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 690 contracts
Sources: Securities Purchase Agreement (Mobix Labs, Inc), Securities Purchase Agreement (Dror Ortho-Design, Inc.), Securities Purchase Agreement (Mobix Labs, 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 615 contracts
Sources: Securities Purchase Agreement (BioStem Technologies, Inc.), Securities Purchase Agreement (DevvStream Corp.), Securities Purchase Agreement (Waton Financial 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 4.104.8 and this Section 5.8.
Appears in 334 contracts
Sources: Securities Purchase Agreement (Republic Power Group LTD), Securities Purchase Agreement (NewcelX Ltd.), Securities Purchase Agreement (GridAI 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 4.104.9.
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 4.104.11.
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 236 contracts
Sources: Securities Purchase Agreement (Barfresh Food Group Inc.), Securities Purchase Agreement (Gold.com, Inc.), Securities Purchase Agreement (Reed's, 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 175 contracts
Sources: Securities Purchase Agreement (CCH Holdings LTD), Securities Purchase Agreement (Cartesian Growth Corp II), Securities Purchase Agreement (DNA X, 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 this Section 4.105.8.
Appears in 155 contracts
Sources: Securities Purchase Agreement (NextTrip, Inc.), Securities Purchase Agreement (NextTrip, Inc.), Securities Purchase Agreement (XMax 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 5.8.
Appears in 128 contracts
Sources: Securities Purchase Agreement (IIOT-OXYS, Inc.), Securities Purchase Agreement (High Wire Networks, Inc.), Securities Purchase Agreement (Sugarfina 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 (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 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 107 contracts
Sources: Securities Purchase Agreement (Hepion Pharmaceuticals, Inc.), Securities Purchase Agreement (Schuler Jack W), Securities Purchase Agreement (Glimpse 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 4.104.5.
Appears in 92 contracts
Sources: Securities Purchase Agreement (Nexera Technologies LTD), Securities Purchase Agreement (Jeffs' Brands LTD), Securities Purchase Agreement (Fusemachines 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 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 55 contracts
Sources: Purchase Agreement (Vaxart, Inc.), Purchase Agreement (Vaxart, Inc.), Purchase Agreement (BullFrog AI Holdings, Inc.)
No Third Party Beneficiaries. This Except as set forth in Article VIII and Section 9.2(b), this Agreement is intended adopted solely by and for the benefit of the parties hereto Member and their its respective successors and permitted assigns assigns, and is not for the benefit ofno other Person shall have any rights, nor may interest or claims hereunder or be entitled to any provision hereof be enforced by, any other Person, except benefits under or on account of this Agreement as otherwise set forth in Section 4.10a third-party beneficiary or otherwise.
Appears in 53 contracts
Sources: Operating Agreement (SC Sonoma Management, LLC), Operating Agreement (SC Sonoma Management, LLC), Operating Agreement (SC Sonoma Management, LLC)
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 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 36 contracts
Sources: Securities Purchase Agreement (FingerMotion, Inc.), Securities Purchase Agreement (Nvni Group LTD), Securities Purchase Agreement (APPlife Digital Solutions 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
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 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 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 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 Parties 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 26 contracts
Sources: Securities Purchase Agreement (Greenland Mines LTD), Securities Purchase Agreement (RedCloud Holdings PLC), Securities Purchase Agreement (Roadzen 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 24 contracts
Sources: Securities Purchase Agreement (Amc Entertainment Holdings, Inc.), Common Stock Purchase Agreement (Pixelworks, Inc), Securities Purchase Agreement (Motorsport Games 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 21 contracts
Sources: Securities Purchase Agreement (StableX Technologies, Inc.), Securities Purchase Agreement (Vertical Aerospace Ltd.), Securities Purchase Agreement (Catheter Precision, 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 21 contracts
Sources: Securities Purchase Agreement (Glucotrack, Inc.), Securities Purchase Agreement (Next Technology Holding Inc.), Securities Purchase Agreement (NovaBay 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 4.104.8 (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 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 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 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 14 contracts
Sources: Securities Receipt Agreement (Dragonfly Energy Holdings Corp.), Securities Purchase Agreement (Estrella Immunopharma, Inc.), Securities Purchase Agreement (Metro One Telecommunications 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
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 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 12 contracts
Sources: 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 4.104.2.
