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 457 contracts

Samples: Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (Nanosphere Inc), Securities Purchase Agreement (Baudax Bio, Inc.)

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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 124 contracts

Samples: Securities Purchase Agreement (Painreform Ltd.), Securities Purchase Agreement (Pasithea Therapeutics Corp.), Form of Securities Purchase Agreement (Sigma Labs, 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 29 contracts

Samples: Securities Purchase Agreement (Addex Therapeutics Ltd.), Securities Purchase Agreement (Celularity Inc), Securities Purchase Agreement (Phio Pharmaceuticals 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, 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 22 contracts

Samples: Securities Purchase Agreement (Anavex Life Sciences Corp.), Securities Purchase Agreement (Magnegas Corp), Securities Purchase Agreement (Healthcare Corp of America)

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 converts any Notes or 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

Samples: Note Purchase Agreement (Netcapital Inc.), Note Purchase Agreement (Netcapital Inc.), Securities Purchase Agreement (MDNA Life Sciences, 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) 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

Samples: Securities Purchase Agreement (Rockwell Medical, Inc.), Securities Purchase Agreement (MYOS Corp), Securities Purchase Agreement (Smith Micro Software, 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

Samples: Securities Purchase Agreement (Nabriva Therapeutics PLC), Securities Purchase Agreement (Nabriva Therapeutics PLC), 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 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 13 contracts

Samples: Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Securities Purchase Agreement (Quoin Pharmaceuticals, Ltd.), Securities Purchase Agreement (Precipio, 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 12 contracts

Samples: Securities Purchase Agreement (Acurx Pharmaceuticals, Inc.), Securities Purchase Agreement (Uni-Pixel), Securities Purchase Agreement (Real Goods Solar, 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 10 contracts

Samples: Securities Purchase Agreement (180 Life Sciences Corp.), Securities Purchase Agreement (Microbot Medical Inc.), Securities Purchase Agreement (Sonnet BioTherapeutics 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: 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 10 contracts

Samples: Form of Securities Purchase Agreement (A2Z Smart Technologies Corp), Securities Purchase Agreement (Zivo Bioscience, Inc.), Form of Securities Purchase Agreement (Village Farms 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 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

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

Samples: Securities Purchase Agreement (Top Ships Inc.), Securities Purchase Agreement (Better Choice Co Inc.), Securities Purchase Agreement (Uranium Energy 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, 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

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

Samples: Securities Purchase Agreement (Agile Therapeutics Inc), Securities Purchase Agreement (OKYO Pharma LTD), 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 Unregistered 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 6 contracts

Samples: Securities Purchase Agreement (NXT-Id, Inc.), Securities Purchase Agreement (NXT-Id, Inc.), Securities Purchase Agreement (Tantech Holdings LTD)

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 5 contracts

Samples: Securities Purchase Agreement (Dermata Therapeutics, Inc.), Securities Purchase Agreement (Cloudcommerce, Inc.), Securities Purchase Agreement (Xeris Biopharma 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 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 5 contracts

Samples: Securities Purchase Agreement (Vision Marine Technologies Inc.), Securities Purchase Agreement (Vision Marine Technologies Inc.), Securities Purchase Agreement (Vision Marine Technologies 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 5 contracts

Samples: Securities Purchase Agreement (Trevi Therapeutics, Inc.), Securities Purchase Agreement (GD Culture Group LTD), Securities Purchase Agreement (Actinium Pharmaceuticals, 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

Samples: 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 converts any Shares or 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

Samples: Securities Purchase Agreement (Alimera Sciences Inc), Series B Preferred Stock and Warrant Purchase Agreement (Viveve Medical, Inc.), Securities Purchase Agreement (Surna Inc.)

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 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

Samples: Securities Purchase Agreement (Castor Maritime Inc.), Securities Purchase Agreement (Castor Maritime Inc.), Securities Purchase Agreement (Castor Maritime 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) 501 under the Securities 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 4 contracts

Samples: Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (Worldwide Energy & Manufacturing Usa 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)(8501(a) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Discovery Energy Corp.), Securities Purchase Agreement (SRAX, Inc.), Securities Purchase Agreement (Discovery Energy 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 Prefunded 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

Samples: Securities Purchase Agreement (Gevo, Inc.), Securities Purchase Agreement (AgEagle Aerial Systems Inc.), Securities Purchase Agreement (AgEagle Aerial Systems 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 converts any Preferred Shares or 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 3 contracts

Samples: Securities Purchase Agreement (Infinity Energy Resources, Inc), Securities Purchase Agreement (American Noble Gas, Inc.), Securities Purchase Agreement (Infinity Energy Resources, 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 2 contracts

Samples: Securities Purchase Agreement (VCI Global LTD), Securities Purchase Agreement (VCI Global 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 2 contracts

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

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, 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)) of Regulation D promulgated under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Uni-Pixel), Securities Purchase Agreement (Zone Mining 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 WarrantsWarrants or converts any Convertible Notes, 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

Samples: Form of Securities Purchase Agreement (BNN Technology PLC), Securities Purchase Agreement (MICT, 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 or converts any Notes 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

Samples: Securities Purchase Agreement (PetVivo Holdings, Inc.), Securities Purchase Agreement (PetVivo Holdings, 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 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

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

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

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 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 2 contracts

Samples: Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.), Securities Purchase Agreement (NewLead 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, 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

Samples: Securities Purchase Agreement (Innovate Biopharmaceuticals, Inc.), 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 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

Samples: 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

Samples: Securities Purchase Agreement (Steakholder Foods Ltd.), Securities Purchase Agreement (Mobilicom LTD)

Purchaser Status. At the time such Purchaser was offered the Unregistered 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 2 contracts

Samples: Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (U.S. Gold Corp.)

