: Securities Purchase Agreement (CV Sciences, Inc.), Securities Purchase Agreement (CV Sciences, 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 its 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 29 contracts
Sources: Securities Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Nuburu, 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 28 contracts
Sources: Common Stock and Warrant Purchase Agreement, Securities Purchase Agreement (NTN Buzztime 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 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 other than the Indemnitees (as otherwise set forth defined below) referred to in Section 4.109(k).
Appears in 28 contracts
Sources: Securities Purchase Agreement (Apimeds Pharmaceuticals US, Inc.), Securities Purchase Agreement (Onfolio Holdings, Inc), Securities Purchase Agreement (GREENPOWER MOTOR Co INC.)
No Third Party Beneficiaries. This Except as expressly provided in Article VIII, this Agreement is intended only for the benefit of the parties hereto and their respective successors and permitted assigns successors, 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 28 contracts
Sources: Common Stock Purchase Agreement (Cero Therapeutics Holdings, Inc.), Common Stock Purchase Agreement (Nukkleus Inc.), Common Stock Purchase Agreement (Windtree Therapeutics 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 4.105.7.
Appears in 27 contracts
Sources: Common Stock Purchase Agreement (QUICKLOGIC Corp), Common Stock Purchase Agreement (QUICKLOGIC Corp), Common Stock Purchase Agreement (QUICKLOGIC Corp)
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
Sources: Stock Purchase Agreement (Medtainer, Inc.), Common Stock Purchase Agreement (Amyris, Inc.), Common Stock Purchase Agreement (Soul & Vibe Interactive 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 26 contracts
Sources: Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (GRANDPARENTS.COM, Inc.), Securities Purchase Agreement (Tauriga Sciences, 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 5.9.
Appears in 23 contracts
Sources: Common Stock Purchase Agreement (Pixelworks, Inc), Securities Purchase Agreement (Motorsport Games Inc.), Securities Purchase Agreement (Innovative Payment Solutions, Inc.)
No Third Party Beneficiaries. This Except as expressly provided in Article VIII, 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 21 contracts
Sources: Common Stock Purchase Agreement (Spectaire Holdings Inc.), Common Stock Purchase Agreement (Professional Diversity Network, Inc.), Common Stock Purchase Agreement (Arcimoto 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
Sources: Securities Purchase Agreement (Yak Communications Inc), Securities Purchase Agreement (Simtek Corp), 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
Sources: Upfront Securities Purchase Agreement (Firstsun Capital Bancorp), Securities Purchase Agreement (Ameris Bancorp), Securities Purchase Agreement (Vantagesouth Bancshares, 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 18 contracts
Sources: Common Stock Purchase Agreement, 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 4.104.2 and this Section 5.8.
Appears in 18 contracts
Sources: Securities Purchase Agreement (Towerstream Corp), Securities Purchase Agreement (Towerstream Corp), Securities Purchase Agreement (Towerstream Corp)
No Third Party Beneficiaries. This Except as contemplated by Article VI hereof, 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 Person, except as otherwise set forth in Section 4.10person.
Appears in 17 contracts
Sources: Note Purchase Agreement (Ambient Corp /Ny), Securities Purchase Agreement (Ambient Corp /Ny), Debenture and Warrant Purchase Agreement (Electro Energy 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 17 contracts
Sources: Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (NextPlat Corp), 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 4.104.6 (as to each Investor Party).
Appears in 17 contracts
Sources: Securities Purchase Agreement (HealthWarehouse.com, Inc.), Securities Purchase Agreement (New Atlantic Venture Fund Iii L P), Securities Purchase Agreement (HealthWarehouse.com, Inc.)
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
Sources: Securities Purchase Agreement (Mountain High Acquisitions Corp.), Securities Purchase Agreement (Altair International Corp.), Securities Purchase Agreement (Lixte Biotechnology Holdings, 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 Indemnitees referred to in Section 4.109(k) and the Placement Agent.
Appears in 16 contracts
Sources: Securities Purchase Agreement (Blackboxstocks Inc.), Securities Purchase Agreement (Luminar Technologies, Inc./De), Securities Purchase Agreement (SCWorx 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 expressly set forth in Section 4.104.1.
