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Common use of Holding Period Clause in Contracts

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note may be tacked onto the holding period of the Exchange Securities, and the Company agrees not to take a position contrary to this Section 4.1.

Appears in 4 contracts

Samples: Securities Exchange Agreement (DraftDay Fantasy Sports, Inc.), Securities Exchange Agreement (MGT Capital Investments Inc), Securities Exchange Agreement (DraftDay Fantasy Sports, Inc.)

Holding Period. For the purposes of Rule 144144 of the Securities Act, the Company acknowledges that the holding period of the Note Exchange Security may be tacked onto on the holding period of the Exchange SecuritiesNote, and the Company agrees not to take a position contrary to this Section 4.16.

Appears in 4 contracts

Samples: Exchange Agreement (Rocky Mountain High Brands, Inc.), Exchange Agreement (Rocky Mountain High Brands, Inc.), Exchange Agreement (Rocky Mountain High Brands, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that under current regulations, the holding period of the Note Conversion Shares may be tacked onto the holding period of the Exchange Securities, Notes (unless the holder thereof is an affiliate of the Company) and the Company agrees not to take a position contrary to this Section 4.14(p).

Appears in 3 contracts

Samples: Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period 144 of the Note may be tacked onto the holding period of the Exchange SecuritiesSecurities Act, and the Company agrees not to take a position contrary to this Section 4.1the Creditor’s position that the holding period of the Exchange Shares may be tacked on the holding period of the Existing Debt.

Appears in 3 contracts

Samples: Exchange Agreement (Nuburu, Inc.), Exchange Agreement (Nuburu, Inc.), Master Exchange Agreement (DPW Holdings, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period 144 of the Note may be tacked onto the holding period of the Exchange SecuritiesSecurities Act, and the Company agrees not to take a position contrary to this Section 4.1the Creditor’s position that the holding the holding period of the Exchange Shares may be tacked on the holding period of the Existing Debt.

Appears in 3 contracts

Samples: Master Exchange Agreement (Lm Funding America, Inc.), Master Exchange Agreement (Uranium Resources Inc /De/), Master Exchange Agreement (Uranium Resources Inc /De/)

Holding Period. For the purposes of Rule 144144 of the Securities Act, the Company acknowledges that the holding period of the Note Exchange Securities may be tacked onto on the holding period of the Exchange Securities, and the Company agrees not to take a position contrary to this Section 4.16.

Appears in 2 contracts

Samples: Exchange Agreement (AMEDICA Corp), Exchange Agreement (Intercloud Systems, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note Conversion Shares, may be tacked onto the holding period of the Exchange Securities, Notes and the Company agrees not to take a position contrary to this Section 4.14(p).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (NGAS Resources Inc)

Holding Period. For Notwithstanding anything else to the foregoing, for the purposes of Rule 144, the Company acknowledges that the holding period of the Note may be tacked onto the holding period of each of the Exchange SecuritiesShares and the Warrants, and the Company agrees not to take a position contrary to this Section 4.16.3. The Company agrees to take all actions, including, without limitation, obtaining customary legal opinions necessary to comply with the foregoing.

Appears in 2 contracts

Samples: Note Exchange Agreement, Note Exchange Agreement (Intellinetics, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note Shares may be tacked onto the holding period of the Exchange SecuritiesWarrants, and the Company agrees not to take a position contrary to this Section 4.13(c).

Appears in 2 contracts

Samples: Exchange Agreement (XpresSpa Group, Inc.), Exchange Agreement (XpresSpa Group, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the Holder’s holding period of the Note Notes may be tacked onto the holding period of the Exchange SecuritiesShares, and the Company agrees not to take a position contrary to this Section 4.15.1.

Appears in 2 contracts

Samples: Exchange Agreement (Cinedigm Corp.), Exchange Agreement (Cinedigm Corp.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Exchange Note may be tacked onto the holding period of the Exchange SecuritiesExisting Note, and the Company agrees not to take a position contrary to this Section 4.17.

