Common use of Holder Clause in Contracts

Holder. For purposes of this Section 2, the term “Holder” means any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” means shall mean any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “"Holder” " means any person owning or having the rights to acquire of record Registrable Securities that have not been sold to the public or sold pursuant to Rule 144 promulgated under the Securities Act, or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 Agreement have been duly assigned in accordance with this AgreementAgreement and the Warrant.

Holder. For purposes of this Section 21, the term “Holder” means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this AgreementWarrant.

Holder. For purposes of this Section 2, the term “Holder” means any person Person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “"Holder” " means any person owning or having the rights to acquire of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “"Holder” " means any person Stockholder owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 set forth herein have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” means shall mean any person or persons owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement, however provided that with respect to Section 2.3, the “Holders” shall exclude the holders of any Common Shares of the Company issued or issuable upon conversion of any shares of the Preferred Shares under the Series C Subscription Agreement.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “Holder” or “Holders” means any person or persons owning or having the rights to acquire of record Registrable Securities and any affiliate or any permitted transferee or assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with Securities; provided, however, that for purposes of this Agreement, a record holder of any securities convertible or exercisable into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities.

Holder. For purposes of this Section 23, the term “Holder” means any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 3 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person owning or having the rights to acquire Person who holds Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 Schedule 1 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “"Holder” " means any person Stockholder owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” or “Holders” means any person Person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” means shall mean any person Person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “"Holder” " or "Holders" means any person owning or having the entity that is a party to this Agreement and to which or whom Registrable Shares, or rights to acquire issuance of Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 Shares have been duly issued, assigned or transferred, in accordance with the Shareholders' Agreement and this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 set forth herein have been duly assigned in accordance with this Agreement; provided, however, that the Company shall in no event be obligated to register shares of Preferred Stock, and that Holders of Registrable Securities will not be required to convert their shares of Preferred Stock into Common Stock in order to exercise the registration rights granted hereunder, until immediately before the closing of the offering to which the registration relates.

Holder. For purposes of Section 2 of this Section 2Appendix, the term “Holder” means shall mean any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 of this Appendix have been duly assigned in accordance with this the Shareholders Agreement.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “Holder” or “Holders” means any person Person or Persons owning or having the rights to acquire of record Registrable Securities (as defined in subsection 1.1(m) below) or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this Agreement; provided, however, that for purposes of this Agreement, a record holder of securities convertible into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities.

Holder. For purposes of this Section 2, the term “Holder” means any person owning or having each of the rights to acquire Registrable Securities Company Shareholders or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2hereof, the term “"Holder” " means any person owning or having the rights to acquire Investor holding Registrable Securities and any transferee or any permitted assignee of record of such Registrable Securities to whom the rights under this Section 2 1 have been duly transferred or assigned in accordance with Section 3 of this Agreement.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “Holder” or “Holders” means any person or persons owning or having the rights to acquire of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this Agreement; provided, however, that for purposes of this Agreement, a record holder of Securities convertible into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “"Holder” " or "Holders" means (i) Grumbacher or (ii) any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person Person owning or having the rights to acquire Registrable Securities or any permitted assignee assign or transferee of record of such Registrable Securities to whom rights under this Section 2 Schedule have been duly assigned in accordance with this Agreementor transferred.

Holder. For purposes of this Section 2, the The term “"Holder” " means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 set forth herein have been duly assigned in accordance with this Agreement; provided, however, that for purposes of this Agreement, a record holder of shares of Series B Stock convertible into such Registrable Securities and/or Warrants exercisable for Registrable Securities shall be deemed to be the Holder of such Registrable Securities.

Holder. For purposes of this Section 2, the term “Holder” means any person stockholder of the Company owning or having the rights to acquire of record Registrable Securities Securities, or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 set forth herein have been duly assigned in accordance with this Agreement; provided, however, that for purposes of this Agreement, a record holder of the Series A Preferred convertible into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities; provided, further, that Holders of Registrable Securities will not be required to convert their Series A Preferred into shares of Common Stock in order to exercise the registration rights granted hereunder.