Appears in 16 contracts
Sources: 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 4.104.6 hereof.
Appears in 14 contracts
Sources: Securities Purchase Agreement (Bespoke Extracts, 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 4.104.7 of this Agreement.
Appears in 14 contracts
Sources: Subscription Agreement (Samson Oil & Gas LTD), Subscription Agreement (Samson Oil & Gas LTD), Subscription Agreement (Samson Oil & Gas LTD)
No Third Party Beneficiaries. This Agreement Except for the provisions of Section 5.10 hereof (which is intended to be for the benefit of the parties hereto persons referred to therein, and their respective successors and permitted assigns and may be enforced by such persons) nothing in this Agreement shall confer any rights upon any person or entity which is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10a party or permitted assignee of a party to this Agreement.
Appears in 13 contracts
Sources: Merger Agreement (Adc Telecommunications Inc), Merger Agreement (Advanced Power Technology Inc), Merger Agreement (Microsemi 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 Person, person (except as otherwise set forth provided in Section 4.10Article VI).
Appears in 13 contracts
Sources: Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, 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 4.104.5 (as to each Investor Party).
Appears in 13 contracts
Sources: Subscription Agreement (Moxian, Inc.), Securities Purchase Agreement (Codesmart Holdings, Inc.), Securities Purchase Agreement (First Independence 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 13 contracts
Sources: Securities Purchase Agreement (Estrella Immunopharma, Inc.), Securities Purchase Agreement (Metro One Telecommunications Inc), Securities Purchase Agreement (Co-Diagnostics, 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
Sources: 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 its 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 4.109(k).
Appears in 12 contracts
Sources: Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Mullen Automotive 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 12 contracts
Sources: Securities Purchase Agreement (Todos Medical Ltd.), Securities Purchase Agreement (Todos Medical Ltd.), 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 4.10Sections 5.4 and 6.7.
Appears in 12 contracts
Sources: Securities Purchase Agreement (Enphase Energy, Inc.), Securities Purchase Agreement (OncoCyte Corp), Securities Purchase Agreement (Enphase Energy, 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 Sections 4.9 and 4.10.
Appears in 11 contracts
Sources: Securities Purchase Agreement (Pro Pharmaceuticals Inc), Securities Purchase Agreement (Pro Pharmaceuticals Inc), Securities Purchase Agreement (Pro Pharmaceuticals 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
Sources: Registration Rights Agreement (Istar Inc.), Registration Rights Agreement (Istar Inc.), Registration Rights Agreement (Istar 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
Sources: Cancellation Agreement (Propanc Biopharma, Inc.), Cancellation Agreement (Propanc Biopharma, Inc.), Debt Cancellation Agreement (W&E Source Corp.)
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 10 contracts
Sources: Securities Purchase Agreement (Pelthos Therapeutics Inc.), Securities Purchase Agreement (Femasys 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 permitted successors and permitted assigns and, to the extent provided in Section 9 hereof, each Indemnitee, 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
Sources: Securities Purchase Agreement (Kaching Kaching, Inc.), Securities Purchase Agreement (Duke Mining Company, Inc.), Securities Purchase Agreement (Evolution Resources, Inc.)
No Third Party Beneficiaries. This Except as provided in Section 5.13, this Agreement is not 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 not be enforced enforceable by, any Person other Person, except as otherwise set forth in Section 4.10than the parties hereto and Merger Sub.
Appears in 10 contracts
Sources: Stockholder Agreement (Fargo Electronics Inc), Stockholder Agreement (Fargo Electronics Inc), Stockholder Agreement (Zebra Technologies Corp/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 4.104.6 (with respect to rights to indemnification and contribution).
Appears in 10 contracts
Sources: Note Purchase Agreement (Energy Focus, Inc/De), Securities Purchase Agreement (Energy Focus, Inc/De), 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 permitted successors and permitted assigns and, to the extent provided in Section 8 hereof, each Indemnitee, 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
Sources: Securities Exchange Agreement (Sonterra Resources, Inc.), Securities Purchase Agreement (Jed Oil Inc.), Securities Purchase Agreement (Sonterra 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 4.104.2.
Appears in 10 contracts
Sources: Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Taoping 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 4.10person.
