Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 28 contracts
Samples: Convertible Preferred Stock Purchase Agreement (VeriChip CORP), Preferred Stock Purchase Agreement (Medis Technologies LTD), Security Agreement (NYXIO TECHNOLOGIES Corp)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that Investor any Purchaser is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 27 contracts
Samples: Securities Purchase Agreement (Lifestream Technologies Inc), Securities Purchase Agreement (Avant Immunotherapeutics Inc), Securities Purchase Agreement (DDS Technologies Usa Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 25 contracts
Samples: Stock Purchase Agreement (Immune Pharmaceuticals Inc), Stock Purchase Agreement (Camber Energy, Inc.), Amended and Restated Stock Purchase Agreement (Amarantus Bioscience Holdings, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Eresource Capital Group Inc), Securities Purchase Agreement (Viragen Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Preferred Stock Purchase Agreement (Uluru Inc.), Preferred Stock Purchase Agreement (Uluru Inc.), Stock Purchase Agreement (Ascent Solar Technologies, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/), Securities Purchase Agreement (Pro Pharmaceuticals Inc), Securities Purchase Agreement (Pro Pharmaceuticals Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investorthe Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Tagalder Global Investment, Inc.), Securities Purchase Agreement (Vistula Communications Services Inc), Securities Purchase Agreement (Validian Corp)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.
Appears in 10 contracts
Samples: Preferred Stock Purchase Agreement (Cord Blood America, Inc.), Securities Purchase Agreement (Hythiam Inc), Preferred Stock Purchase Agreement (Cord Blood America, Inc.)
Shareholders Rights Plan. No claim will shall be made or enforced by the Company or, to the knowledge of the Company, or any other Person person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the this Agreement or any other Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Sco Group Inc), Securities Purchase Agreement (Security Devices International Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Isco International Inc), Securities Purchase Agreement (Focus Enhancements Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Underlying Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 8 contracts
Samples: Securities Purchase Agreement (ProLink Holdings Corp.), Securities Purchase Agreement (Ipix Corp), Securities Purchase Agreement (Bulldog Technologies Inc)
Shareholders Rights Plan. No claim will shall be made or enforced by the Company or, to the knowledge of the Company, or any other Person person that Investor any Purchaser is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the this Agreement or any other Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 6 contracts
Samples: Security Agreement, Security Agreement (Security Devices International Inc.), Securities Purchase Agreement (Imedia International Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that Investor any Purchaser is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Investor Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Dyntek Inc), Securities Purchase Agreement (China World Trade Corp), Securities Purchase Agreement (Miv Therapeutics Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to that the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedSecurities.
Appears in 5 contracts
Samples: Indemnification Agreement (Ophthalmic Imaging Systems), Indemnification Agreement (Ophthalmic Imaging Systems), Indemnification Agreement (Ophthalmic Imaging Systems)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that Investor any Purchaser is an “Acquiring Person” or any similar term under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 5 contracts
Samples: Subscription Agreement (Dialogic Inc.), Subscription Agreement (Tennenbaum Capital Partners LLC), Securities Purchase Agreement (Paradigm Holdings, Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving the Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Lucas Energy, Inc.), Securities Purchase Agreement (Lucas Energy, Inc.), Stock Purchase Agreement (Lucas Energy, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, in each case solely by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.
Appears in 4 contracts
Samples: Securities Purchase Agreement (XTL Biopharmaceuticals LTD), Securities Purchase Agreement (XTL Biopharmaceuticals LTD), Securities Purchase Agreement (XTL Biopharmaceuticals LTD)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Series H Preferred Stock Purchase Agreement (Entech Solar, Inc.), Series H Preferred Stock Purchase Agreement (Entech Solar, Inc.), Series H Preferred Stock Purchase Agreement (Entech Solar, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Issuable Shares under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Cosmos Holdings Inc.), Securities Purchase Agreement (Alzamend Neuro, Inc.), Securities Purchase Agreement (Alzamend Neuro, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person person that the Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Investment Agreement (CASI Pharmaceuticals, Inc.), Investment Agreement (Spectrum Pharmaceuticals Inc), Investment Agreement (CASI Pharmaceuticals, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedDocuments.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Zone 4 Play Inc), Securities Purchase Agreement (Zone 4 Play Inc), Securities Purchase Agreement (Zone 4 Play Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Lender is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Lender could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and InvestorLender. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Beyond Commerce, Inc.), Security Agreement (Camber Energy, Inc.), Securities Purchase Agreement (Beyond Commerce, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investorthe Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Novavax Inc), Securities Purchase Agreement (Novavax Inc), Securities Purchase Agreement (Novavax Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that each Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 19401040, as amended.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Preferred Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (DPW Holdings, Inc.), Securities Purchase Agreement (DPW Holdings, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 19401040, as amended.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Advaxis, Inc.), Preferred Stock Purchase Agreement (Advaxis, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person Person, that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor or any Affiliate of Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.
Appears in 2 contracts
Samples: Securities Purchase Agreement (ZBB Energy Corp), Securities Purchase Agreement (ZBB Energy Corp)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (DPW Holdings, Inc.), Securities Purchase Agreement (Ault Global Holdings, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 1 contract
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents Series C Preferred Stock, Shares, Warrants, Warrant Shares, or Dividend Shares (if applicable) or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.
Appears in 1 contract
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.amended.5.5
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Digital Power Corp)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities the Preferred Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (POSITIVEID Corp)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents this Agreement or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 1 contract
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents Preferred, Shares, Warrants or Warrant Shares or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.
Appears in 1 contract
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person person that Investor is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Registrable Securities under the Transaction Documents Note, Warrant or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 1 contract
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Investor is an “Acquiring Person” under any shareholders control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedInvestors.
Appears in 1 contract
Samples: Purchase Agreement Purchase Agreement (Ocuphire Pharma, Inc.)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to that the knowledge of the Company, any other Person that Investor is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or which may be hereafter adopted by the Company, or that the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents Shares hereunder or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.
Appears in 1 contract
