Participation Right. From the date hereof through the two (2) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Axion Power International, Inc.), Securities Purchase Agreement (Axion Power International, Inc.), Securities Purchase Agreement (Digital Angel Corp)
Participation Right. From At any time on or prior to the date hereof through the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Oblong, Inc.), Securities Purchase Agreement (BIMI International Medical Inc.), Securities Purchase Agreement (Gaucho Group Holdings, Inc.)
Participation Right. From At any time on or prior to the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Clean Vision Corp), Securities Purchase Agreement (Clean Vision Corp), Securities Purchase Agreement (Edoc Acquisition Corp.)
Participation Right. From Until the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o)4.12. The Company acknowledges and agrees that the right set forth in this Section 4(o) 4.12 is a right granted by the Company, separately, to each BuyerPurchaser.
Appears in 8 contracts
Samples: Securities Purchase Agreement (ICZOOM Group Inc.), Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Datasea Inc.)
Participation Right. From the date hereof through the two twelve (212) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Biostar Pharmaceuticals, Inc.), Securities Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (China Shen Zhou Mining & Resources, Inc.)
Participation Right. From At any time on or prior to the date hereof through the two (2) year third anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 5 contracts
Samples: Securities Purchase Agreement (BitNile Metaverse, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Blue Hat Interactive Entertainment Technology)
Participation Right. From the date hereof through the two one (21) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Royale Energy Inc), Securities Purchase Agreement (Novadel Pharma Inc), Securities Purchase Agreement (Novadel Pharma Inc)
Participation Right. From At any time on or prior to the later of (x) the date hereof through no Notes remain outstanding and (y) the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Investor Buyer.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Helios & Matheson Analytics Inc.), Securities Purchase Agreement (Helios & Matheson Analytics Inc.), Securities Purchase Agreement (Helios & Matheson Analytics Inc.)
Participation Right. From At any time on or prior to the date hereof through the two (2) year fourth anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Auddia Inc.), Securities Purchase Agreement (Auddia Inc.), Securities Purchase Agreement (Windtree Therapeutics Inc /De/)
Participation Right. From the date hereof through until the two twelve (212) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 4 contracts
Samples: Securities Purchase Agreement (BSD Medical Corp), Securities Purchase Agreement (Biodelivery Sciences International Inc), Securities Purchase Agreement (Tri Valley Corp)
Participation Right. From the date hereof through until the two (2) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o)5.10. The Company acknowledges and agrees that the right set forth in this Section 4(o) 5.10 is a right granted by the Company, separately, to each Buyerthe Investor.
Appears in 3 contracts
Samples: Subscription Agreement (Grill Concepts Inc), Subscription Agreement (Eaturna LLC), Subscription Agreement (Eaturna LLC)
Participation Right. From the date hereof through the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4(q) is a right granted by the Company, separately, to each Buyer.
Appears in 3 contracts
Samples: Securities Purchase Agreement (xG TECHNOLOGY, INC.), Securities Purchase Agreement (xG TECHNOLOGY, INC.), Securities Purchase Agreement (xG TECHNOLOGY, INC.)
Participation Right. From Until the date hereof through the two (2) one year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o)4.12. The Company acknowledges and agrees that the right set forth in this Section 4(o) 4.12 is a right granted by the Company, separately, to each BuyerPurchaser.
Appears in 3 contracts
Samples: Securities Purchase Agreement (EZGO Technologies Ltd.), Securities Purchase Agreement (Blue Hat Interactive Entertainment Technology), Securities Purchase Agreement (Blue Hat Interactive Entertainment Technology)
Participation Right. From the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Internet Media Services, Inc.), Securities Purchase Agreement (Fuse Science, Inc.), Securities Purchase Agreement (Fuse Science, Inc.)
Participation Right. From Until the date hereof through the two (2) year fifth anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(u). The Company acknowledges and agrees that the right set forth in this Section 4(o4(u) is a right granted by the Company, separately, to each Buyer.
Appears in 3 contracts
Samples: Securities Purchase Agreement (YayYo, Inc.), Securities Purchase Agreement (YayYo, Inc.), Securities Purchase Agreement (YayYo, Inc.)
Participation Right. From the date hereof through the two (2) one year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aura Systems Inc), Securities Purchase Agreement (Atrinsic, Inc.), Securities Purchase Agreement (Atrinsic, Inc.)
Participation Right. From Until the date hereof through the two (2) year eighteen month anniversary of the Closing Datedate hereof, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement (as defined below) unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.)
Participation Right. From At any time on or prior to the date hereof through the two eighteen (218) year month anniversary of the Closing Applicable Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (American Rebel Holdings Inc), Securities Purchase Agreement (Reliance Global Group, Inc.)
