in Section 3, definition

in Section 3,. Other Securities" shall replace the term "Securities" in Section 3 and references in Section 3 to "Actual Additional Issuance" will be deemed to exclude Securities. Notwithstanding the foregoing, in connection with the issuance of any Other Securities in a Proposed Additional Issuance, the Company shall not be required to comply with Section 2 with respect to any particular Holder if (i) such Holder is not an "accredited investor" under Regulation D of the Securities Act, or (ii) after using reasonable best efforts to comply with applicable laws with respect to such Holder, compliance with Section 2 would violate applicable laws; provided, however, if the Company can comply with applicable laws with respect to such Holder by the filing of any documents with governmental authorities (other than the filing of a registration statement with the SEC), by delivering information to such Holder (other than a prospectus pursuant to a public offering) or by obtaining information from such Holder, then the Company shall use its reasonable best efforts to take such action or shall, instead, comply with Section 3 regardless of whether the Company has sought the approval of the Investor to comply with Section 3. Notwithstanding the foregoing, in connection with the issuance of any Other Securities in an Actual Additional Issuance, the Company shall not be required to comply with Section 3 with respect to any particular Holder if (i) such Holder is not an "accredited investor" under Regulation D of the Securities Act, or (ii) after using reasonable best efforts to comply with applicable laws with respect to such Holder, compliance with Section 3 would violate applicable laws; provided, however, if the Company can comply with applicable laws with respect to such Holder by the filing of any documents with governmental authorities (other than the filing of a registration statement with the SEC), by delivering information to such Holder (other than a prospectus pursuant to a public offering) or by obtaining information from such Holder, then the Company shall use its reasonable best efforts to take such action or shall, instead, comply with Section 2 regardless of whether the Company has sought the approval of the Investor to comply with Section 2.
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Examples of in Section 3, in a sentence

  • This Warrant does not entitle the Holder to any voting rights, dividends or other rights as a stockholder of the Company prior to the exercise hereof as set forth in Section 2(d)(i), except as expressly set forth in Section 3.

  • Neither such inquiries nor any other due diligence investigation conducted by Buyer or any of its advisors or representatives shall modify, amend or affect Buyer’s right to rely on the Company’s representations and warranties contained in Section 3 below.

  • The representations and warranties of the Purchaser contained in Section 3 shall be true and correct at and as of such Closing Date as though then made.

  • Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.

  • This Warrant does not entitle the Holder to any voting rights, dividends or other rights as a shareholder of the Company prior to the exercise hereof as set forth in Section 2(d)(i), except as expressly set forth in Section 3.

  • Subject to the restrictions in Section 3 hereof, this Purchase Warrant may be exercised or assigned in whole or in part.

  • The Custodian’s fees are set forth in Section 3 of the General Information section at the beginning of this booklet.

  • Absent prior written consent of the person listed in Section 3 or his/her designee, Contractor shall not: (1) disclose, publish, or disseminate any information, not a matter of public record, that is received by reason of this Contract, regardless of whether the Contractor is or is not under contract at the time of the disclosure; or (2) disclose, publish, or disseminate any information developed for MPS under this Contract.

  • Neither such inquiries nor any other due diligence investigation conducted by Buyer or any of its advisors or representatives shall modify, amend or affect Buyer's right to rely on the Company's representations and warranties contained in Section 3 below.

  • The Company acknowledges and agrees that the Investor neither makes nor has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3 hereof.

Related to in Section 3,

  • Description Section means the section on page one of the Certificate describing the Company's operations and the

  • Section means a section of the Act.

  • Tomographic section means the volume of an object whose x-ray attenuation properties are imaged in a tomogram.

  • Line section means either that portion of an EDU's electric system connected to a customer bounded by automatic sectionalizing devices, the end of the distribution line, or a line segment identified as appropriate for study by a utility engineer.

  • Non-Section 423 Component means those Offerings under the Plan, together with the sub-plans, appendices, rules or procedures, if any, adopted by the Administrator as a part of this Plan, in each case, pursuant to which rights to purchase Shares during an Offering Period may be granted to Eligible Employees that need not satisfy the requirements for rights to purchase Shares granted pursuant to an “employee stock purchase plan” that are set forth under Section 423 of the Code.