No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 1048 contracts
Samples: Securities Purchase Agreement (Mangoceuticals, Inc.), Securities Purchase Agreement (BioCardia, Inc.), Securities Purchase Agreement (Blue Star Foods Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 130 contracts
Samples: Securities Purchase Agreement (Aptevo Therapeutics Inc.), Securities Purchase Agreement (G Medical Innovations Holdings Ltd.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.7 and this Section 5.8.
Appears in 122 contracts
Samples: Securities Purchase Agreement (Seneca Biopharma, Inc.), Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Arcimoto Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.10 and this Section 5.8.
Appears in 52 contracts
Samples: Securities Purchase Agreement (Inpixon), Securities Purchase Agreement (Eyegate Pharmaceuticals Inc), Securities Purchase Agreement (CV Sciences, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties, and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, warranties, and warranties covenants of the Purchasers in Section 3.2this Agreement. 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 4.8 and this Section 5.8.
Appears in 39 contracts
Samples: Securities Purchase Agreement (Cyclacel Pharmaceuticals, Inc.), Securities Purchase Agreement (Painreform Ltd.), Securities Purchase Agreement (PaxMedica, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 34 contracts
Samples: Securities Purchase Agreement (Ra Medical Systems, Inc.), Securities Purchase Agreement (TRxADE HEALTH, INC), Securities Purchase Agreement (Phunware, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and 4.8, this Section 5.85.8 and/or the Placement Agency Agreement.
Appears in 32 contracts
Samples: Securities Purchase Agreement (Urban Tea, Inc.), Securities Purchase Agreement (Sino-Global Shipping America, Ltd.), Securities Purchase Agreement (SOS LTD)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 3.1, the covenants of the Company in Article 4 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 31 contracts
Samples: Securities Purchase Agreement (Bio-Path Holdings, Inc.), Securities Purchase Agreement (Longeveron Inc.), Securities Purchase Agreement (Lipella Pharmaceuticals Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.10 and this Section 5.8.
Appears in 26 contracts
Samples: Securities Purchase Agreement (Ensysce Biosciences, Inc.), Securities Purchase Agreement (Ensysce Biosciences, Inc.), Securities Purchase Agreement (Grom Social Enterprises, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 19 contracts
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Celsion CORP)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.9 and this Section 5.8.
Appears in 19 contracts
Samples: Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (SharpLink Gaming Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 16 contracts
Samples: Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (theMaven, Inc.), Securities Purchase Agreement (theMaven, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, warranties and warranties covenants of the Purchasers in Section 3.2this Agreement. 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 4.8 and this Section 5.8.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Ontrak, Inc.), Securities Purchase Agreement (Calidi Biotherapeutics, Inc.), Securities Purchase Agreement (Calidi Biotherapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 15 contracts
Samples: Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.7 and this Section 5.8.
Appears in 13 contracts
Samples: Securities Purchase Agreement (Clearside Biomedical, Inc.), Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Securities Purchase Agreement (Lipocine Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 13 contracts
Samples: Securities Purchase Agreement (Creek Road Miners, Inc.), Securities Purchase Agreement (Clean Vision Corp), Securities Purchase Agreement (Creatd, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenants of the Company in Section 4. 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 4.8 and this Section 5.8.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Salarius Pharmaceuticals, Inc.), Securities Purchase Agreement (Phio Pharmaceuticals Corp.), Securities Purchase Agreement (Motorsport Games Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Purchaser in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 12 contracts
Samples: Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (Acelrx Pharmaceuticals Inc)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Biofrontera Inc.), Securities Purchase Agreement (Intuitive Machines, Inc.), Securities Purchase Agreement (Lixte Biotechnology Holdings, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 10 contracts
Samples: Securities Purchase Agreement (CISO Global, Inc.), Securities Purchase Agreement (BioCardia, Inc.), Securities Purchase Agreement (AppTech Payments Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Purchaser in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 9 contracts
Samples: Securities Purchase Agreement (SRIVARU Holding LTD), Securities Purchase Agreement (Polarityte, Inc.), Securities Purchase Agreement (Polarityte, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 8 contracts
Samples: Securities Purchase Agreement (U Power LTD), Securities Purchase Agreement (GD Culture Group LTD), Securities Purchase Agreement (Wisa Technologies, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Aralez Pharmaceuticals Inc.), Securities Purchase Agreement (Aralez Pharmaceuticals Inc.), Securities Purchase Agreement (Tribute Pharmaceuticals Canada Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party -party beneficiary of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenant of the Company. 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 or waived by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Steakholder Foods Ltd.), Securities Purchase Agreement (BioLineRx Ltd.), Securities Purchase Agreement (BioLineRx Ltd.)
