Common use of Investment Company Status Clause in Contracts

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 478 contracts

Samples: Securities Purchase Agreement (Aditxt, Inc.), Securities Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (ECD Automotive Design, Inc.)

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Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 141 contracts

Samples: Securities Purchase Agreement (Canoo Inc.), Note Purchase Agreement (Nexien Biopharma, Inc.), Securities Purchase Agreement (Canoo Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 58 contracts

Samples: Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc)

Investment Company Status. The Company is not, not and upon consummation of the sale of the Securities will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 40 contracts

Samples: Securities Purchase Agreement (Isonics Corp), Securities Purchase Agreement (Daisytek International Corporation /De/), Securities Purchase Agreement (Endocardial Solutions Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” ”, or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 22 contracts

Samples: Securities Purchase Agreement (Information Services Group Inc.), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of transactions contemplated by the Securities Transaction Documents will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated personPerson” of, or “promoter” or “principal underwriter” forof, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 22 contracts

Samples: Subordinated Note Purchase Agreement (Tectonic Financial, Inc.), Subordinated Note Purchase Agreement (Citizens Community Bancorp Inc.), Subordinated Note Purchase Agreement (Southern National Bancorp of Virginia Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long any Buyer holds any Securities, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 17 contracts

Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Digital Ally Inc)

Investment Company Status. The Company is not, and upon consummation immediately after receipt of payment for the sale of the Securities Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” for or “principal underwriter” for, or an entity “controlled” by an “investment company,as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended, or the rules and regulations promulgated thereunder.

Appears in 16 contracts

Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities and the application of the proceeds thereof, will not be, an “investment company,” an affiliate of an “investment company,” or a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are term is defined in the Investment Company Act of 1940, as amended.

Appears in 15 contracts

Samples: Voting Agreement (Velo3D, Inc.), Securities Purchase Agreement (Bionano Genomics, Inc.), Securities Purchase Agreement (AMERICAN BATTERY TECHNOLOGY Co)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long any Buyer holds any Securities, will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Net Element, Inc.), Securities Purchase Agreement (Net Element, Inc.), Securities Purchase Agreement (Net Element, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities transactions contemplated by this Agreement will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated personPerson” of, or “promoter” or “principal underwriter” forof, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 14 contracts

Samples: Stock Purchase Agreement (Professional Holding Corp.), Stock Purchase Agreement (Professional Holding Corp.), Subscription Agreement (Broadway Financial Corp \De\)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an "investment company," an affiliate of an "investment company," a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 13 contracts

Samples: And Exchange Agreement, Amendment and Exchange Agreement (Interpace Diagnostics Group, Inc.), Exchange Agreement (Interpace Diagnostics Group, Inc.)

Investment Company Status. The Company is not, and upon consummation immediately after receipt of payment for the sale of the Securities Acquired Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” for or “principal underwriter” for, or an entity “controlled” by an “investment company,as such terms are defined in within the meaning of the Investment Company Act of 1940, as amendedAct.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.)

Investment Company Status. The Company is not, not and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of be an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 12 contracts

Samples: Subscription Agreement (Point Therapeutics Inc), Securities Purchase Agreement (Dyntek Inc), Securities Purchase Agreement (Targeted Genetics Corp /Wa/)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate Affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Neurotrope, Inc.), Securities Purchase Agreement (Neurotrope, Inc.), Securities Purchase Agreement (Tapimmune Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 10 contracts

Samples: Securities Purchase Agreement (ARJ Consulting, LLC), Securities Purchase Agreement (Verus International, Inc.), Purchase Agreement (Oncobiologics, Inc.)

Investment Company Status. The Company is not, and upon consummation immediately after receipt of the sale of payment for the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” for or “principal underwriter” for, or an entity “controlled” by an “investment company,as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended.

Appears in 10 contracts

Samples: Restricted Stock and Warrant Purchase Agreement (Net TALK.COM, Inc.), Securities Purchase Agreement (Net TALK.COM, Inc.), Securities Purchase Agreement (OptimizeRx Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” or a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are term is defined in the Investment Company Act of 1940, as amended.

Appears in 9 contracts

Samples: Note and Warrant Purchase Agreement (Odyssey Marine Exploration Inc), Note and Warrant Purchase Agreement (Odyssey Marine Exploration Inc), Subscription Agreement (Odyssey Marine Exploration Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” or, to the knowledge of the Company, an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Movano Inc.), Securities Purchase Agreement (Movano Inc.), Securities Purchase Agreement (TFF Pharmaceuticals, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the United States Investment Company Act of 1940, as amended.

Appears in 9 contracts

Samples: Purchase Agreement (SRIVARU Holding LTD), Purchase Agreement (Alpine 4 Holdings, Inc.), Debenture Purchase Agreement (Remark Holdings, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are term is defined in the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Tellurian Inc. /De/), Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.), Form of Securities Purchase Agreement (Ampio Pharmaceuticals, Inc.)