Appears in 10 contracts
Sources: Convertible Debenture Purchase Agreement (Eurotech LTD), Convertible Debenture Purchase Agreement (Innovacom Inc), Registration Rights Agreement (Nexsan 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 each Purchaser Party is an intended third party beneficiary of Section 4.104.9.
Appears in 10 contracts
Sources: Securities Purchase Agreement (Biofrontera Inc.), Securities Purchase Agreement (Zymeworks Inc.), Securities Purchase Agreement (Unicycive Therapeutics, 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
Sources: Transaction, Voting and Support Agreement (QR Energy, LP), Voting and Support Agreement (LRR Energy, L.P.), Voting and Support Agreement (Eagle Rock Energy Partners L P)
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 4.104.7, the Purchaser Parties.
Appears in 9 contracts
Sources: Securities Purchase Agreement (Patriot National Bancorp Inc), Securities Purchase Agreement (Patriot National Bancorp Inc), Securities Purchase Agreement (Northpointe Bancshares Inc)
No Third Party Beneficiaries. This Except as expressly provided in the immediately preceding sentence and in Article IX, this Agreement is intended only for the benefit of the parties hereto and their respective successors and permitted assigns successors, 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 9 contracts
Sources: Common Stock Purchase Agreement (Inspire Veterinary Partners, Inc.), Common Stock Purchase Agreement (SCWorx Corp.), Share Purchase Agreement (Lilium N.V.)
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 that each Indemnitee (as otherwise set forth in defined below) shall have the right to enforce the obligations of the Company with respect to Section 4.109(k).
Appears in 9 contracts
Sources: Securities Purchase Agreement (Cryptyde, Inc.), Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Cellect Biotechnology Ltd.)
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 4.109(k).
Appears in 9 contracts
Sources: Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (PAVmed Inc.), Securities Purchase Agreement (IMAC 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 in Section 4.104.4 and this Section 5.8.
Appears in 9 contracts
Sources: Securities Purchase Agreement (Assembly Biosciences, Inc.), Securities Purchase Agreement (Assembly Biosciences, Inc.), Securities Purchase Agreement (Ondas Holdings Inc.)
No Third Party Beneficiaries. This Subject to Section 10.6, this Agreement is intended for binding upon, and insures solely to the benefit of the parties 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 Person, except as otherwise set forth in Section 4.10assigns; there are no third-party beneficiaries to this Agreement.
Appears in 9 contracts
Sources: Master Purchase and Service Agreement, Master Subscription Agreement, Master Subscription Agreement
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
Sources: Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Arena Pharmaceuticals 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 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
Sources: Common Stock Underwriting Agreement (Axonyx Inc), Stand by Purchase Agreement (Axonyx Inc), Stand by Purchase Agreement (Triangle Pharmaceuticals 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 Indemnitees referred to in Section 4.108(l).
Appears in 8 contracts
Sources: Securities Purchase Agreement (Generation Income Properties, Inc.), Securities Purchase Agreement (Cesca Therapeutics Inc.), Securities Purchase Agreement (Cesca 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 4.104.3 and Section 4.4.
Appears in 8 contracts
Sources: Common Stock Purchase Agreement (LandStar, Inc.), Common Stock Purchase Agreement (LandStar, 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 in Section 4.104.5 and this Section 5.8.
Appears in 8 contracts
Sources: Asset Purchase Agreement (Empery Digital Inc.), Securities Purchase and Exchange Agreement (Plus Therapeutics, Inc.), Securities Purchase Agreement (Red Violet, 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 4.10Article 6.
Appears in 8 contracts
Sources: Registration Rights Agreement (Northern Dynasty Minerals LTD), Subscription Agreement (Northern Dynasty Minerals LTD), Registration Rights Agreement (Northern Dynasty Minerals LTD)
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 4.108(k) below.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Classover Holdings, Inc.), Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (Autozi Internet Technology (Global) 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 4.10Sections 4.12.
Appears in 8 contracts
Sources: Subscription Agreement (Metron Technology N V), Securities Purchase Agreement (Path 1 Network Technologies Inc), Securities Purchase Agreement (Authentidate Holding 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 expressly set forth in Section 4.105.8 hereof.
