Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 41 contracts
Samples: Common Stock Purchase Agreement (Thunder Power Holdings, Inc.), Chef Purchase Agreement (Senti Biosciences, Inc.), Chef Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents this Agreement and the application of the proceeds from the sale of the Shares as will be set forth in the Base Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 26 contracts
Samples: Common Stock Purchase Agreement (Globalstar, Inc.), Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (EnteroMedics Inc)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be required to be registered as, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 25 contracts
Samples: Common Stock Purchase Agreement (Humanigen, Inc), Common Stock Purchase Agreement (Bio Key International Inc), Common Stock Purchase Agreement (Amyris, Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any the Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be required to be registered as, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 23 contracts
Samples: Share Purchase Agreement (TurnOnGreen, Inc.), Share Purchase Agreement (Highest Performances Holdings Inc.), Share Purchase Agreement (FibroBiologics Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be required to register as an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 21 contracts
Samples: Common Stock Purchase Agreement (Stardust Power Inc.), Common Stock Purchase Agreement (GCT Semiconductor Holding, Inc.), Common Stock Purchase Agreement (MultiSensor AI Holdings, Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 20 contracts
Samples: Investment Agreement (Li3 Energy, Inc.), Investment Agreement (Blue Sphere Corp.), Investment Agreement (Dynamic Ventures Corp.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (TradeUP Acquisition Corp.), Share Purchase Agreement (Moolec Science SA), Share Purchase Agreement (Moolec Science SA)
Investment Company Act Status. The Company is not, and as a result immediately after giving effect to the sale of the consummation of the transactions contemplated by the Transaction Documents Shares in accordance with this Agreement and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company Agreement, will not be be, required to register as an “investment company” within the meaning of as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (MMTec, Inc.), Common Stock Purchase Agreement (MMTec, Inc.), Common Stock Purchase Agreement (Nikola Corp)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents this Agreement and the application of the proceeds from the sale of the Shares as will be set forth in the Base Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be be, an “"investment company” " or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents this Agreement and the application of the proceeds from the sale of the Put Shares as will be set forth in the Base Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Investment Agreement (Terra Tech Corp.), Investment Agreement (Alphatec Holdings, Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents this Agreement and the application of the proceeds from the sale of the Shares as will be set forth in the Base Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Brazil Minerals, Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be be, an “investment company” or a company “controlled” by an “investment company , ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares ADSs as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Lotus Technology Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended. Section 5.29.
Appears in 1 contract
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be be, required to register as an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents Agreement and the application of the proceeds from the sale of the Shares Common Stock as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Soundhound Ai, Inc.
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement Agreement, the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Ordinary Share Purchase Agreement (TH International LTD)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.Company
Appears in 1 contract
Samples: Share Purchase Agreement (Arrival)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be required to register as an “investment company” within the meaning of the Investment Company Act of 1940, as amendedAct.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Alpha Healthcare Acquisition Corp Iii)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be or is, as applicable, set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Biotech Acquisition Co)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares Securities as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Inspire Veterinary Partners, Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any and/or a Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement Agreement, the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Ordinary Shares Purchase Agreement (Pivotal Holdings Corp)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents this Agreement and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any other Prospectus Supplement thereto filed pursuant to Section 1.3 or other Commission Document incorporated by reference in the Registration Rights Agreement the Company will Statement and any other Prospectus Supplement, shall not be be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Spectaire Holdings Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended..
Appears in 1 contract
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents this Agreement and the application of the proceeds from the sale of the Shares as will be set forth in the Base Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be required to be registered as an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will not be required to register as an “investment company” within the meaning of the Investment Company Act of 1940, as amended. Section 5.24.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Greenidge Generation Holdings Inc.)
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement Agreement, the Company will not be required to register as an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Sky Harbour Group Corp)
Investment Company Act Status. The Company is notnot and, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will shall be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement Agreement, the Company will not shall not, be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares as will be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights this Agreement the Company will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Shares Purchase Agreement (Roivant Sciences Ltd.)
Investment Company Act Status. The Company is not, and as a result will not be, either after giving effect to the receipt of gross proceeds from the offering and sale of the consummation of the transactions Placement Shares as contemplated by the Transaction Documents and this Agreement or after the application of the proceeds from the sale of the Shares thereof as will be set forth described in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant the Prospectus, required to the Registration Rights Agreement the Company will not be register as an “investment company” within as such term is defined in the meaning of the U.S. Investment Company Act of 1940, as amendedamended (the “Investment Company Act”).
Appears in 1 contract
Samples: Bitdeer Technologies Group
Investment Company Act Status. The Company is notnot and, and as a result of the consummation of the transactions contemplated by the Transaction Documents and the application of the proceeds from the sale of the Shares Securities as will shall be set forth in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement Agreement, the Company will not shall not, be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Interactive Strength, Inc.)
Investment Company Act Status. The Company is not, and as a result will not be, either after giving effect to the receipt of the consummation of the transactions contemplated by the Transaction Documents and the application of the gross proceeds from the offering and sale of the Placement Shares as will be set forth contemplated by this Agreement or after the application thereof as described in the Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant the Prospectus, required to the Registration Rights Agreement the Company will not be register as an “investment company” within as such term is defined in the meaning of the U.S. Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Iris Energy LTD
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by this Agreement and the Transaction Documents Warrants and the application of the proceeds from the sale of the Shares and any proceeds that may be received upon any cash exercise of the Warrants as will be set forth in the Base Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act Status. The Company is not, and as a result of the consummation of the transactions contemplated by the Transaction Documents this Agreement and the application of the proceeds from the sale of the Shares as will be set forth in the Base Prospectus included in any Registration Statement (and any post-effective amendment thereto) and any Prospectus Supplement thereto filed pursuant to the Registration Rights Agreement the Company will shall not be required to be registered as, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