Appears in 2 contracts

Samples: Amendment and Exchange Agreement, Amendment and Exchange Agreement (Helios & Matheson Analytics Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note Existing Securities may be tacked onto the holding period of each of the Exchange Exchanged Securities, and the Company agrees not to take a position contrary to this Section 4.14.3. The Company agrees to take all actions, including, without limitation, obtaining customary legal opinions necessary to comply with the foregoing.

Appears in 2 contracts

Samples: Amendment, Waiver and Exchange Agreement (WPCS International Inc), Amendment, Waiver and Exchange Agreement (WPCS International Inc)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the Holder’s holding period of the Note Notes may be tacked onto the holding period of the Exchange SecuritiesShares, and the Company agrees not to take a position contrary to this Section 4.16.1.

Appears in 2 contracts

Samples: Exchange Agreement (Cinedigm Corp.), Exchange Agreement (Cinedigm Corp.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of (i) the Note Exchange Shares may be tacked onto the holding period of the Series A Note and Series B Note and (ii) the Exchange SecuritiesWarrant may be tacked onto the holding period of the Warrant, and the Company agrees not to take a position contrary to this Section 4.14.4. The Company agrees to take all actions, including, without limitation, the issuance by its legal counsel of any necessary legal opinions, necessary to comply with the foregoing.

Appears in 2 contracts

Samples: Amendment and Exchange Agreement (Worlds Inc), Amendment and Exchange Agreement (Worlds Inc)

Holding Period. For the purposes of Rule 144144 of the Securities Act, the Company acknowledges that the holding period of the Note Exchange Securities may be tacked onto on the holding period of the Exchange Original Securities, and the Company agrees not to take a position contrary to this Section 4.16.

Appears in 2 contracts

Samples: Exchange Agreement (NXT-Id, Inc.), Exchange Agreement (NXT-Id, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the New Note may be tacked onto the holding period of the Exchange SecuritiesExisting Note, and the Company agrees not to take a position contrary to this Section 4.15.

Appears in 1 contract

Samples: Amendment and Exchange Agreement (YayYo, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note Notes (including the corresponding Conversion Shares (as defined in the Notes)) may be tacked onto the holding period of the Exchange SecuritiesExisting Notes, as applicable, and the Company agrees not to take a position contrary to this Section 4.13(d).

Appears in 1 contract

Samples: Amendment and Exchange Agreement (Growlife, Inc.)

Holding Period. For the purposes of Rule 144144(d), the Company acknowledges that the holding period of the Note Shares and the New Notes may be tacked onto the holding period of the Exchange Securities, and the Notes. The Company agrees not to take a position contrary to this Section 4.14(f).

Appears in 1 contract

Samples: Exchange Agreement (Mercer International Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that it agrees with the Holder that the holding period of the Note Notes may be tacked onto on to the holding period of the Exchange SecuritiesShares, and the Company agrees not to take a any position contrary to this Section 4.13(d).

Appears in 1 contract

Samples: Exchange Agreement (MGT Capital Investments Inc)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the each Holder’s holding period of the Note Notes may be tacked onto the holding period of the Exchange Securities, and the Company agrees not to take a position contrary to this Section 4.15.1.

Appears in 1 contract

Samples: Exchange Agreement (Cinedigm Corp.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Amended Note may be tacked onto the holding period of the Exchange SecuritiesExisting Note and, and so long as the Company receives a legal opinion in a generally acceptable form in connection with a resale of the shares of Common Stock issuable upon conversion of the Amended Note in reliance upon Rule 144, the Company agrees not to take a position contrary to this Section 4.13(c).

Appears in 1 contract

Samples: Amendment Agreement (Ascendia Brands, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the Holder’s holding period of the Note Existing Notes may be tacked onto the holding period of the Exchange SecuritiesShares, and the Company agrees not to take a position contrary to this Section 4.16.

