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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 4 contracts
Samples: Securities Purchase Agreement (World Surveillance Group Inc.), Securities Purchase Agreement (World Surveillance Group Inc.), Securities Purchase Agreement (World Surveillance Group 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actand Purchaser.
Appears in 4 contracts
Samples: Securities Purchase Agreement (BPK Resources Inc), Securities Purchase Agreement (Rapid Link Inc), Securities Purchase Agreement (Rapid Link 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 any Purchaser is an "Acquiring Personacquiring person" under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 4 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals Inc.), Note and Warrant Purchase Agreement (Critical Home Care Inc), Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares or Underlying Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Earthshell Corp), Securities Purchase Agreement (Millennium Cell Inc), Securities Purchase Agreement (Millennium Cell 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Verticalnet Inc), Securities Purchase Agreement (Verticalnet Inc), Securities Purchase Agreement (Verticalnet Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company company or, to the knowledge of the Company, any other Person that any Purchaser is an "“Acquiring Person" ” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by on the Companydate hereof, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Attunity LTD), Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.)
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Wilsons the Leather Experts Inc), Common Stock Purchase Agreement (Wilsons the Leather Experts Inc), Securities Purchase Agreement (Planar Systems 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchaser. The Purchaser covenants with the Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.as follows:
Appears in 3 contracts
Samples: Escrow Agreement (Smartire Systems Inc), Escrow Agreement (Smartire Systems Inc), Common Stock Purchase Agreement (Smartire Systems Inc)
Shareholders Rights Plan. No In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights the plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser could way would reasonably be expected to be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Bluephoenix Solutions LTD), Securities Purchase Agreement (Bluephoenix Solutions LTD), Securities Purchase Agreement (Bluephoenix Solutions LTD)
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 any the Purchaser is an "“Acquiring Person" ” or any similar term under any shareholders stockholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any the Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 3 contracts
Samples: Purchase Agreement (Steel Connect, Inc.), Preferred Stock Purchase Agreement (Falconstor Software Inc), Preferred Stock Purchase Agreement (ModusLink Global Solutions Inc)
Shareholders Rights Plan. No Except as set forth in the Disclosure Schedule, no claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sun Solunet LLC), Escrow Agreement (San Holdings Inc), Securities Purchase Agreement (San Holdings Inc)
Shareholders Rights Plan. No claim will be made or enforced has been made by the Company or, to the knowledge of the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Exabyte Corp /De/), Securities Purchase Agreement (Exabyte Corp /De/)
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business and the Purchasers in a manner so that it will not become subject to effect as of the Investment Company Actdate hereof.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (Imageware Systems 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 any the 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 any the Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under this Agreement or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Qsound Labs Inc), Securities Purchase Agreement (NGAS Resources 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 any a Purchaser is an "Acquiring Person" “acquiring person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any the Purchaser could be deemed to trigger the provisions of any such the plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Adera Mines LTD), Common Stock and Warrant Purchase Agreement (Chatsworth Data Solutions, Inc.)