Appears in 12 contracts
Sources: Securities Purchase Agreement (Ping an Biomedical Co., Ltd.), Securities Purchase Agreement (iOThree LTD), Securities Purchase Agreement (Solowin 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 4.10Sections 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 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 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 11 contracts
Sources: Securities Purchase Agreement (Baosheng Media Group Holdings LTD), Securities Purchase Agreement (cbdMD, Inc.), Securities Purchase Agreement (cbdMD, 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 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 as otherwise set forth other than the Indemnitees referred to in Section 4.1010(k).
Appears in 11 contracts
Sources: Securities Purchase Agreement (Ludwig Enterprises, Inc.), Securities Purchase Agreement (Pelthos Therapeutics Inc.), Securities Purchase Agreement (Femasys 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 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 Agreement is not intended for the benefit of to and shall not confer upon any Person other than the parties hereto any rights or remedies hereunder; provided, however, that it is specifically intended that the D&O Indemnified Parties (with respect to Section 6.7 and their respective successors this Section 9.7 from and permitted assigns and is not for after the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.10Effective Time) are intended third-party beneficiaries hereof.
Appears in 10 contracts
Sources: Merger Agreement (Runway Growth Finance Corp.), Merger Agreement (Runway Growth Finance Corp.), Merger Agreement (SWK Holdings 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 10 contracts
Sources: Note Purchase Agreement (Hawkeye Systems, Inc.), Securities Purchase Agreement (Assembly Biosciences, Inc.), Securities Purchase Agreement (Assembly 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 4.104.6 (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 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
Sources: Securities Purchase Agreement (Royale Energy Inc), Securities Purchase Agreement (Authentidate Holding 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
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 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 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 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 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 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 5.8.
Appears in 9 contracts
Sources: Securities Purchase Agreement (Outlook Therapeutics, Inc.), Securities Purchase Agreement (SciSparc Ltd.), Securities Purchase Agreement (SciSparc 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 4.104.5 and this Section 5.8.
Appears in 9 contracts
Sources: Securities Purchase Agreement (FiEE, Inc.), Asset Purchase Agreement (Empery Digital Inc.), Securities Purchase and Exchange Agreement (Plus 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 Personperson, except as otherwise set forth in Section 4.10herein.
Appears in 9 contracts
Sources: Loan and Security Agreement (Nuo Therapeutics, Inc.), Loan and Security Agreement (Nuo Therapeutics, Inc.), Securities Purchase Agreement (Nuo 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 4.104.9 and this Section 5.7.
Appears in 9 contracts
Sources: Securities Purchase Agreement (Surf Air Mobility Inc.), Securities Purchase Agreement (PodcastOne, Inc.), Securities Purchase Agreement (Nvni Group 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 4.104.1.
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 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 4.104.3 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 Except for the indemnification provisions set forth herein, 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 8 contracts
Sources: Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, 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 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 4.10Sections 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 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
Sources: 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 set forth in Section 4.104.4 and Section 4.5.
Appears in 8 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 4.104.7 and this Section 5.7.
Appears in 8 contracts
Sources: Securities Purchase Agreement (SmartKem, Inc.), Securities Purchase Agreement (Safe Pro Group Inc.), Securities Purchase Agreement (Safe Pro 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 other than the Indemnitees referred to in Section 4.109(k) below.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Black Titan Corp), Securities Purchase Agreement (Black Titan Corp), Securities Purchase Agreement (ECD Automotive Design, 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 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
Sources: Securities Purchase Agreement (Corvis Corp), Securities Purchase Agreement (Hi Tech Pharmacal Co Inc), Securities Purchase Agreement (International Isotopes 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
Sources: Settlement Agreement, Operating Agreement (PPL Electric Utilities Corp), Operating Agreement (PPL Corp)
No Third Party Beneficiaries. This Agreement is intended for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and transferees, and is not for the benefit of, nor may any provision hereof be enforced by, any other Personperson; provided, except as otherwise however, that the parties hereto hereby acknowledge that the Persons set forth in Section 4.102.5 shall be express third-party beneficiaries of the obligations of the parties hereto set forth in Section 2.5.
Appears in 7 contracts
Sources: Registration Rights Agreement (Faraday Future Intelligent Electric Inc.), Registration Rights Agreement (Faraday Future Intelligent Electric Inc.), Registration Rights Agreement (Heritage Distilling Holding Company, 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 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 7 contracts
Sources: Asset Purchase Agreement, Stock and Asset Purchase Agreement (GCP Applied Technologies Inc.), Stock and Asset Purchase Agreement (GCP Applied 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 5.7.
