Common use of Participation Right Clause in Contracts

Participation Right. At any time any Notes remain outstanding, neither the Company nor any of its Subsidiaries shall directly or indirectly issue, offer, sell, grant any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act)), any Convertible Securities, any indebtedness, any preferred stock or any purchase rights (any such issuance, offer, sale, grant, disposition or announcement, each, a “Subsequent Placement”), unless the Company shall have first complied with this Section 4(s). The Company acknowledges and agrees that the right set forth in this Section 4(s) is a right granted by the Company, separately, to each Buyer.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.)

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Participation Right. At any time any Notes remain outstanding, neither the Company nor any of its Subsidiaries shall directly or indirectly issue, offer, sell, grant any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act)), any Convertible SecuritiesSecurities (as defined below), any indebtedness, any preferred stock or any purchase rights (any such issuance, offer, sale, grant, disposition or announcement, each, a “Subsequent Placement”), unless the Company shall have first complied with this Section 4(s4(o). The Company acknowledges and agrees that the right set forth in this Section 4(s4(o) is a right granted by the Company, separately, to each Buyer.

Appears in 3 contracts

Samples: Form of Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.)

Participation Right. At any time any Notes remain outstanding, neither the Company nor any of its Subsidiaries shall directly or indirectly issue, offer, sell, grant any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act)), any Convertible SecuritiesSecurities (as defined below), any indebtedness, any preferred stock or any purchase rights rights) (any such issuance, offer, sale, grant, disposition or announcement, announcement (each, a “Subsequent Placement”), unless the Company shall have first complied with this Section 4(s4(o). The Company acknowledges and agrees that the right set forth in this Section 4(s4(o) is a right granted by the Company, separately, to each Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Evofem Biosciences, Inc.)

Participation Right. At any time any Notes remain outstanding, neither the Company nor any of its Subsidiaries shall shall, directly or indirectly indirectly, issue, offer, sell, grant any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act), any Convertible Securities (as defined below), any Convertible Securities, any indebtednessdebt, any preferred stock or any purchase rights rights) (any such issuance, offer, sale, grant, disposition or announcement, each, announcement is referred to as a “Subsequent Placement”), ) unless the Company shall have first complied with this Section 4(s4(o). The Company acknowledges and agrees that the right set forth in this Section 4(s4(o) is a right granted by the Company, separately, Company separately to each Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (GigCapital5, Inc.)

Participation Right. At any time any Notes remain For so long as this Warrant is outstanding, neither the Company nor any of its Subsidiaries shall shall, directly or indirectly indirectly, issue, offer, sell, grant any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act)), any Convertible SecuritiesSecurities (as defined below), any indebtednessdebt, any preferred stock shares or any purchase rights (any such issuance, offer, sale, grant, disposition or announcement, each, announcement is referred to as a “Subsequent Placement”), ) unless the Company shall have first complied with this Section 4(s)5. The Company acknowledges and agrees that the right set forth in this Section 4(s) 5 is a right granted by the CompanyCompany to the Holder; provided that the Holder beneficially owns at least 142,857 Warrants as of the time the Company engaged in a Subsequent Placement (each such Holder, separately, to each Buyera “Qualified Holder”).

Appears in 1 contract

Samples: Warrant Agency Agreement (Nocera, Inc.)

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Participation Right. At any time any Notes remain outstanding, neither the Company nor any of its Subsidiaries shall directly or indirectly issue, offer, sell, grant any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act)), any Convertible SecuritiesSecurities (as defined 31 below), any indebtedness, any preferred stock or any purchase rights (any such issuance, offer, sale, grant, disposition or announcement, each, a “Subsequent Placement”), unless the Company shall have first complied with this Section 4(s4(o). The Company acknowledges and agrees that the right set forth in this Section 4(s4(o) is a right granted by the Company, separately, to each Buyer.

Appears in 1 contract

Samples: Form of Securities Purchase Agreement (Evofem Biosciences, Inc.)

Participation Right. At any time any Notes remain From the date hereof until none of the Debentures are outstanding, neither the Company nor any of its Subsidiaries shall shall, directly or indirectly indirectly, issue, offer, sell, grant any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Securities Act)), any Convertible SecuritiesCommon Stock Equivalents, any indebtednessdebt, any preferred stock or any purchase rights rights) (any such issuance, offer, sale, grant, disposition or announcement, each, announcement is referred to as a “Subsequent Placement”), ) unless the Company shall have first complied with this Section 4(s)4.13. The Company acknowledges and agrees that the right set forth in this Section 4(s) 4.13 is a right granted by the Company, separately, to each BuyerPurchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rodman & Renshaw Capital Group, Inc.)

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