Common use of Holder Clause in Contracts

Holder. For purposes of this Section 7, the term "Holder" means any person owning 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 7(b) have been duly assigned in accordance with this Agreement.

Appears in 5 contracts

Samples: Stock Purchase and Investor Rights Agreement (At Comm Corp), Stock Purchase and Investor Rights Agreement (Xiox Corp), Stock Purchase and Investor Rights Agreement (Xiox Corp)

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Holder. For purposes of this Section 7Agreement, the term "Holder" ” or “Holders” means any person or persons owning of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the U.S. Securities Act Act, or any permitted assignee of record of such Registrable Securities to whom rights under this Section 7(b) Agreement have been duly assigned in accordance with this Agreement; provided, however, that a holder of Excluded Securities shall not be a Holder with respect to such Excluded Securities for purposes of Section 2.1 of this Agreement.

Appears in 3 contracts

Samples: Registration Rights Agreement (Carbiz Inc), Investors' Rights Agreement (Carbiz Inc), Investors' Rights Agreement (Carbiz Inc)

Holder. For purposes of this Section 73, the term "Holder" means any person owning 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 7(b) 3 have been duly assigned in accordance with this Agreement.

Appears in 3 contracts

Samples: Investor Rights Agreement (Commerx Inc), Investor Rights Agreement (Commerx Inc), Investor Rights Agreement (Commerx Inc)

Holder. For purposes of this Section 7Addendum, the term "Holder" means any person person, including Consultant, owning of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act 1933 Act, or any permitted assignee of record of such Registrable Securities to whom rights under this Section 7(b) Addendum have been duly assigned in accordance with this Agreementthe terms hereof. "Registered Holder" shall mean any Holder in whose name Registrable Securities or the Warrant are registered upon the books and records maintained by Client.

Appears in 2 contracts

Samples: Consulting Agreement (Unity Wireless Corp), Consulting Agreement (Unity Wireless Corp)

Holder. For purposes of this Section 7, 6 the term "Holder" means any person Shareholder owning 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 7(b) 6 have been duly assigned in accordance with this Agreement.

Appears in 2 contracts

Samples: Shareholders' Agreement (Worldtalk Communications Corp), Shareholders' Agreement (Worldtalk Communications Corp)

Holder. For purposes of this Section 72 hereof, the term "Holder" means any person owning 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 7(b) have been duly assigned in accordance with this AgreementAct.

Appears in 2 contracts

Samples: Investors' Rights Agreement (General Automation Inc), Investors' Rights Agreement (Pacific Mezzanine Fund)

Holder. For purposes of this Section 71 and Section 2 hereof, the term "Holder" means any person owning 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 7(b) 1 have been duly assigned in accordance with this Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Asymetrix Learning Systems Inc), Registration Rights Agreement (Asymetrix Learning Systems Inc)

Holder. For purposes of this Section 7, the The term "Holder" means any person or entity owning 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 the rights granted under this Section 7(b) 2 have been duly assigned in accordance with this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (WiderThan Co., Ltd.), Preferred Stock Investors Rights Agreement (WiderThan Co., Ltd.)

Holder. For purposes of this Section 71, the term "Holder" means any person owning 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 7(b) 1 have been duly assigned in accordance with this Agreement.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Adflex Solutions Inc), Warrant Agreement (Modacad Inc)

Holder. For purposes of this Section 7, the The term "Holder" means any person owning 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 7(b) 2 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Vuzix Corp)

Holder. For purposes of this Section 72, the term "Holder" means ------ ------ any person owning 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 7(b) 2 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Investor Rights Agreement (Sohu Com Inc)

Holder. For purposes of this Section 7, the term "Holder" means any person owning 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 7(b) have been duly assigned in accordance with this AgreementSecurities.

Appears in 1 contract

Samples: Series B Preferred Stock and Warrant Purchase Agreement (Sports Group International Inc)

Holder. For purposes of this Section 71, the term "Holder" means means: (1) any person owning of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act Act, or (2) any permitted assignee of record of such Registrable Securities to whom rights under this Section 7(b) 1 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Investor Rights Agreement (Rattlesnake Holding Co Inc)

Holder. For purposes of this Section 71, the term "Holder" means any person owning of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act (“Rule 144”), or any permitted assignee of record of such Registrable Securities to whom rights under this Section 7(b) 1 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (China Medical Technologies, Inc.)