Shareholders Rights Plan. No In the event that a shareholders ------------------------ rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights such plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser could way would reasonably be expected to be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Questcor Pharmaceuticals Inc), Securities Purchase Agreement (Questcor 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between Company and Purchaser. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company ActAct of 1940, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities 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, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem 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 (a) any Purchaser is an "Acquiring Person" “acquiring person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or (b) that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement; solely, in each case, by virtue of receiving Shares Securities under the Transaction Documents or by entering into the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Antares Pharma Inc), Common Stock and Warrant Purchase Agreement (Antares Pharma 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, in each case solely by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Keryx Biopharmaceuticals Inc), Securities Purchase Agreement (Keryx Biopharmaceuticals 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 any Purchaser is is, solely as a result of purchasing Securities pursuant to this Agreement, an "Acquiring Person" under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under any of the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wave Systems Corp), Securities Purchase Agreement (Wave Systems 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 2 contracts
Samples: Common Stock Purchase and Warrants Agreement (Us Dataworks Inc), Common Stock Purchase and Warrants Agreement (Us Dataworks 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 any Purchaser is an "“Acquiring Person" ” under any shareholders rights plan or similar plan or arrangement the Company’s Shareholder Rights Plan as presently in effect or hereafter adopted by as it may be amended or replaced in the Company, future or that in any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hollis Eden Pharmaceuticals Inc /De/), Securities Purchase Agreement (Hollis Eden Pharmaceuticals Inc /De/)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person acting on the Company's behalf that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ultimate Software Group Inc), Securities Purchase Agreement (Ultimate Software Group 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actand any Purchaser.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Zone Mining LTD), Securities Purchase Agreement (Uni-Pixel)
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares, Warrants or Warrant Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 2 contracts
Samples: Voting Agreement (Wilsons the Leather Experts Inc), Voting Agreement (Waller Joel N)
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 any Purchaser is Holders are an "“Acquiring Person" ” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Holders could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Registrable Securities under the Transaction Documents. The Notes, Warrants or under any other agreement between Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actand Holders.
Appears in 2 contracts
Samples: Purchase Agreement (Unity Wireless Corp), Purchase Agreement (Unity Wireless 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving Shares the Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Science & Engineering 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 any Purchaser Buyer is an "“Acquiring Person" ” under any shareholders rights plan or similar plan or arrangement currently in effect or hereafter adopted by the Company, or that any Purchaser Buyer could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under this Agreement or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActBuyers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Accentia Biopharmaceuticals 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 any Purchaser Holder 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 Purchaser Holder could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares exercising Warrants under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actthis Agreement.
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 Subsidiary or any other Person that 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, any Subsidiary or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Underlying Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Internet Commerce 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
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 that any Purchaser is an "Acquiring Person" “acquiring person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Biosante Pharmaceuticals Inc)
Shareholders Rights Plan. No Assuming the accuracy of the representations and warranties of the Purchasers contained herein, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of extent controlled by the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Documents or under any other agreement between Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actand Purchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Genetic Technologies LTD)
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 any a Purchaser is an "Acquiring Person" “acquiring person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any the Purchaser could be deemed to trigger the provisions of any such the plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Chatsworth Data Solutions, Inc.)
Shareholders Rights Plan. No claim will shall be made or enforced by the Company oror any director, to the knowledge officer, employee, representative or other person acting on behalf of the Company, any other Person Company that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under this Agreement or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Remote Dynamics Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company company or, to the knowledge of the Company, any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by on the Companydate hereof, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
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 any Purchaser is an "Acquiring Person" under any shareholders shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any the Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares purchasing the Securities hereunder or the acquisition of any other securities of the Company under any other arrangement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
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 that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchaser. The Purchaser covenants with the Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actas follows: Section 3.16.
Appears in 1 contract
Samples: Exhibit 1.1 Common Stock Purchase Agreement (Diasys 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documentsthis Agreement. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Shareholders Rights Plan. No In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights such plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Universal Display Corp \Pa\)
Shareholders Rights Plan. No In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any the Purchaser is an "Acquiring Person" under any shareholders rights the plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
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 the 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Shareholders Rights Plan. No In the event that a shareholders ------------------------ rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights the plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)
Shareholders Rights Plan. No claim will shall be made or enforced by the Company or, to the knowledge of the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities, Redemption Preferred Stock or Redemption Shares under this Agreement, a Redemption Certificate or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Fibernet Telecom Group 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 any Purchaser is an "Acquiring Person" under any shareholders rights plan or similar plan or arrangement presently in effect or hereafter adopted by the Companyeffect, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Investor Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Internet Commerce Corp)
Shareholders Rights Plan. No claim will be made or enforced has been made by the Company or, to the knowledge of the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.4.6
Appears in 1 contract
Samples: Securities Purchase Agreement (Meritage Private Equity Fund Lp)
Shareholders Rights Plan. No Except as set forth in the Disclosure Schedule, no claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any the 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 any the Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
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 that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Conversion Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Micro Imaging Technology, Inc.)
