Common use of Purchaser Status Clause in Contracts

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 494 contracts

Sources: Securities Purchase Agreement (Global Interactive Technologies, Inc.), Securities Purchase Agreement (Mingteng International Corp Inc.), Securities Purchase Agreement (Arcadia Biosciences, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 289 contracts

Sources: Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.), Securities Purchase Agreement (Silo Pharma, Inc.), Securities Purchase Agreement (Bone Biologics Corp)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 96 contracts

Sources: Securities Purchase Agreement (Hepion Pharmaceuticals, Inc.), Securities Purchase Agreement (Steakholder Foods Ltd.), Securities Purchase Agreement (Zhongchao Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, Warrants or converts any Debentures it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 28 contracts

Sources: Securities Purchase Agreement (FireFly Automatix, Inc.), Securities Purchase Agreement (FireFly Automatix, Inc.), Securities Purchase Agreement (FireFly Automatix, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 21 contracts

Sources: Securities Purchase Agreement (GRI Bio, Inc.), Securities Purchase Agreement (Qt Imaging Holdings, Inc.), Securities Purchase Agreement (GRI Bio, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 17 contracts

Sources: Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 17 contracts

Sources: Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (Heart Test Laboratories, Inc.), Securities Purchase Agreement (SuperCom LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 16 contracts

Sources: Securities Purchase Agreement (Solid Power, Inc.), Securities Purchase Agreement (Mercurity Fintech Holding Inc.), Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, Warrants it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 16 contracts

Sources: Securities Purchase Agreement (Inhibikase Therapeutics, Inc.), Securities Purchase Agreement (Inhibikase Therapeutics, Inc.), Securities Purchase Agreement (Inhibikase Therapeutics, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, Warrants it will be be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 14 contracts

Sources: Securities Purchase Agreement (Synaptogenix, Inc.), Securities Purchase Agreement (Nabriva Therapeutics PLC), Securities Purchase Agreement (Synaptogenix, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Pre-Funded Warrants, it will either be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a144(a) of under the Securities Act.

Appears in 14 contracts

Sources: Securities Purchase Agreement (Park Ha Biological Technology Co., Ltd.), Securities Purchase Agreement (Core AI Holdings, Inc.), Securities Purchase Agreement (Jupiter Neurosciences, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises exercise any Warrants, it will be be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 12 contracts

Sources: Securities Purchase Agreement (Glucotrack, Inc.), Securities Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Nuburu, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Pre-Funded Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 10 contracts

Sources: Securities Purchase Agreement (Mobix Labs, Inc), Securities Purchase Agreement (Inspire Veterinary Partners, Inc.), Securities Purchase Agreement (HWH International Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Common Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Global Interactive Technologies, Inc.), Securities Purchase Agreement (Inspire Veterinary Partners, Inc.), Securities Purchase Agreement (Humacyte, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or ), (a)(8), (a)(9), (a)(12) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Checkpoint Therapeutics, Inc.), Securities Purchase Agreement (Eos Energy Enterprises, Inc.), Securities Purchase Agreement (Eos Energy Enterprises, Inc.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, Warrants it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Precipio, Inc.), Securities Purchase Agreement (Alliance MMA, Inc.), Securities Purchase Agreement (Alliance MMA, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an "accredited investor" as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a "qualified institutional buyer" as defined in Rule 144A(a) under the Securities Act.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Better Choice Co Inc.), Securities Purchase Agreement (Top Ships Inc.), Securities Purchase Agreement (CTD Holdings Inc)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 7 contracts

Sources: Securities Purchase Agreement (Agile Therapeutics Inc), Securities Purchase Agreement (Agile Therapeutics Inc), Securities Purchase Agreement (Agile Therapeutics Inc)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Fenbo Holdings LTD), Securities Purchase Agreement (Fenbo Holdings LTD), Securities Purchase Agreement (Fenbo Holdings LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Common Warrants, it will be either: , (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Offerpad Solutions Inc.), Securities Purchase Agreement (Tenon Medical, Inc.), Securities Purchase Agreement (Tenon Medical, Inc.)