Participation Right. From At any time on or prior to the date hereof through the two (2) year eighteen month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(p). The Company acknowledges and agrees that the right set forth in this Section 4(o4(p) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vinco Ventures, Inc.), Securities Purchase Agreement (Cosmos Holdings Inc.)
Participation Right. From At any time after the date hereof through Closing Date and until the two earlier of (2i) year the second anniversary of the Closing DateDate and (ii) the date in which Preferred Shares are no longer outstanding, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(p). The Company acknowledges and agrees that the right set forth in this Section 4(o4(p) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (PharmaCyte Biotech, Inc.), Securities Purchase Agreement (MyMD Pharmaceuticals, Inc.)
Participation Right. From Until the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(m). The Company acknowledges and agrees that the right set forth in this Section 4(o4(m) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Broadfin Capital, LLC), Securities Purchase Agreement (Biodelivery Sciences International Inc)
Participation Right. From the date hereof through the two (2) one year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o5(o). The Company acknowledges and agrees that the right set forth in this Section 4(o5(o) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Morria Biopharmaceuticals PLC), Securities Purchase Agreement (Iceweb Inc)
Participation Right. From the date hereof through the two twelve (212) year month anniversary of the Closing Applicable Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Reeds Inc), Securities Purchase Agreement (Imaging3 Inc)
Participation Right. From the date hereof through the two (2) year first anniversary of the Initial Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sinocoking Coal & Coke Chemical Industries, Inc.), Securities Purchase Agreement (Kandi Technologies Group, Inc.)
Participation Right. From the date hereof through until the two (2) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries Subsidiary shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(p). The Company acknowledges and agrees that the right set forth in this Section 4(o4(p) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Transaction Agreement (Workstream Inc), Transaction Agreement (Magnetar Financial LLC)
Participation Right. From Until the date hereof through the two (2) year eighteen month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4(q) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Senmiao Technology LTD), Securities Purchase Agreement (China Lending Corp)
Participation Right. From At any time on or prior to the date hereof through the two second (22nd) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Super League Gaming, Inc.)
Participation Right. From At any time on or prior to the date hereof through the two (2) year first anniversary of the Initial Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (BIT ORIGIN LTD), Securities Purchase Agreement (Clean Vision Corp)
Participation Right. From Until the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o)4.13. The Company acknowledges and agrees that the right set forth in this Section 4(o) 4.13 is a right granted by the Company, separately, to each BuyerPurchaser.
Appears in 2 contracts
Samples: Form of Securities Purchase Agreement (Canaan Inc.), Form of Securities Purchase Agreement (WiMi Hologram Cloud Inc.)
Participation Right. From the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(l). The Company acknowledges and agrees that the right set forth in this Section 4(o4(l) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (U-Vend, Inc.), Securities Purchase Agreement (U-Vend, Inc.)
Participation Right. From the date hereof through the two one (21) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kandi Technologies Group, Inc.), Securities Purchase Agreement (Kandi Technologies Corp)
Participation Right. From the date hereof through until the two (2) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From the date hereof through the two twelve (212) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(p). The Company acknowledges and agrees that the right set forth in this Section 4(o4(p) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Form of Securities Purchase Agreement (Tantech Holdings LTD)
Participation Right. From the date hereof through the two (2) year third anniversary of the Initial Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time on or prior to the date hereof through the two second (22nd) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shallshall not, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From the date hereof through the two eighteen (218) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Kandi Technologies Group, Inc.)
Participation Right. From Until the date hereof through the two (2) year forty-second month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(r). The Company acknowledges and agrees that the right set forth in this Section 4(o4(r) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.)
Participation Right. From At any time after the date hereof through the two Closing Date and until twelve (212) year anniversary of months following the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each BuyerBuyer (as defined herein).
Appears in 1 contract
Participation Right. From the date hereof through the two five (25) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (WPCS International Inc)
Participation Right. From At any time on or prior to the date hereof through the two (2) year second anniversary of the Additional Closing Expiration Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(p). The Company acknowledges and agrees that the right set forth in this Section 4(o4(p) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (One Stop Systems, Inc.)
Participation Right. From the date hereof through until the two one (21) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Kandi Technologies Corp)
Participation Right. From the date hereof through the two eighteen (218) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(p). The Company acknowledges and agrees that the right set forth in this Section 4(o4(p) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Form of Stock Purchase Agreement (Dehaier Medical Systems LTD)
Participation Right. From the date hereof through the two twelve (212) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Usa Technologies Inc)
Participation Right. From the date hereof through the two one (21) year anniversary of the Initial Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Converted Organics Inc.)
Participation Right. From At any time on or prior to the date hereof through the two first (21st ) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alternus Clean Energy, Inc.)
Participation Right. From the date hereof through until the two (2) year second anniversary of the Closing Datedate hereof, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.)