Shareholders Rights Plan. No In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights the plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Singing Machine Co Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, or to the knowledge of the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Mexoro Minerals 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actand Purchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Maverick Oil & Gas, 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Act Teleconferencing 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 any Purchaser is an "Acquiring Person" under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the CompanyCompany (excluding any rights which may exist under Minnesota corporate statutes), or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares the Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Insignia Systems Inc/Mn)
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 any the 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 any the Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares or Underlying Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Millennium Cell 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Storage Computer 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares the Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares or Underlying Shares under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Stock Purchase Agreement (Pressure Biosciences 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 any Purchaser is an "Acquiring Person" under the Plan or in any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, the Plan by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business Each Purchaser other than those who are "Institutional Investors" under the Plan severally agree not to acquire in a manner so that it will not become subject to excess of 14.99% of the Investment Company Actshares of Common Stock on any date while such Purchaser holds Warrants or Preferred Shares.
Appears in 1 contract
Samples: Securities Purchase Agreement (I Stat Corporation /De/)
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (North American Technologies Group Inc /Mi/)
Shareholders Rights Plan. No In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights such plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares or Underlying Shares under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Neotherapeutics Inc)
Shareholders Rights Plan. No claim will shall be made or enforced by the Company or, to the knowledge of the Company, Seller or any other Person person that any Purchaser is an "Acquiring Person" under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the CompanySeller, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under this Agreement or any Related Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to Seller and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Vasco Data Security International 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 any the 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 any the Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under this Agreement or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Shareholders Rights Plan. No In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights the plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dot Hill Systems Corp)
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 that any Purchaser Buyer is an "Acquiring Person" “acquiring person” or similar designation under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Buyer could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActBuyers.
Appears in 1 contract
Samples: Stock Purchase Agreement (Technical Communications Corp)
Shareholders Rights Plan. No claim will shall be made or enforced by the Company oror any director, to the knowledge officer, employee, representative or other person acting on behalf of the Company, any other Person Company that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under this Agreement or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Remote Dynamics Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any Subsidiary or any other Person that 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, any Subsidiary or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Underlying Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Internet Commerce 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Series I Preferred Stock under this Agreement or under any other agreement between the Transaction DocumentsCompany and Purchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Series I Preferred Stock Purchase Agreement (Entech Solar, Inc.)
Shareholders Rights Plan. No In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights such plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Underlying Shares under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Neotherapeutics Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge on behalf of the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
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 that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Investor Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (China World Trade 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America 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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving Underlying Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Arena 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 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 any Purchaser could would be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Large Scale Biology 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 any the Purchaser is an "Acquiring Personacquiring person" under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any the Purchaser could be deemed to trigger the provisions of any such the plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Electric & Gas Technology Inc)
Shareholders Rights Plan. No claim will be made or enforced by the Company company or, to the knowledge of the Company, any other Person that any Purchaser is an "“Acquiring Person" ” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by on the Companydate hereof, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Itamar Medical Ltd.)
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Notes under this Agreement or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Samples: Security Agreement (Nestor Inc)
Shareholders Rights Plan. No In the event that a shareholders -------------------------- rights plan is adopted by the Company, no claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser is an "Acquiring Person" under any shareholders rights such plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser way could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Achievement Tech Holdings Inc /Id/)
Shareholders Rights Plan. No claim will be made or enforced has been made by the Company or, to the knowledge of the Company, any other Person that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchasers.
Appears in 1 contract
Shareholders Rights Plan. No claim will shall be made or enforced by the Company oror any director, to the knowledge officer, employee, representative or other person acting on behalf of the Company, any other Person Company that 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under this Agreement or any other Transaction Documents or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Remote Dynamics 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 any Purchaser is an "“Acquiring Person" ” under any shareholders shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any the Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares purchasing the Securities hereunder or the acquisition of any other securities of the Company under any other arrangement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
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 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 any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Shares Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActPurchaser.
Appears in 1 contract