Holder. For purposes The term "Holder" means a Company Shareholder who is ------ the original holder of this Section 2, the term “Holder” means any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such any Registrable Securities to whom rights under this Section 2 Agreement have been duly assigned in accordance with the provisions of this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “Holder” or “Holders” means any person or persons owning or having the rights to acquire of record Registrable Securities or and any permitted assignee transferee of record of such Registrable Securities pursuant to whom rights under this Section 2 have been duly assigned in accordance with Agreement and the Lock-Up Agreement (defined below); provided, however, that for purposes of this Agreement, a record holder of any securities convertible or exercisable into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities.

Holder. For purposes of this Section 2, the The term “"Holder” " means any person owning or having the rights right to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned thereof in accordance with section 1.9 of this Agreement.;

Holder. For purposes of this Section 2, the The term “Holder” means any person owning or having the rights to acquire of record Registrable Securities (as defined below) or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 set forth herein have been duly assigned in accordance with this Agreement; provided, that, the Company shall in no event be obligated to register Purchased Shares and Holders of Registrable Securities will not be required to convert their Purchased Shares into Common Stock in order to exercise the registration rights granted hereunder until immediately before the closing of the offering to which the registration relates.

Holder. For purposes of this Section 24, the term “Holder” means any person Person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 4 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 set forth herein have been duly assigned in accordance with this Agreement; provided, however, that the Company shall in no event be obligated to register shares of Common Stock.

Holder. For purposes of this Section 21, the term “"Holder” " means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, As used herein the term “"Holder” " means any person ------ owning or having the rights right to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned thereof in accordance with Section 3 of this Agreement.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “Holder” or “Holders” means any person Person or Persons owning or having the rights to acquire of record Registrable Securities (as defined in subsection 1.1(k) below) or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this Agreement; provided, however, that for purposes of this Agreement, a record holder of securities convertible into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities.

Holder. For purposes of this Section 2Article VII, the term “Holder” means shall mean any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 Article VII have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means any person Person (as defined below) owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” means ”) shall mean any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” means shall mean any person Person or Persons owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means shall mean any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 3 have been duly assigned in accordance with Section 9.1 of this Agreement.

Holder. For purposes of this Section 2Article II, the term “Holder” means any person Person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 Article II have been duly assigned in accordance with this Agreement.

Holder. For purposes of Section 2 of this Section 2, Appendix the term “Holder” means shall mean any person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 of this Appendix have been duly assigned in accordance with this the Shareholders Agreement.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “Holder” or “Holders” means any person or persons owning or having the rights to acquire of record Registrable Securities (as defined in subsection 1(g) below) or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this Agreement; provided, however, that for purposes of this Agreement, a record holder of securities convertible into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities.

Holder. For purposes of this Section Article 2, the term “Holder” means shall mean any person Person owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section Article 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the The term “Holder” means in this Section 2 any person Person (as defined below) owning or having the rights to acquire of record Registrable Securities who is a party to this Agreement or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” means shall mean any person owning or having the rights to acquire Registrable Securities or of any permitted assignee of record of such Registrable Securities Securities: to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 21, the term “Holder” means any person owning or having the rights to acquire of record Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 2, the term “Holder” means any person or persons owning or having the rights to acquire Registrable Securities or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 have been duly assigned in accordance with this Agreement.

Holder. For purposes of this Section 21 and Section 2 hereof, the term “"Holder” " or "Holders" means any person or persons owning or having the rights to acquire of record Registrable Securities (as defined in subsection 1(e) below) or any permitted assignee of record of such Registrable Securities to whom rights under this Section 2 1 have been duly assigned in accordance with this AgreementExhibit C; provided, however, that for purposes of this Exhibit C, a record holder of securities convertible into such Registrable Securities shall be deemed to be the Holder of such Registrable Securities.