Holder. For purposes of this Section 72, the term "Holder" means any person holder owning of record Registrable Investor 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 Investor Securities to whom rights under this Section 7(b) 2 have been duly assigned in accordance with Section 4 of this Agreement.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Novell Inc)

Holder. For purposes of this Section 72, the term "Holder" means ” shall mean any person owning 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 7(b) 2 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Investor Rights Agreement (Viewsonic Corp)

Holder. For purposes of this Section 7Agreement, the term "Holder" means any person owning of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act an effective registration statement or any permitted assignee of record of such Registrable Securities to whom rights under this Section 7(b) 1 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Investor Rights Agreement (Amazon Com Inc)

Holder. For purposes of this Section 77(c), the term "Holder" means any person or entity owning 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 7(b) have been duly assigned in accordance with this Agreement.144

Appears in 1 contract

Samples: Stock Purchase and Investor Rights Agreement (Quepasa Com Inc)

Holder. For purposes of this Section 7, the The term "Holder" means any person (i) owning of record (A) the Warrant or (B) Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act or any permitted and (ii) if such person is not _______, then who is an assignee of record of such Warrant or Registrable Securities to whom rights under this Section 7(b) Agreement have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Piggyback Registration Rights Agreement (Transmeta Corp)

Holder. For purposes of this Section 77.3, the term "Holder" means any person owning 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 7(b) 7.3 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (CMG Information Services Inc)

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Holder. For purposes of this Section 77.3, the term "Holder" ------ ------ means any person owning 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 7(b) 7.3 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (CMG Information Services Inc)

Holder. For purposes of this Section 7, the The term "Holder" means any person Person owning 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 7(b) have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Series B Preferred Stock and Warrant Purchase Agreement (Evans & Sutherland Computer Corp)

Holder. For purposes of this Section 7, the The term "Holder" means any person owning of record Registrable 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 7(b) 2 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Shareholder Agreement (Vuzix Corp)

Holder. For purposes of this Section 77(c), the term "Holder" means the Investor, or any person permitted assignee thereof, owning 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 7(b7(c) have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Gateway Co Inc)

Holder. For purposes of this Section 79, the term "Holder" means any person owning 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 7(b) have been duly assigned in accordance with this AgreementSecurities.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Intervu Inc)

Holder. For purposes of this Section 77(b), the term "Holder" means any person Person owning 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 7(b) have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Investment Agreement (Adept Technology Inc)

Holder. For purposes of this Section 7Agreement, the term "Holder" means any person owning of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 promulgated under the Securities Act an effective Registration Statement or any permitted assignee of record of such Registrable Securities to whom rights under this Section 7(b) 1 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Investor Rights Agreement (Amazon Com Inc)

Holder. For purposes of this Section 711, the term "Holder" means ” shall mean any person owning of record or having the rights to acquire 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 7(b) 11 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Shareholders Agreement (APRINOIA Therapeutics Inc.)

Holder. For purposes of this Section 71 and Section 2 hereof, the ------ term "Holder" means any person owning 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 7(b) 1 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Asymetrix Learning Systems Inc)

Holder. For purposes of this Section 7, the The term "Holder" means any person owning of record Registrable Securities that have not been sold to the public in a registered offering 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 7(b) 2 have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Resale Registration Rights Agreement (Sirenza Microdevices Inc)

Holder. For purposes of this Section 72, the term "Holder" means any person owning 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 7(b) have been duly assigned in accordance with this Agreement.pursuant

Appears in 1 contract

Samples: Investor Rights Agreement (Restoration Hardware Inc)

Holder. For purposes of this Section 7, the The term "Holder" means any person (i) owning 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 and (ii) if such person is not a Founder, then who is an assignee of record of such Registrable Securities to whom rights under this Section 7(b) Agreement have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Piggyback Registration Rights Agreement (Oncothyreon Inc.)

Holder. For purposes of this Section 7, the The term "Holder" means any person owning of record Registrable Securities that have not been sold to the public or pursuant to Rule 144 ("Rule 144") promulgated under the Securities Act of 1933, as amended (the "1933 Act") or any permitted assignee of record of such Registrable Securities to whom rights under this Section 7(b) Agreement have been duly assigned in accordance with this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Pearson Inc)

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