Restricted Note. Century represents and agrees that, upon the issuance of the Note, (a) Century will acquire such Note for Century’s own account, and for the purpose of investment and not with a view to the distribution thereof, and that Century has no present intention of selling, negotiating or otherwise disposing of such Note; it being understood, however, that the disposition of Century’s property shall at all times be, and shall at all times remain, within its control, and (b) the Note has not been registered under section 5 of the Securities Act and that Century will only re-offer or resell the Note purchased by Century under this Agreement pursuant to an effective registration statement under the Securities Act or in accordance with an available exemption from the requirements of section 5 of the Securities Act, except under circumstances where neither such registration nor such an exemption from registration is required by law.
Appears in 1 contract
Sources: Subordinated Convertible Note Agreement (Cardica Inc)
Restricted Note. Century represents and agrees thatagrees, upon and in entering into this Agreement the issuance of the NoteCompany understands, that (a) Century will acquire such is acquiring the Note for Century’s 's own account, and for the purpose of investment and not with a view to the distribution thereof, and that Century has no present intention of selling, negotiating or otherwise disposing of such the Note; it being understood, however, that the disposition of Century’s 's property shall at all times be, be and shall at all times remain, remain within its control, and (b) the Note has not been registered under section Section 5 of the Securities Act and that Century will only re-offer or resell the Note purchased by Century under this Agreement pursuant to an effective registration statement under the Securities Act or in accordance with an available exemption from the requirements of section Section 5 of the Securities Act, except under circumstances where neither such registration nor such an exemption from registration is required by law.
Appears in 1 contract
Sources: Convertible Subordinated Note Agreement (Micro Therapeutics Inc)
Restricted Note. Century represents and agrees that, upon the issuance of the Note, (a) Century will acquire such the Note for Century’s own account, and for the purpose of investment and not with a view to the distribution thereof, and that Century has no present intention of selling, negotiating or otherwise disposing of such the Note; it being understood, however, that the disposition of Century’s property shall at all times be, and shall at all times remain, within its control, and (b) the Note has not been registered under section 5 of the Securities Act and that Century will only re-offer or resell the Note purchased by Century under this Agreement pursuant to an effective registration statement under the Securities Act or in accordance with an available exemption from the requirements of section 5 of the Securities Act, except under circumstances where neither such registration nor such an exemption from registration is required by law.
Appears in 1 contract
Sources: Convertible Subordinated Note Agreement (Senorx Inc)