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

Samples: 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 isis either, and on each date on which it exercises any Prefunded Warrants, it will be eithereither be: (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

Samples: Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (Genetic Technologies 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 institutional “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act and in Section 1.1 of NI45-106 or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (IntelGenx Technologies Corp.), Securities Purchase Agreement (IntelGenx Technologies Corp.)

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 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 2 contracts

Samples: Securities Purchase Agreement (Ceres, Inc.), Securities Purchase Agreement (Ceres, 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) or (a)(8a)(12) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (My Size, Inc.), Securities Purchase Agreement (InspireMD, 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, Ordinary Share 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

Samples: Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology 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 WarrantsWarrants or converts any shares of Series Alpha Preferred 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 2 contracts

Samples: Securities Purchase Agreement (Ritter Pharmaceuticals Inc), Securities Purchase Agreement (Qualigen Therapeutics, Inc.)

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, 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)) of Regulation D promulgated under the Securities Act or (ii) a "qualified institutional buyer" as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Rapid Link Inc), Securities Purchase Agreement (Rapid Link 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

Samples: 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 WarrantsWarrants for cash, 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

Samples: Securities Purchase Agreement (LabStyle Innovations Corp.), Securities Purchase Agreement (LabStyle Innovations 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 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

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

Samples: Securities Purchase Agreement (Alzamend Neuro, 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

Samples: 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 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

Samples: Form of Securities Purchase Agreement (NRX Pharmaceuticals, Inc.)

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

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

Purchaser Status. At the time such each of the Purchaser was and the Advisor were offered the its Securities, it was, and as of at the date hereof it is, and on each the date on which it exercises any Warrants, its 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

Samples: Securities Purchase Agreement (Cord Blood America, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, on each Closing Date 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 or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rare Element Resources LTD)

Purchaser Status. At the time such Purchaser was offered the Securities, 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 1 contract

Samples: Securities Purchase Agreement (Ekso Bionics Holdings, 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

Samples: 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

Samples: Securities Purchase Agreement (Auris Medical Holding AG)

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

Samples: Securities Purchase Agreement (Celularity 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 or converts any Debentures 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(a144(a) under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (SOBR Safe, Inc.)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof and the Closing Date 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

Samples: Securities Purchase Agreement (Ari Network Services Inc /Wi)

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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) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Medicalcv 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), (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

Samples: Securities Purchase Agreement (Aridis 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) 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

Samples: 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 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

Samples: Form of Securities Purchase Agreement (ReWalk Robotics Ltd.)

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

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

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

Samples: 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 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

Samples: Securities Purchase Agreement (NRX 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 Ordinary Share 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

Samples: Securities Purchase Agreement (RedHill Biopharma 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 Private 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

Samples: Securities Purchase Agreement (Infobird Co., 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 WarrantsWarrants for cash, 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

Samples: Securities Purchase Agreement (Javelin Pharmaceuticals, 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 any Warrants, conversion right attributable to the Note 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.. (e)

Appears in 1 contract

Samples: Securities Purchase Agreement (Mach One Corp)

Purchaser Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof this representation is made 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.. (d)

Appears in 1 contract

Samples: Securities Purchase Agreement (Liquid Media 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 converts any WarrantsConvertible Notes, 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

Samples: Securities Purchase Agreement (MICT, 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: an 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

Samples: Securities Purchase Agreement (U.S. Gold Corp.)

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

Samples: Securities 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, it will be is 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

Samples: Securities Purchase Agreement (Edesa Biotech, Inc.)

Purchaser Status. At the time such each 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, Warrants or converts any Notes 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

Samples: Note and Warrant Purchase Agreement (Lucid 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

Samples: 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 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

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

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 or converts any Notes 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

Samples: Securities Purchase Agreement (Fresh Healthy Vending 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 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

Samples: 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, 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

Samples: 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 be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8), (a)(9) or (a)(12) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (My Size, 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 converts any shares of Series D-2 Preferred Stock or 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

Samples: Securities Purchase Agreement (Magnegas 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 1 contract

Samples: Securities Purchase Agreement (American Battery Metals 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 WarrantsWarrants 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 1 contract

Samples: Securities Purchase Agreement (Stevia First 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 converts the Series C Preferred Stock or 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

Samples: Securities Purchase Agreement (VerifyMe, 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 Transaction 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

Samples: Securities Purchase Agreement (My Size, 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

Samples: 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 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

Samples: 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: 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 Act, or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Velo3D, 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

Samples: 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 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 1 contract

Samples: Securities Purchase Agreement (NextPlat 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, 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 1 contract

Samples: Securities Purchase Agreement (Oxis 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 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

Samples: Securities Purchase Agreement (NanoVibronix, 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 and/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 1 contract

Samples: Securities Purchase Agreement (Durect Corp)

Purchaser Status. At the time such Purchaser was offered the SecuritiesNotes, it was, and as of the date hereof it is, and on each Closing Date and each other date on which it exercises any Warrantsis issued Underlying Shares, 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

Samples: Note Purchase Agreement (Reed's, 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 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

Samples: 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 WarrantsSeries A Warrants or converts any Preferred 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

Samples: Securities Purchase Agreement (Cleveland Biolabs Inc)

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