Prior Investments. This Agreement shall also apply to investments made prior to its entry into force by investors of either Contracting State in the territory of the other Contracting State consistent with the latter's legislation.
Prior Investments. Have you previously purchased securities in a private placement or securities which were otherwise subject to substantial limitations on transferability? Yes _____ No _____ Have you previously invested in private companies, speculative ventures or ventures with no history of earnings from operations? Yes _____ No _____
Prior Investments. Has the Investor previously purchased securities in a private placement or securities which were otherwise subject to substantial limitations on transferability? Yes_____ No ______
Prior Investments. 2 1.6 The Closing..................................................3 1.7 Merger Consideration, Conversion of Securities...............4 1.8 Escrow Arrangements..........................................4 1.9 Appointment of Shareholder Representatives...................5
Prior Investments. (i) Prior to the Effective Time, the Company shall acquire for a consideration payable in cash only, certain of the "in the money" options from their respective holders as set forth in Exhibit L which have exercised the election, using funds obtained from the Prior Investments, representing the difference between the exercise price of such options and $2.79 and the Company will permit the cashless exercise of certain of the "in the money" options from the respective holders as set forth in Exhibit L. In order to give effect to the foregoing, the stock option plan of the Company shall be amended in order to permit the option holders to elect to receive the cash consideration and the Company Shares, as set forth in Exhibit L and such option-holders shall agree to so elect the cash consideration or to effect the cashless options in conformity with Exhibit L. In addition the stock option plan of the Company shall be amended to ensure that in the case of a "take-over" or change in the control of the Company, to the extent that such shareholders have not so elected, as above, the Company shall have the right to purchase any option for its respective "in the money amount". In this respect, the Buyer agrees to provide sufficient funds by a subscription of shares so that the Company may acquire the aforesaid options.
Prior Investments. The Prior Investments described in Section 1.5 hereof shall have been completed in accordance with the provisions of this Agreement, all to the satisfaction of the parties.
Prior Investments. Lender owns preferred stock, common stock, and convertible notes issued by Borrower pursuant to investment agreements entered into by Lender and Borrower, specifically including a convertible note, issued Aug 30, 2013 (the “Note”) pursuant to a Securities Purchase Agreement, dated Aug 30, 2013 (the “Share Purchase Agreement”). All representations and warranties contained in the Share Purchase Agreement and the Note are incorporated herein by reference.
Prior Investments. Please indicate the frequency of your prior investments (check one in each column): Publicly-Traded Securities Privately-Placed Securities Frequently Occasionally Never
Prior Investments. (i) Prior to the Effective Time, the Company shall acquire for a consideration payable in cash only, certain of the "in the money" options from their respective holders as set forth in Exhibit L which have exercised the election, representing the difference between the exercise price of such options and $2.79 and the Company will permit the cashless exercise of certain of the "in the money" options from the respective holders as set forth in Exhibit L. In order to give effect to the foregoing, the stock option plan of the Company shall be amended in order to permit the option holders to elect to receive the cash consideration and the Company Shares, as set forth in Exhibit L and such option-holders shall agree to so elect the cash consideration or to effect the cashless options in conformity with Exhibit L."
Prior Investments. This Agreement shall also cover, as regards the implementation of future investments made prior to its entry into force by investors of one Contracting Party in the territory of the other contracting party, in accordance with the laws and regulations of the latter. However, this Agreement shall not apply to disputes that may be born before its entry into force.