Purchaser Status. At the time such each Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either an (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) 144A under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Contract (Nano Labs LTD), Securities Purchase Contract (Nano Labs LTD), Securities Purchase Contract (Nano Labs LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each the date on which it exercises any Ordinary Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Pulsenmore Ltd.), Securities Purchase Agreement (IceCure Medical Ltd.), Securities Purchase Agreement (IceCure Medical Ltd.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an "accredited investor" as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a "qualified institutional buyer" as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (KWESST Micro Systems Inc.), Securities Purchase Agreement (Sphere 3D Corp), Securities Purchase Agreement (KWESST Micro Systems Inc.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants or Pre-Funded Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Eyenovia, Inc.), Securities Purchase Agreement (Novan, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof of this Agreement it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Alpha Teknova, Inc.), Securities Purchase Agreement (Alpha Teknova, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Common Warrants, it will either be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a144(a) of under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Worksport LTD), Securities Purchase Agreement (374Water Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises exercise any Warrants, it will be be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (XTL Biopharmaceuticals LTD), Securities Purchase Agreement (XTL Biopharmaceuticals LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a) (8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (iBio, Inc.), Securities Purchase Agreement (Exicure, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants or Pre-Funded Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (Recon Technology, LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises converts any WarrantsNotes, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Datavault AI Inc.), Securities Purchase Agreement (Upexi, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a qualified institutional buyer” buyer as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Aqua Metals, Inc.), Securities Purchase Agreement (Seelos Therapeutics, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or Act, (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act or (iii) a not a “U.S. Person as defined in Rule 902(k) of Regulation S of the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Windtree Therapeutics Inc /De/), Securities Purchase Agreement (Windtree Therapeutics Inc /De/)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Lexaria Bioscience Corp.), Securities Purchase Agreement (Lexaria Bioscience Corp.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Nanoviricides, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or Actor (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.)

Purchaser Status. At the time such Purchaser was offered the SecuritiesWarrants and the Warrant Shares, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (CLPS Inc)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.. ​

Appears in 1 contract

Sources: Securities Purchase Agreement (Quoin Pharmaceuticals, Ltd.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or or (a)(8a) (8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ra Medical Systems, Inc.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of at the date hereof it is, and on each date on which it exercises any Warrantswarrant issued by the Company, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (MDwerks, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a144A9a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Celsion CORP)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, converts its Note it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Trio Petroleum Corp.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Ordinary Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (ReWalk Robotics Ltd.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of at the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) 501 under the Securities Act Act; or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Purchaser is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Barfresh Food Group Inc.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof of this Agreement it is, and on each date on which it exercises converts any WarrantsShares, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Avinger Inc)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any ADS Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8501(a) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Benitec Biopharma LTD/ADR)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act, as indicated on the signature pages hereto.

Appears in 1 contract

Sources: Securities Purchase Agreement (Amyris, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any WarrantsDebentures, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (ContraVir Pharmaceuticals, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises converts any WarrantsNotes, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Upexi, Inc.)

Purchaser Status. At the time such Purchaser was offered the SecuritiesWarrants, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Yoshitsu Co., LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or ), (a)(8), (a)(9), (a)(12), (a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.)

Purchaser Status. At the time such Purchaser was offered the SecuritiesShares, it was, and as of the date hereof it is, and on each date on which it exercises any 15-Month Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Stock Purchase Agreement (NovaBay Pharmaceuticals, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, Warrants it will be be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or or (a)(8a) (8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Iterum Therapeutics PLC)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will itwill be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cel Sci Corp)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any WarrantsPreferred Investment Options, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (NRX Pharmaceuticals, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Celularity Inc)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it he is, and on each date on which it he exercises any Warrants, it he will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Vaccinex, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Vaccinex, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Hepion Pharmaceuticals, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.. ​

Appears in 1 contract

Sources: Securities Purchase Agreement (Aspira Women's Health Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Pre-Funded Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) a)(7), under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Elicio Therapeutics, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Ordinary Share Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ostin Technology Group Co., Ltd.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8) or (a)(8a)(9) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (American Resources Corp)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: either (i) an “accredited investor” as defined in Rule 501(a)(1501(a) (1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Starbox Group Holdings Ltd.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, Pre-Funded Warrants it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Subscription Agreement (Spectral AI, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any WarrantsPreferred Investment Options, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (NRX Pharmaceuticals, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Scinai Immunotherapeutics Ltd.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Iterum Therapeutics PLC)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Common Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or ), (a)(8), (a)(9), (a)(12), or (a) (13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Carmell Corp)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, is and on each date on which it exercises any Pre-Funded Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Staffing 360 Solutions, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will either be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a144(a) of under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ocugen, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.. ​

Appears in 1 contract

Sources: Securities Purchase Agreement (Fortress Biotech, Inc.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of at the date hereof it is, and on each the date on which it exercises the Warrants or any Warrants, Additional Warrant it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Syzygy Entertainment LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on the Closing Date it will be, and on and on each date on which it exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Auris Medical Holding AG)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises converts any WarrantsPreferred Stock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Avalon GloboCare Corp.)

Purchaser Status. At the time such the Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrantsportion of the Warrant, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Alzamend Neuro, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it was or will be either: be, as applicable, and as of the date hereof or on the date of exercise, it is, (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Intchains Group LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Series A Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cellectar Biosciences, Inc.)