Common use of Not an Affiliate Clause in Contracts

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an “affiliate” (as defined in Rule 144 promulgated under the Securities Act (“Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)).

Appears in 4 contracts

Samples: Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.)

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Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an “affiliate” (as defined in under Rule 144 promulgated under 405 of the Securities Act (“Rule 144”)Act) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Ordinary Shares (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (VinFast Auto Ltd.)

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an “affiliate” (as defined in Rule 144 promulgated under the Securities Act (“Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (Cardio Diagnostics Holdings, Inc.)

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) or an “affiliate” (as defined in Rule 144 promulgated under the Securities 1933 Act (or a successor rule thereto) (collectively, “Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock (as defined for purposes of Rule 13d-3 13d3 of the Securities Exchange Act of 1934, as amended (the “Exchange 1934 Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (Xos, Inc.)

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an “affiliate” (as defined in Rule 144 promulgated under the Securities 1933 Act (or a successor rule thereto) (collectively, “Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Ordinary Shares (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange 1934 Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (Baijiayun Group LTD)

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) or an “affiliate” (as defined in Rule 144 promulgated under the Securities Act (or a successor rule thereto) (collectively, “Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Shares (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (Niocorp Developments LTD)

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its SubsidiariesSubsidiaries (as defined below), (ii) or an “affiliate” (as defined in Rule 144 promulgated under the Securities Act (“Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Shares (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (Niocorp Developments LTD)

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Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an "affiliate" (as defined in Rule 144 promulgated under the Securities 1933 Act (or a successor rule thereto) (collectively, “Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Ordinary Shares or ADSs (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange 1934 Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (Molecular Data Inc.)

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an “affiliate” (as defined in Rule 144 promulgated under the Securities 1933 Act (or a successor rule thereto) (collectively, “Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Ordinary Shares or ADSs (as defined for purposes of Rule 13d-3 13d­3 of the Securities Exchange Act of 1934, as amended (the “Exchange 1934 Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (CooTek(Cayman)Inc.)

Not an Affiliate. The Buyer is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an “affiliate” (as defined in Rule 144 promulgated under the Securities 1933 Act (or a successor rule thereto) (collectively, “Rule 144”)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Ordinary Shares or ADSs (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange 1934 Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (CooTek(Cayman)Inc.)

Not an Affiliate. The Buyer Purchaser is not (i) an officer or director of the Company or any of its Subsidiaries, (ii) an “affiliate” (as defined in Rule 144 promulgated under the Securities 1933 Act (“Rule 144”or a successor rule thereto)) of the Company or any of its Subsidiaries or (iii) a “beneficial owner” of more than 10% of the shares of Common Stock Ordinary Shares or ADSs (as defined for purposes of Rule 13d-3 of the Securities Exchange Act of 1934, as amended (the “Exchange 1934 Act”)).

Appears in 1 contract

Samples: Securities Purchase Agreement (CooTek(Cayman)Inc.)

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