Common use of Holder Not Deemed a Stockholder Clause in Contracts

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no Holder, solely in such Person's capacity as a holder of this Warrant, shall be entitled to vote or receive dividends or be deemed the holder of shares of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, solely in such Person's capacity as a Holder, any of the rights of a shareholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Shares which such Person is then entitled to receive upon the due exercise of this Warrant. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 2 contracts

Samples: Warrant Agreement (Arotech Corp), Securities Agreement (Arotech Corp)

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Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no the Holder, solely in such Person's ’s capacity as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed the holder of shares capital stock of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, solely in such Person's ’s capacity as a Holderthe Holder of this Warrant, any of the rights of a shareholder stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Shares which such Person is then entitled to receive upon the due exercise of this Warrant. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 2 contracts

Samples: Warrant Agreement (Baudax Bio, Inc.), Warrant Agreement (Baudax Bio, Inc.)

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no Holder, solely in such Person's capacity as a holder Prior to the issuance to the Holder of the Warrant Shares to which the Holder is then entitled to receive upon the due exercise of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of shares of capital stock of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, solely in such Person's capacity as a Holdersuch, any of the rights of a shareholder stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Shares which such Person is then entitled to receive upon the due exercise of this Warrant. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 67, the Company will shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders; provided, that the failure to provide such notice shall not effect any action taken by the stockholders of the Company.

Appears in 1 contract

Samples: Warrant Agreement (MusclePharm Corp)

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no Holderholder, solely in such Person's ’s capacity as a holder holder, of this Warrant, Warrant shall be entitled to vote or receive dividends or be deemed the holder of shares of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holderholder hereof, solely in such Person's ’s capacity as a Holderholder of this Warrant, any of the rights of a shareholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder holder of this Warrant of the Warrant Shares which such Person is then entitled to receive upon the due exercise of this Warrant. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such Holder holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will provide the Holder holder of this Warrant with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 1 contract

Samples: Securities Purchase Agreement (Guilford Pharmaceuticals Inc)

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no the Holder, solely in such Person's capacity as a holder of this Warrantthe Holder, shall not be entitled to vote or receive dividends or be deemed the holder of shares of the Company Common Stock for any purpose, nor shall anything contained in this Warrant Additional Investment Right be construed to confer upon the Holder, solely in such Person's capacity as a Holder, any of the rights of a shareholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Additional Investment Right Shares which such Person is then entitled to receive upon the due exercise of this WarrantAdditional Investment Right. In addition, nothing contained in this Warrant Additional Investment Right shall be construed as imposing any liabilities on such the Holder to purchase any securities (upon exercise of this Warrant Additional Investment Right or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dusa Pharmaceuticals Inc)

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no the Holder, solely in such Person's ’s capacity as a holder of this Warrantthe Holder, shall not be entitled to vote or receive dividends or be deemed the holder of shares of the Company Common Stock for any purpose, nor shall anything contained in this Warrant Additional Investment Right be construed to confer upon the Holder, solely in such Person's ’s capacity as a Holder, any of the rights of a shareholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Additional Investment Right Shares which such Person is then entitled to receive upon the due exercise of this WarrantAdditional Investment Right. In addition, nothing contained in this Warrant Additional Investment Right shall be construed as imposing any liabilities on such the Holder to purchase any securities (upon exercise of this Warrant Additional Investment Right or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 1 contract

Samples: Securities Purchase Agreement (Medwave Inc)

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Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no the Holder, solely in such Person's ’s capacity as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed the holder of shares share capital of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, solely in such Person's ’s capacity as a Holderthe Holder of this Warrant, any of the rights of a shareholder stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Shares which such Person is then entitled to receive upon the due exercise of this Warrant. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 1 contract

Samples: Warrant Agreement (Mannkind Corp)

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no the Holder, solely in such Person's its capacity as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed the holder of shares share capital of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, solely in such Person's its capacity as a Holderthe Holder of this Warrant, any of the rights of a shareholder stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Shares which such Person it is then entitled to receive upon the due exercise of this Warrant. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 1 contract

Samples: Securities Agreement (Inergetics Inc)

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, no the Holder, solely in such Person's its capacity as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed the holder of shares share capital of the Company for any purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, solely in such Person's its capacity as a Holderthe Holder of this Warrant, any of the rights of a shareholder stockholder of the Company or any right to vote, give or withhold consent to any corporate action (whether any reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings, receive dividends or subscription rights, or otherwise, prior to the issuance to the Holder of the Warrant Shares which such Person it is then entitled to receive upon the due exercise of this Warrant. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such the Holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company. Notwithstanding this Section 6, the Company will shall provide the Holder with copies of the same notices and other information given to the stockholders of the Company generally, contemporaneously with the giving thereof to the stockholders.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (BSD Medical Corp)

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