No Third Party Beneficiaries. The Placement Agent placement agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.10 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Creatd, Inc.), Securities Purchase Agreement (Creatd, Inc.), Securities Purchase Agreement (Creatd, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.6 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (MYnd Analytics, Inc.), Securities Purchase Agreement (Neptune Wellness Solutions Inc.), Securities Purchase Agreement (Tellurian Inc. /De/)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and 4.8, this Section 5.8, and the Placement Agency Agreement, as applicable.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Novo Integrated Sciences, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.9 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Adamis Pharmaceuticals Corp), Securities Purchase Agreement (RedHill Biopharma Ltd.), Securities Purchase Agreement (RedHill Biopharma Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.10 and this Section 5.8.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Uni-Pixel), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 and this Section 5.84.10.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Uppercut Brands, Inc.), Securities Purchase Agreement (Iconic Brands, Inc.), Securities Purchase Agreement (Charge Enterprises, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Peraso Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third third-party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Securities Purchase Agreement (Imunon, Inc.), Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and 4.8, this Section 5.85.8 and/or the Engagement Letter.
Appears in 6 contracts
Samples: Securities Purchase Agreement (It Tech Packaging, Inc.), Securities Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (It Tech Packaging, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.23.2 and the covenants in Section 4.16. 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 4.8 4.8, Section 4.16 and this Section 5.8.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Histogen Inc.), Securities Purchase Agreement (Onconova Therapeutics, Inc.), Securities Purchase Agreement (Onconova Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (NXT-Id, Inc.), Securities Purchase Agreement (Inventergy Global, Inc.), Securities Purchase Agreement (Air Industries Group)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Dynatronics Corp), Securities Purchase Agreement (Dynatronics Corp), Securities Purchase Agreement (Ceres, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 or waived by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Oramed Pharmaceuticals Inc.), Securities Purchase Agreement (Kitov Pharma Ltd.), Securities Purchase Agreement (Oramed Pharmaceuticals Inc.)
No Third Party Beneficiaries. The Each Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Tian Ruixiang Holdings LTD), Securities Purchase Agreement (Adial Pharmaceuticals, Inc.), Securities Purchase Agreement (Ebang International Holdings Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Calyxt, Inc.), Securities Purchase Agreement (RXi Pharmaceuticals Corp), Securities Purchase Agreement (Cellectis S.A.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and beneficiaries with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (RiceBran Technologies), Securities Purchase Agreement (Profire Energy Inc), Securities Purchase Agreement (Car Charging Group, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.84.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Uranium Energy Corp), Securities Purchase Agreement (Vislink Technologies, Inc.), Securities Purchase Agreement (Uranium Energy Corp)
No Third Party Beneficiaries. The the Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.7 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers each Purchaser in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.9 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (LMP Automotive Holdings, Inc.), Securities Purchase Agreement (iSpecimen Inc.), Securities Purchase Agreement (Second Sight Medical Products Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and 4.8, this Section 5.85.8 and the Placement Agency Agreement, as applicable.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Velo3D, Inc.), Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Securities Purchase Agreement (Velo3D, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Stevia First Corp.), Securities Purchase Agreement (Stevia First Corp.), Securities Purchase Agreement (Stevia First Corp.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and beneficiaries with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Proteonomix, Inc.), Securities Purchase Agreement (University General Health System, Inc.), Securities Purchase Agreement (T3 Motion, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third third-party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Benitec Biopharma Inc.), Securities Purchase Agreement (Abeona Therapeutics Inc.), Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2hereunder. 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 4.8 and this Section 5.85.8 and in Section 4.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Nova Lifestyle, Inc.), Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Applied Dna Sciences Inc)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 herein and the representations and warranties of the Purchasers in Section 3.23.2 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 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Neuralstem, Inc.), Securities Purchase Agreement (ALKALINE WATER Co INC), Securities Purchase Agreement (ALKALINE WATER Co INC)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8, and the Placement Agency Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Digital Ally Inc), Securities Purchase Agreement (Digital Ally Inc), Securities Purchase Agreement (American Resources Corp)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Nuwellis, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8, and the Placement Agency Agreement, as applicable.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Biolase, Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.7 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Summit Wireless Technologies, Inc.), Securities Purchase Agreement (Summit Wireless Technologies, Inc.), Securities Purchase Agreement (Summit Wireless Technologies, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2parties under this Agreement. This Otherwise, this Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns only, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.84.5.
