Private Offering. The Company agrees that neither the Company nor anyone acting on its behalf will offer any of the Shares or any similar securities for issuance or sale to, or solicit any offering to acquire any of the same from, anyone so as to make the sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 5 contracts
Sources: Common Stock Purchase Agreement (Netratings Inc), Series D Preferred Stock Purchase Agreement (Netratings Inc), Series C Preferred Stock Purchase Agreement (Netratings Inc)
Private Offering. The Company agrees that neither Neither the Company nor anyone acting on its behalf will offer any securities of the Shares or any similar securities Company for issuance or sale to, or solicit any offering offer to acquire any of the same from, anyone any person or entity so as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 5 contracts
Sources: Stock Purchase Agreement (Seragen Inc), Stock Purchase Agreement (Lilly Eli & Co), Agreement (Ophidian Pharmaceuticals Inc)
Private Offering. The Company agrees that neither Neither the Company nor anyone acting on its behalf will offer has offered any of the Shares Stock or any similar securities for issuance or sale to, or solicit solicited any offering offer to acquire any of the same from, anyone so as to make the issuance and sale and issuance of the Shares Stock subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 5 contracts
Sources: Preferred Stock Purchase Agreement (Printcafe Inc), Series F Preferred Stock Purchase Agreement (Printcafe Software Inc), Series E Preferred Stock Purchase Agreement (Printcafe Software Inc)
Private Offering. The Company agrees that neither the Company nor anyone acting on its behalf will offer any of the Shares Notes or any similar securities for issuance or sale to, or solicit any offering offer to acquire any of the same from, anyone or take any other action so as to make the issuance and sale and issuance of the Shares Notes subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 4 contracts
Sources: Note Purchase Agreement (Positron Corp), Note Purchase Agreement (Positron Corp), Note Purchase Agreement (Positron Corp)
Private Offering. The Company agrees that neither Neither the Company nor anyone acting on its behalf will offer has offered any securities of the Shares or any similar securities Company for issuance or sale to, or solicit solicited any offering offer to acquire any of the same from, anyone any person or entity so as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 3 contracts
Sources: Agreement (Ophidian Pharmaceuticals Inc), Agreement (Ophidian Pharmaceuticals Inc), Agreement (Ophidian Pharmaceuticals Inc)
Private Offering. The Company agrees that neither the Company nor anyone acting authorized to act on its behalf will offer the Securities or any of the Shares part thereof or any similar securities for issuance or sale to, or solicit any offering offer to acquire any of the same from, anyone so as to make the issuance and sale and issuance of the Shares Securities subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 3 contracts
Sources: Subscription Agreement (Novint Technologies Inc), Note and Restricted Stock Purchase Agreement (CelLynx Group, Inc.), Warrant Exercise Subscription Agreement (Neonode, Inc)
Private Offering. The Company agrees that neither the Company nor anyone acting on its behalf will offer any of the Shares or any similar securities for issuance or sale to, or solicit any offering offer to acquire any of the same from, anyone or take any other action so as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 3 contracts
Sources: Series a Preferred Stock Purchase Agreement (Adknowledge Inc), Series E Preferred Stock Purchase Agreement (Concur Technologies Inc), Series D Preferred Stock Purchase Agreement (Concur Technologies Inc)
Private Offering. The Company agrees that neither the Company nor ---------------- anyone acting on its behalf will offer any of the Shares or any similar securities for issuance or sale to, or solicit any offering offer to acquire any of the same from, anyone so in such a way as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 2 contracts
Sources: Restricted Stock Purchase Agreement (2bridge), Restricted Stock Purchase Agreement (2bridge)
Private Offering. The Company agrees that neither Neither the Company nor nor, to the Company's best knowledge, anyone acting on its behalf will offer has offered any securities of the Shares or any similar securities Company for issuance or sale to, or solicit solicited any offering offer to acquire any of the same from, anyone any person or entity so as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 2 contracts
Sources: Stock Purchase Agreement (Seragen Inc), Stock Purchase Agreement (Lilly Eli & Co)
Private Offering. The Company agrees that neither the Company it nor anyone acting on its behalf has offered or will offer the Purchased Shares or the Underlying Common Stock, or any of the Shares part thereof, or any similar securities for issuance issue or sale to, or has solicited or will solicit any offering offer to acquire any of the same from, anyone so as to make bring the issuance and sale and issuance of the Purchased Shares subject to within the registration requirements provisions of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 2 contracts
Sources: Preferred Stock Purchase Agreement (Nuco2 Inc /Fl), Preferred Stock Purchase Agreement (Nuco2 Inc /Fl)
Private Offering. The Company agrees that neither Neither the Company Company, nor anyone acting on its behalf will offer has offered any of the Preferred Shares or any similar securities for issuance or sale to, or solicit solicited any offering offer to acquire any of the same from, anyone so as to make the issuance and sale and issuance of the Preferred Shares or the transfer and sale of the Common Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 1 contract
Sources: Stock Purchase Agreement (Eroomsystem Technologies Inc)
Private Offering. The Company agrees that neither Neither the Company nor anyone acting on its behalf will offer has offered any of the Shares or any similar securities for issuance or sale to, or solicit solicited any offering offer to acquire any of the same from, anyone so as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended amended, including the rules and regulations promulgated thereunder (the "Securities Act").
Appears in 1 contract
Private Offering. The Company agrees that neither the Company nor ----------------- anyone acting on its behalf will offer any of the Shares Notes or any similar securities for issuance or sale to, or solicit any offering offer to acquire any of the same from, anyone or take any other action so as to make the issuance and sale and issuance of the Shares Notes subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 1 contract
Private Offering. The Company agrees that neither the Company nor ---------------- anyone acting on its behalf will offer any of the Shares or any similar securities for issuance or sale to, or solicit any offering to acquire any of the same from, anyone so as to make the sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 1 contract
Sources: Series B Preferred Stock Purchase Agreement (TVN Entertainment Corp)
Private Offering. The Company agrees that neither Neither the Company nor anyone acting on its behalf will offer has offered any of the Shares or any similar securities for issuance or sale to, or solicit solicited any offering offer to acquire any of the same from, anyone so as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities 1933 Act").
Appears in 1 contract
Private Offering. The Company agrees that neither the Company nor anyone acting on its behalf will offer any of the Shares or any similar securities for issuance or sale to, or solicit any offering offer to acquire any of the same from, anyone so as to make the issuance and sale and issuance of the Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Microcide Pharmaceuticals Inc)