Acquiring Person. Such Investor, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 15% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)
Acquiring Person. Such InvestorPurchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 1520% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o3.2(g), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Boston Life Sciences Inc /De), Common Stock Purchase Agreement (Boston Life Sciences Inc /De), Securities Purchase Agreement (Cytogen Corp)
Acquiring Person. Such InvestorPurchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 1520% or more of the Company’s 's outstanding Common Stock. For purposes of this Section 3.2(o)6.6, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 2 contracts
Samples: Note Purchase Agreement (Boston Life Sciences Inc /De), Note Purchase Agreement (Boston Life Sciences Inc /De)
Acquiring Person. Such Investor, including its affiliates, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 1516.5% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o)4.7, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Momenta Pharmaceuticals Inc), Stock Purchase Agreement (Novartis Ag)
Acquiring Person. Such Investor, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), not be the beneficial owner of 1520% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o2(l), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Securities Exchange Act of 1934, as amended (the “1934 Act”).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nanogen Inc), Securities Purchase Agreement (Nanogen Inc)
Acquiring Person. Such InvestorPurchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be become the beneficial owner of 1520% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o)6.6, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 1 contract
Samples: Convertible Promissory Note Purchase Agreement (Alseres Pharmaceuticals Inc /De)
Acquiring Person. Such InvestorPurchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 1520% or more of the Company’s 's outstanding Common Stock. For purposes of this Section 3.2(o3.2(g), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 1 contract
Acquiring Person. Such InvestorBuyer, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 1520% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o2(j), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 1 contract
Acquiring Person. Such InvestorThe Purchaser, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be become the beneficial owner of 1520% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o)6.6, beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 1 contract
Samples: Convertible Promissory Note Purchase Agreement (Alseres Pharmaceuticals Inc /De)
Acquiring Person. Such The Investor, after giving effect to the transactions contemplated hereby, will not, either individually or with a group (as defined in Section 13(d)(3) of the Exchange Act), be the beneficial owner of 15% or more of the Company’s outstanding Common Stock. For purposes of this Section 3.2(o), beneficial ownership shall be determined pursuant to a Rule 13d-3 under the Exchange Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)