Appears in 8 contracts
Sources: Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp), Securities Purchase Agreement (Bionovo Inc), Securities Purchase Agreement (Marina Biotech, Inc.)
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 with respect to those persons entitled to indemnity thereunder, 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
Sources: Securities Purchase Agreement (Splash Beverage Group, Inc.), Securities Purchase Agreement (Forward Industries, Inc.), Securities Purchase Agreement (Amaze Holdings, 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
Sources: Series K 5% Convertible Preferred Stock Exchange Agreement (Fonix Corp), Exchange Agreement (Fonix Corp), Series K 5% Convertible Preferred Stock 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 4.104.1.
Appears in 8 contracts
Sources: Securities Purchase Agreement (DPW Holdings, Inc.), Securities Purchase Agreement (Advaxis, Inc.), Securities Purchase Agreement (XTL Biopharmaceuticals LTD)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns and, to the extent provided in Section 8, each Indemnitee, 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 8 contracts
Sources: Securities Purchase Agreement (Creative Realities, Inc.), Securities Purchase Agreement (Lightpath Technologies Inc), Securities Purchase Agreement (Lightpath 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 4.10.IV.G.
Appears in 8 contracts
Sources: 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 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 5.7.
Appears in 8 contracts
Sources: Securities Purchase Agreement (PodcastOne, Inc.), Securities Purchase Agreement (Nvni Group LTD), Securities Purchase Agreement (LiveOne, 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 and this Section 5.7.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Safe Pro Group Inc.), Securities Purchase Agreement (Safe Pro Group Inc.), Securities Purchase Agreement (WANG & LEE 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 Personperson, except as otherwise set forth in that each Indemnified Person shall have the right to enforce the obligations of the Company with respect to Section 4.106.
Appears in 7 contracts
Sources: Registration Rights Agreement (A. M. Castle & Co.), Registration Rights Agreement (Total Plastics, Inc.), Registration Rights Agreement (Halcon Resources 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.
Appears in 7 contracts
Sources: Securities Purchase Agreement (PLBY Group, Inc.), Securities Purchase Agreement (PLBY Group, Inc.), Exchange Agreement (iCoreConnect 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 and Section 4.5.
Appears in 7 contracts
Sources: 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 in Section 4.104.09.
Appears in 7 contracts
Sources: 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 4.104.10 and this Section 5.7.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Precipio, Inc.), Securities Purchase Agreement (JRjr33, Inc.), Securities Purchase Agreement (CareDx, 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
Sources: Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Medite Cancer Diagnostics, Inc.), Securities Purchase Agreement (Medite Cancer Diagnostics, 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 Buyer Indemnitees referred to in Section 4.108(k).
Appears in 7 contracts
Sources: Securities Purchase Agreement (Neurotrope, Inc.), Securities Purchase Agreement (Atrinsic, Inc.), Securities Purchase Agreement (Neurotrope, Inc.)
No Third Party Beneficiaries. This Except as expressly provided in Article VIII, 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 4.10person.
Appears in 7 contracts
Sources: Investment Agreement (Intercloud Systems, Inc.), Investment Agreement (Intercloud Systems, Inc.), Investment Agreement (Terra Tech Corp.)
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, Person except as otherwise to the extent set forth in Section 4.109(k).
Appears in 6 contracts
Sources: Securities Purchase Agreement (Golden Sun Health Technology Group LTD), Securities Purchase Agreement (Golden Autumn Holdings Inc.), Securities Purchase Agreement (Comanche Clean Energy Corp)
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 in that each Indemnitee shall have the right to enforce the obligations of the Company with respect to Section 4.108(k).
Appears in 6 contracts
Sources: Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, 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 Indemnitees referred to in Section 4.109(k) and the Placement Agents.
Appears in 6 contracts
Sources: Securities Purchase Agreement (PharmaCyte Biotech, Inc.), Securities Purchase Agreement (TNF Pharmaceuticals, Inc.), Securities Purchase Agreement (AYRO, 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
Sources: Subscription Agreement (Quotient LTD), Subscription Agreement (Quotient LTD), Purchase Agreement (Apollo Commercial Real Estate Finance, Inc.)