Offering of the Preferred Shares. Neither the Company nor any person authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Preferred Shares or any security of the Company similar to the Preferred Shares has offered the Preferred Shares or any such similar security for sale to, or solicited any offer to buy the Preferred Shares or any such similar security from, or otherwise approached or negotiated with respect thereto with, any person or persons, and neither the Company nor any person acting on its behalf has taken or will take any other action (including, without limitation, any offer, issuance or sale of any security of the Company under circumstances which might require the integration of such security with Preferred Shares under the Securities Act or the rules and regulations of the Commission thereunder), in either case so as to subject the offering, issuance or sale of the Preferred Shares to the registration provisions of the Securities Act.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Careerbuilder Inc), Convertible Preferred Stock Purchase Agreement (Starmedia Network Inc), Series a Stock Purchase Agreement (Neon Systems Inc)
Offering of the Preferred Shares. Neither the Company nor any person authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Preferred Shares or any such similar security of the Company similar to the Preferred Shares has offered the Preferred Shares or any such similar security for sale to, or solicited any offer to buy the Preferred Shares or any such similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any person or persons, and neither the Company nor any person acting on its behalf has taken or will take any other action (including, without limitation, any offer, issuance or sale of any security of the Company under circumstances which might require the integration of such security with the Preferred Shares under the Securities Act of 1933, as amended (the "Securities Act"), or the rules and regulations of the Commission thereunder), in either case so as to that might subject the offering, issuance or sale of the Preferred Shares to the registration provisions of the Securities Act.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (New Era of Networks Inc), Convertible Preferred Stock Purchase Agreement (New Era of Networks Inc)