Appears in 1 contract

Samples: Exchange Agreement (Arrival)

Holding Period. For the purposes of Rule 144144 of the 1933 Act, the Company acknowledges that the holding period of the Holder Note may be tacked onto the holding period of the Exchange SecuritiesShares, and the Company agrees not to take a position contrary to this Section 4.17.2.

Appears in 1 contract

Samples: Exchange Agreement (Assure Holdings Corp.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of any of the Note Notes may be tacked onto the holding period of the Exchange Securities, and the Company agrees not to take a position contrary to this Section 4.1.

Appears in 1 contract

Samples: Securities Exchange Agreement (DraftDay Fantasy Sports, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the Holder’s holding period of the Note its Convertible Notes may be tacked onto the holding period of the Exchange SecuritiesShares and the Second Lien Notes, and the Company agrees not to take a position contrary to this Section 4.15.1.

Appears in 1 contract

Samples: Exchange Agreement (Cinedigm Corp.)

Holding Period. For the purposes of Rule 144144 of the Securities Act, the Company acknowledges that the holding period of the Note Exchange Notes may be tacked onto on the holding period of the Exchange Original Securities, and the Company agrees not to take a position contrary to this Section 4.16.

Appears in 1 contract

Samples: Exchange Agreement (Intercloud Systems, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note Notes (including the corresponding Conversion Shares) may be tacked onto the holding period of the Exchange SecuritiesExisting Notes, and the Company agrees not to take a position contrary to this Section 4.13(d).

Appears in 1 contract

Samples: Amendment and Exchange Agreement (AtheroNova Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the each Holder’s holding period of the Note Notes may be tacked onto the holding period of the Exchange SecuritiesShares, and the Company agrees not to take a position contrary to this Section 4.16.1.

Appears in 1 contract

Samples: Exchange Agreement (Cinedigm Corp.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of (i) the Note Remaining Debenture may be tacked onto the holding period of each of the Exchange SecuritiesShares and the Exchange Warrant, and the Company agrees not to take a position contrary to this Section 4.14.3. The Company agrees to take all actions, including, without limitation, obtaining customary legal opinions necessary to comply with the foregoing.

Appears in 1 contract

Samples: Amendment and Exchange Agreement (Stereotaxis, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note Series H Exchange Shares may be tacked onto the holding period of each of the Exchange SecuritiesExisting Note, and the Company agrees not to take a position contrary to this Section 4.15.2.

Appears in 1 contract

Samples: Amendment, Waiver and Exchange Agreement (WPCS International Inc)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the each Holder’s holding period of the Note its Convertible Notes may be tacked onto the holding period of the Exchange SecuritiesShares, and the Company agrees not to take a position contrary to this Section 4.15.1.

Appears in 1 contract

Samples: Exchange Agreement (Cinedigm Corp.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Exchange Note may be tacked onto on the holding period of each of the Exchange SecuritiesOriginal Notes, and the Company agrees not to take a position contrary to this Section 4.16.

Appears in 1 contract

Samples: Exchange Agreement (Spectrum Global Solutions, Inc.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the each Holder’s holding period of the Note Notes may be tacked onto the holding period of the Exchange SecuritiesShares received by such Holder, and the Company agrees not to take a position contrary to this Section 4.15.1.

Appears in 1 contract

Samples: Exchange Agreement (Cinedigm Corp.)

Holding Period. For the purposes of Rule 144, the Company acknowledges that the holding period of the Note Exchange Securities and Underlying Shares may be tacked onto the holding period of the Exchange SecuritiesNote, and the Company agrees not to take a position contrary to this Section 4.13(d).

Appears in 1 contract

Samples: Exchange Agreement (ShiftPixy, Inc.)

Holding Period. For the purposes of Rule 144144 of the Securities Act, the Company acknowledges that the holding period of the Note Preferred Stock may be tacked onto on the holding period of the Exchange SecuritiesNotes, and the Company agrees not to take a position contrary to this Section 4.16.

Appears in 1 contract

Samples: Exchange Agreement (VNUE, Inc.)