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 Section 4.104.6 and this Section 5.7.
Appears in 7 contracts
Sources: Securities Purchase Agreement (zSpace, Inc.), Securities Purchase Agreement (Vitality Biopharma, Inc.), 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 each Purchaser Party is an intended third party beneficiary of Section 4.10.
Appears in 7 contracts
Sources: 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 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 4.10the indemnities under Sections 6.1, 7.6 and 7.7 hereof.
Appears in 6 contracts
Sources: 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 each Purchaser Party is an intended third party beneficiary of Section 4.104.8.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Rallybio Corp), Securities Purchase Agreement (Rallybio Corp), Securities Purchase Agreement (Transgenomic Inc)
No Third Party Beneficiaries. This Agreement is intended for the benefit of the parties 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 4.105.10.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Aspire Biopharma Holdings, Inc.), Securities Purchase Agreement (Reborn Coffee, Inc.), Securities Purchase Agreement (Scienture 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
Sources: Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Dialog Semiconductor PLC), Securities Purchase Agreement (Dialog Semiconductor PLC)
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
Sources: Loan Agreement (Synergy Pharmaceuticals, Inc.), Loan Agreement (Enlightened Gourmet, Inc.), Loan Agreement (Enlightened Gourmet, Inc.)
No Third Party Beneficiaries. This Except as provided in Section 11.16, Section 11.17 and Section 11.18, this Agreement is intended solely for the benefit of the parties hereto Parties and their respective successors and permitted assigns assigns, and is this Agreement shall not for the benefit of, nor may any provision hereof otherwise be enforced by, deemed to confer upon or give to any other PersonPerson any right, except as otherwise set forth in Section 4.10claim, cause of action, or other interest herein.
Appears in 6 contracts
Sources: Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion 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 4.104.6 and 4.7.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Surebeam Corp), Securities Purchase Agreement (Supergen Inc), Securities Purchase Agreement (Versar 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 and 7.7 hereof.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Torrent Energy Corp), Securities Purchase Agreement (Torrent Energy Corp), Securities Purchase Agreement (Torrent 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 4.106.3 and this Section 10.9.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Tango Therapeutics, Inc.), Securities Purchase Agreement (Enliven Therapeutics, Inc.), Securities Purchase Agreement (Denali Therapeutics 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, 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 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
Sources: Stock Purchase Agreement (Clearant Inc), Series a Preferred Stock Purchase Agreement (Neah Power Systems, Inc.), Securities Purchase Agreement (Clearant 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
Sources: Purchase Agreement (GoFish Corp.), Securities Purchase Agreement (Medicalcv Inc), Securities Purchase Agreement (Sino Gas International Holdings, 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
Sources: Securities Purchase and Exchange Agreement (Interpace Biosciences, Inc.), Securities Purchase Agreement (Interpace Diagnostics Group, Inc.), Securities Purchase Agreement (GTT Communications, 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
Sources: Preferred Stock Securities Purchase Agreement (Global Employment Holdings, Inc.), Notes Securities Purchase Agreement (Global Employment Holdings, Inc.), Preferred 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 in Section 4.104.4 and this Section 5.6.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Kaixin Holdings), Securities Purchase Agreement (Kaixin Holdings), Securities Purchase Agreement (Kaixin Holdings)
No Third Party Beneficiaries. This Agreement is intended for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and transferees, and is not for the benefit of, nor may any provision hereof be enforced by, any other Personperson; provided, except as otherwise however, that the parties hereto hereby acknowledge that the Persons set forth in Section 4.102.4 shall be express third-party beneficiaries of the obligations of the parties hereto set forth in Section 2.4.
Appears in 5 contracts
Sources: Registration Rights Agreement (BioXcel Therapeutics, Inc.), Registration Rights Agreement (BioXcel Therapeutics, Inc.), Registration Rights Agreement (BioXcel 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 4.104.13.
Appears in 5 contracts
Sources: Securities Purchase Agreement (U S Restaurant Properties Inc), Securities Purchase Agreement (U S Restaurant Properties Inc), Securities Purchase Agreement (Dot Hill Systems Corp)