Rights of Others Affecting the Transactions. There are no preemptive rights of any stockholder of the Company, as such, to acquire the Securities. No other party has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Documents.
Rights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Note. No party other than the Lender or Rose Capital has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.
Rights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company, as such, to acquire the Note, or any shares of the Company’s Common Stock that may be issued to the Purchaser in connection with any other agreements between the parties, in the event such shares are issued.
Rights of Others Affecting the Transactions. There are no preemptive rights of any stockholder of the Company to acquire the Securities. No other party has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements. Except for a Registration Statement on Form S-8, no Person has, and as of the Closing Date, no Person shall have, any demand, “piggy-back” or other rights to cause the Company to file any registration statement under the Securities Act relating to any of its securities or to participate in any such registration statement.
Rights of Others Affecting the Transactions. Except as set forth in the Disclosure Annex, there are no preemptive rights of any stockholder of the Company to acquire the Securities that have not otherwise been waived or adjudicated with any stockholders of the Company. No other party has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Agreements. Except as set forth in the Disclosure Annex, no Person has, and as of the Closing Date, no Person shall have, any demand, “piggy-back” or other rights to cause the Company to file any registration statement under the 1933 Act relating to any of its securities or to participate in any such registration statement.
Rights of Others Affecting the Transactions. Except for the right of participation (the “Participation Rights”) under Section 4.11 of the Securities Purchase Agreement dated as of November 30, 2009 with Whalehaven LP and Alpha Capital Anstalt (the “Participation Rights Holders”), there are no preemptive rights of any stockholder of the Company, as such, to acquire the Purchased Securities or the Shares. No other party has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Transaction Documents. The Company has undertaken all actions, and otherwise complied with all requirements of, required by the Participation Rights and has received written confirmation that the Participation Rights Holders will neither participate in nor object to the transactions contemplated hereby, as more fully set forth on the Officer Certificate.
Rights of Others Affecting the Transactions. There are no preemptive rights of any member or security holder of the Purchaser, as such, to acquire the common shares that may be issued to the Company or its designees in connection with this Agreement and/or any agreements between the parties hereto. No party other than a Purchaser has a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by this Agreement.
Rights of Others Affecting the Transactions. There are no Persons with any preemptive rights to acquire any of the securities that may be issued to the Investor pursuant to this Agreement and no Persons have a currently exercisable right of first refusal which would be applicable to any or all of the transactions contemplated by the Loan Documents.
Rights of Others Affecting the Transactions. There are no preemptive rights and/or anti-dilution rights of any person holding securities of the Company. No person has a right of first refusal.
Rights of Others Affecting the Transactions. There are no preemptive rights of any shareholder of the Company to acquire the Senior Notes. No party other than a Lender or an Other Lender has a currently exercisable right of first refusal, which would be applicable to any or all of the transactions contemplated by the Transaction Agreements.