Participation Right. From the date hereof through the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time on or prior to the date hereof through the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the 4812-8381-8166v.6 Company, separately, to each Buyer. The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time on or prior to the date hereof through the two (2) year second anniversary of the Closing DateDate (or, if earlier, the nine (9) month anniversary of the date no Preferred Shares or Preferred Warrants remain outstanding), neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Lytus Technologies Holdings PTV. Ltd.)
Participation Right. From Until the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4.(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4.(q) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Form of Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.)
Participation Right. From Until the date hereof through the two second (22nd) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement Placement, unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Digital Domain Media Group, Inc.)
Participation Right. From Until the date hereof through the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4(q) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Information Technology, Inc.)
Participation Right. From Until the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). 4.17, The Company acknowledges and agrees that the right set forth in this Section 4(o) 4.17 is a right granted by the Company, separately, to each BuyerPurchaser.
Appears in 1 contract
Participation Right. From the date hereof through the two (2) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o27(b)(i) or Section 27(b)(ii) (as applicable). The Company acknowledges and agrees that the right rights set forth in this Section 4(o27(b) is a right are rights granted by the Company, separately, to each BuyerClaimant.
Appears in 1 contract
Participation Right. From the date hereof through the two (2) one year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From the date hereof through until the two eighteen (218) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time on or prior to the date hereof through the two (2) year third anniversary of the Initial Closing DateDate (or, if later, the date no Notes remain outstanding), neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4(q) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Workhorse Group Inc.)
Participation Right. From the date hereof through until the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(r). The Company acknowledges and agrees that the right set forth in this Section 4(o4(r) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time on or prior to the date hereof through the two (2) year second anniversary of the First Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4(q) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Form of Securities Purchase Agreement (EnteroMedics Inc)
Participation Right. From the date hereof through the two eighteen (218) year month anniversary of the Additional Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Shen Zhou Mining & Resources, Inc.)
Participation Right. From the date hereof through the two eighteen (218) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Significant Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Lightpath Technologies Inc)
Participation Right. From At any time on or prior to the date hereof through the two eighteen (218) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). This Section 4(o) will terminate upon the expiration of such period. The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pacific Ethanol, Inc.)
Participation Right. From the date hereof through the two fifteen (215) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Nova Lifestyle, Inc.)
Participation Right. From the date hereof through the two (2) year anniversary of At any time after the Closing DateDate and until any Notes are no longer outstanding, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement (except for the Concurrent Offering) unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Smith Micro Software, Inc.)
Participation Right. From the date hereof through until the two (2) year six-month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer. The restrictions contained in this Section 4(n) shall not apply in connection with the issuance of any Excluded Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Geoglobal Resources Inc.)
Participation Right. From Subject to the date hereof through Section 4(o)(vii), at any time on or prior to the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shallshall not, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From Until the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4(q) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time on or prior to the date hereof through the two (2) year second anniversary of the First Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Gaucho Group Holdings, Inc.)
Participation Right. From the date hereof through the two three (23) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect consummate any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time on or prior to the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Visionary Education Technology Holdings Group Inc.)
Participation Right. From the date hereof through the two eighteenth (218th) year month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biostar Pharmaceuticals, Inc.)
Participation Right. From the date hereof through until the two (2) year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shallshall not, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From At any time after the date hereof through until the two (2) year eighteen month anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(r). The Company acknowledges and agrees that the right set forth in this Section 4(o4(r) is a right granted by the Company, separately, to each the Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)
Participation Right. From At any time on or prior to the date hereof through the two (2) year first anniversary of the Initial Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4(q) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From the date hereof through the two (2) year second anniversary of the Initial Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Superconductor Corp /De/)
Participation Right. From Until the date hereof through the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o)4.11. The Company acknowledges and agrees that the right set forth in this Section 4(o) 4.11 is a right granted by the Company, separately, to each BuyerPurchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (RiceBran Technologies)
Participation Right. From Until the date hereof through the two (2) year [β] anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o)4.12. The Company acknowledges and agrees that the right set forth in this Section 4(o) 4.12 is a right granted by the Company, separately, to each BuyerPurchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (EZGO Technologies Ltd.)
Participation Right. From Until the date hereof through the two (2) year second anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4.(q). The Company acknowledges and agrees that the right set forth in this Section 4(o4.(q) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.)
Participation Right. From the date hereof through the two (2) year third anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). The Company acknowledges and agrees that the right set forth in this Section 4(o) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From the date hereof through the two (2) one year anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o4(n). The Company acknowledges and agrees that the right set forth in this Section 4(o4(n) is a right granted by the Company, separately, to each Buyer.
Appears in 1 contract
Participation Right. From Until the date hereof through the two (2) year first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(o). 4.19, The Company acknowledges and agrees that the right set forth in this Section 4(o) 4.19 is a right granted by the Company, separately, to each BuyerPurchaser.
Appears in 1 contract