Appears in 3 contracts
Samples: Securities Purchase Agreement (pSivida Corp.), Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Except as provided in the immediately preceding sentence, 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 4.8 4.7 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (MoSys, Inc.), Securities Purchase Agreement (Aethlon Medical Inc), Securities Purchase Agreement (MoSys, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Purchaser in Section 3.2. 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 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Progressive Care Inc.), Securities Purchase Agreement (NextPlat Corp)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.5 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Enveric Biosciences, Inc.), Securities Purchase Agreement (Vaxart, Inc.), Securities Purchase Agreement (Vaxart, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2Specified Purchaser. 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 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Share Purchase Agreement (NovaBay Pharmaceuticals, Inc.), And Restated Share Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Share Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.. 5.9
Appears in 3 contracts
Samples: Securities Purchase Agreement (Fibrocell Science, Inc.), Securities Purchase Agreement (Fibrocell Science, Inc.), Securities Purchase Agreement (Harbor Custom Development, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Tuatara Capital Acquisition Corp), Securities Purchase Agreement (Energy Focus, Inc/De), Securities Purchase Agreement (Adomani, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (ContraVir Pharmaceuticals, Inc.), Securities Purchase Agreement (ContraVir Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 hereto and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (OMNIQ Corp.), Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase Agreement (Quest Solution, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 hereof and the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (NeuroMetrix, Inc.), Securities Purchase Agreement (NeuroMetrix, Inc.), Securities Purchase Agreement (NeuroMetrix, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 hereof and the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Bellerophon Therapeutics, Inc.), Securities Purchase Agreement (NeuroMetrix, Inc.), Securities Purchase Agreement (Bellerophon Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall will be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Inventergy Global, Inc.), Securities Purchase Agreement (AMEDICA Corp), Form of Securities Purchase Agreement (Inventergy Global, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in pursuant to Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (Inspyr Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8..
Appears in 2 contracts
Samples: Securities Purchase Agreement (Quoin Pharmaceuticals, Ltd.), Securities Purchase Agreement (Quoin Pharmaceuticals, Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties, and warranties covenants of the Company in Section 3.1 and Section 4 and the representations representations, warranties, and warranties covenants of the Purchasers in Section 3.23.2 and Section 4. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Fortress Biotech, Inc.), Securities Purchase Agreement (Fortress Biotech, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenant of the Company. 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 or waived by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kitov Pharma Ltd.), Securities Purchase Agreement (Mobilicom LTD)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2, as well as with respect to the matters set forth in Section 5.5. 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 or waived by, any other Person, except as otherwise set forth in Section 4.8 4.7, Section 5.5 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kitov Pharmaceuticals Holdings Ltd.), Securities Purchase Agreement (Kitov Pharmaceuticals Holdings Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Air Industries Group), Securities Purchase Agreement (Capnia, Inc.)
No Third Party Beneficiaries. The Placement Agent placement agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (GeoVax Labs, Inc.), Securities Purchase Agreement (GeoVax Labs, Inc.)