Investment Company Status. The Company Corporation is notnot and, and upon consummation issuance of this Warrant or the sale of the Securities Warrant Shares, will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: General Datacomm Industries Inc, General Datacomm Industries Inc, Modlin Howard S

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities transactions contemplated hereunder will not be, an “investment company,” an affiliate of an “investment company,” , “ a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: Exchange Agreement (Vinco Ventures, Inc.), Warrant Exercise Agreement (Vinco Ventures, Inc.), Warrant Exercise Agreement (Vinco Ventures, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Common Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: Common Stock and Common Warrant Subscription Agreement (Canoo Inc.), Common Stock and Common Warrant Subscription Agreement (Aquila Tony), Common Stock Subscription Agreement (Canoo Inc.)

Investment Company Status. The Company is not, and upon the consummation of the sale of the Securities transactions contemplated by this Agreement will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: Settlement Agreement (Vape Holdings, Inc.), Settlement Agreement (Vape Holdings, Inc.), Exchange Agreement (Freeseas Inc.)

Investment Company Status. The Company is not, and upon consummation immediately after receipt of the sale of payment for the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” for or “principal underwriter” for, or an entity “controlled” by an “investment company,as such terms are defined in within the meaning of the Investment Company Act of 1940, as amendedAct.

Appears in 7 contracts

Samples: Securities Purchase Agreement (MDwerks, Inc.), Securities Purchase Agreement (Andover Medical, Inc.), Securities Purchase Agreement (Andover Medical, Inc.)

Investment Company Status. The Company is not, and upon consummation immediately after receipt of the sale of payment for the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” for or “principal underwriter” for, or an entity “controlled” by an “investment company,as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended, or the rules and regulations promulgated thereunder.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Pfsweb Inc), Securities Purchase Agreement (Amyris, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Note will not be, an "investment company," an affiliate of an "investment company," a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 6 contracts

Samples: Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Contemplated Transactions will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated personPerson” of, or “promoter” or “principal underwriter” forof, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Business First Bancshares, Inc.), Subordinated Note Purchase Agreement (Business First Bancshares, Inc.), Subordinated Note Purchase Agreement (First Western Financial Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of transactions contemplated by the Securities Transaction Documents will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” forof, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Atlantic Capital Bancshares, Inc.), Stock Purchase Agreement (First Security Group Inc/Tn), Investment Agreement (Hampton Roads Bankshares Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Purchased Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” ”, or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Note will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Common Stock will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Common Stock Underwriting Agreement (Axonyx Inc), Common Stock Purchase Agreement (Centura Software Corp), Common Stock Underwriting Agreement (Onyx Software Corp/Wa)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Loan Agreement (Spectrx Inc), Loan Agreement (Spectrx Inc), Note Purchase Agreement by And (Guided Therapeutics Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities transactions contemplated hereunder will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Second Amendment Agreement (Cryptyde, Inc.), Exchange and Amendment Agreement (Vinco Ventures, Inc.), Warrant Exercise Agreement (Vinco Ventures, Inc.)

Investment Company Status. The Company company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Artemis International Solutions Corp), Securities Purchase Agreement (Integrated Biopharma Inc), Securities Purchase Agreement (I2 Telecom International Inc)

Investment Company Status. The Company is not, not and upon consummation ------------------------- of the sale of the Securities will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Aksys LTD), Securities Purchase Agreement (Greater Bay Bancorp), Securities Purchase Agreement (Greater Bay Bancorp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Exchange Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

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

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not bebe required to register as, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Form of Securities Purchase Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Purchased Shares will not be, an "investment company," an affiliate of an "investment company," a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (STRATA Skin Sciences, Inc.), Securities Purchase Agreement (STRATA Skin Sciences, Inc.), Securities Purchase Agreement (STRATA Skin Sciences, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Convertible Preferred Stock or the Preferred Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Investment Agreement (Guaranty Financial Group Inc.), Investment Agreement (Guaranty Financial Group Inc.), Investment Agreement (Guaranty Financial Group Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Exchange will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Exchange Agreement (Box Ships Inc.), Exchange Agreement (Box Ships Inc.), Exchange Agreement (Paragon Shipping Inc.)

Investment Company Status. The Company is not, not and upon --------------------------- consummation of the sale of the Securities will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Da Consulting Group Inc), Securities Purchase Agreement (Nanopierce Technologies Inc), Securities Purchase Agreement (Da Consulting Group Inc)

Investment Company Status. The Company It is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Receivables Financing Agreement (United Pan Am Financial Corp), Receivables Financing Agreement (United Pan Am Financial Corp), Receivables Financing Agreement (Compucredit Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long as any Buyer holds any Securities, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Unit Purchase Agreement (Bonds.com Group, Inc.), Unit Purchase Agreement (Bonds.com Group, Inc.), Unit Purchase Agreement (Bonds.com Group, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Equity Line Purchase Agreement (Endonovo Therapeutics, Inc.), Equity Line Purchase Agreement (BTCS Inc.), Common Stock Purchase Agreement (Cinedigm Digital Cinema Corp.)