No Third Party Beneficiaries. The Placement Agent shall will be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.23.2 and the covenants in Section 4.16. 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 4.8 4.8, Section 4.16 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenants of the Company in Section 4. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ispire Technology Inc.), Securities Purchase Agreement (Ispire Technology Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns (except that Sections 3.1, 4.5 and 4.8 hereof are not intended for the benefit of any assignee other than a Permitted Transferee) 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ra Medical Systems, Inc.), Securities Purchase Agreement (Ra Medical Systems, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 4 hereof and with respect to the representations and warranties of the Purchasers in Section 3.25 hereof. 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 4.8 and this Section 5.89.10.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Chicago Pacific Founders UGP, LLC), Securities Purchase Agreement (P3 Health Partners Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, and warranties of the Purchasers in Section 3.2this Agreement. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Transcode Therapeutics, Inc.), Securities Purchase Agreement (Transcode Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and Section 2.2(a)(ii). 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Molekule Group, Inc.), Securities Purchase Agreement (AeroClean Technologies, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and beneficiaries with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc.), Securities Purchase Agreement (Park City Group Inc)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.7 and this Section 5.8.
Appears in 2 contracts
Samples: Share Purchase Agreement (Esports Entertainment Group, Inc.), Securities Purchase Agreement (SPI Energy Co., Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. Dxxxxxx shall be the third-party beneficiary of the provisions of Section 4.1(f). 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 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (MusclePharm Corp), Securities Purchase Agreement (MusclePharm Corp)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.86.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (ClearSign Technologies Corp), Securities Purchase Agreement (Gain Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.23.1. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NLS Pharmaceutics Ltd.), Securities Purchase Agreement (Arcturus Therapeutics Holdings Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party -party beneficiary of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenants of the Company. 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 or waived by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Scinai Immunotherapeutics Ltd.), Securities Purchase Agreement (Purple Biotech Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. 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 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Oxigene Inc), Securities Purchase Agreement (Oxigene Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 or waived by, any other Person, except as otherwise set forth in Section 4.8 4.9 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (BIT Mining LTD), Securities Purchase Agreement (BIT Mining LTD)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 3.1, the covenants of the Company in Article 4 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 4.7 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Surrozen, Inc./De), Securities Purchase Agreement (Acelrx Pharmaceuticals Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Potbelly Corp), Securities Purchase Agreement (Ancora Advisors, LLC)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 4 hereof and with respect to the representations and warranties of the Purchasers Investors in Section 3.25 hereof. 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 4.8 8 and this Section 5.89.9.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ayala Pharmaceuticals, Inc.), Securities Purchase Agreement (Selecta Biosciences Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and 4.8, this Section 5.85.8 and the Placement Agent Agreement, as applicable.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NeuroSense Therapeutics Ltd.), Form of Securities Purchase Agreement (NeuroSense Therapeutics Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 3.1, the covenants of the Company in Section Article 4 and the representations and warranties of the Purchasers in Section 3.2. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Rekor Systems, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2Article II. 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 4.8 Article IV and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Blue Sphere Corp.), Securities Purchase Agreement (Blue Sphere Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 2.1 and the representations and warranties of the Purchasers Subscriber in Section 3.22.2. This Other than in respect of the foregoing, 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 4.8 and this Section 5.8person.
Appears in 2 contracts
Samples: Registration Rights Agreement (Revelstone Capital Acquisition Corp.), Registration Rights Agreement (Revelstone Capital Acquisition Corp.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Without limiting Section 4.4(b), 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Adverum Biotechnologies, Inc.), Securities Purchase Agreement (Harpoon Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2hereto. 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 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Duos Technologies Group, Inc.), Securities Purchase Agreement (Aytu Bioscience, Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This 3.2.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 4.8 and this Section 5.84.9.
Appears in 2 contracts
Samples: Securities Purchase Agreement (SciSparc Ltd./Adr), Securities Purchase Agreement (Tauriga Sciences, Inc.)