Investment Company Status. The Company is not, and upon consummation of the sale exchange and issuance of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Exchange Agreement (Workstream Inc), Exchange Agreement (Workstream Inc), 2010 Exchange and Share Purchase Agreement (Workstream Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Taronis Technologies, Inc.), Securities Purchase Agreement (Magnegas Applied Technology Solutions, Inc.), Securities Purchase Agreement (Magnegas Applied Technology Solutions, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Cellect Biotechnology Ltd.), Securities Purchase Agreement (Histogenics Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” or, to the knowledge of the Company, an affiliate of an “investment company,” a company controlled by an “investment company” . or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Atomera Inc), Securities Purchase Agreement (Mears Technologies Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities New Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Aradigm Corp)

Investment Company Status. The Neither the Company is notnor any of its subsidiaries is, and upon consummation of the sale of the Securities Shares will not be, and currently does not intend to become, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.)

Investment Company Status. The Neither the Company is notnor any of its Subsidiaries is, and upon consummation of the sale of the Securities will not be, an "investment company," an affiliate of an "investment company," a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Can-Fite BioPharma Ltd.), Securities Purchase Agreement (LabStyle Innovations Corp.)

Investment Company Status. The Company is not, not and ------------------------- upon consummation of the sale of the Securities will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lasersight Inc /De), Securities Purchase Agreement (Lasersight Inc /De)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long the Investor holds any Securities, will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Purchase Shares will not be, an “investment company,an and affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an and “investment company” as within the meaning of such terms are defined in term under the Investment Company Act of 1940, as amended, and the rules and regulations of the SEC thereunder.

Appears in 2 contracts

Samples: Share Purchase Agreement (Camtek LTD), Share Purchase Agreement (Camtek LTD)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.. (bb)

Appears in 2 contracts

Samples: Securities Purchase Agreement (Wentworth Energy, Inc.), Securities Purchase Agreement (Wentworth Energy, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Offered Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (RedHill Biopharma Ltd.), Securities Purchase Agreement (RedHill Biopharma Ltd.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Units will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (National Holdings Corp), Securities Purchase Agreement (National Holdings Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Notes will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fisker Inc./De), Note Purchase Agreement (National Holdings Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Purchased Shares will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Thomas Properties Group Inc), Stock Purchase Agreement (Primus Telecommunications Group Inc)

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Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long as any Buyer holds any Securities, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amendedamended (the “Investment Company Act”). To the Company’s knowledge, the Company is not controlled by an “investment company,” as defined in the Investment Company Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Eyenovia, Inc.), Registration Rights Agreement (Ardsley Advisory Partners)

Investment Company Status. The Company is notnot and, and upon consummation issuance of this Warrant or the sale of the Securities Warrant Shares, will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Source Interlink Companies Inc, Source Interlink Companies Inc

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Acurx Pharmaceuticals, LLC), Securities Purchase Agreement (Adcare Health Systems Inc)

Investment Company Status. The Company is not, and upon consummation of the sale exchange of the New Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Warrant Exercise Agreement (Sundial Growers Inc.), Letter Agreement (Plug Power Inc)

Investment Company Status. The Company is not, not and upon on consummation of ------------------------- the sale of transaction contemplated hereby the Securities Company will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Constellation 3d Inc), Securities Purchase Agreement (Constellation 3d Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long as the Buyer holds any Securities, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Bonds.com Group, Inc.), Unit Purchase Agreement (Bonds.com Group, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.. (ee)

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fisker Inc./De), Execution Copy Securities Purchase Agreement (Phunware, Inc.)

Investment Company Status. The Company is notNeither of the Companies is, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (ABX Holdings, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities transactions contemplated by this Agreement will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated personPerson” of, or “promoter” or “principal underwriter” forof, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amendedAct.

Appears in 1 contract

Samples: Investment Agreement (United Western Bancorp Inc)

Investment Company Status. The Company is not, and upon consummation of the sale issuance and exchange of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Exchange Agreement (Nutracea)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Notes will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Purchase Agreement Purchase Agreement (Kv Pharmaceutical Co /De/)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.. ​

Appears in 1 contract

Samples: Securities Purchase Agreement (Mullen Automotive Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Shares, and for so long as any Holder holds any Shares, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Exchange Agreement (Bonds.com Group, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Purchased Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cogentix Medical Inc /De/)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Share Issuance and Sale will not be, an “investment company,” an and affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an and “investment company” as within the meaning of such terms are defined in term under the Investment Company Act of 1940, as amended, and the rules and regulations of the SEC thereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Professional Diversity Network, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities transactions contemplated by this Agreement will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated personPerson” of, or “promoter” or “principal underwriter” forof, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.. EXHIBIT 10.1

Appears in 1 contract

Samples: Subscription Agreement (CommunityOne Bancorp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mission Community Bancorp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Exchange, if any, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Form of Exchange Agreement (Metalico Inc)

Investment Company Status. The Company is not, and upon --------------------------- consummation of the sale of the Securities will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Exchange Agreement (Charys Holding Co Inc)

Investment Company Status. The Company is not, not and upon consummation of ------------------------- the sale of the Securities Shares will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Investment Agreement (Advanced Tissue Sciences Inc)

Investment Company Status. The Company is not, not and upon ------------------------- consummation of the sale of the Securities will not be, be an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aksys LTD)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Shares will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Classica Group Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Convertible Notes and the Units will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (National Holdings Corp)

Investment Company Status. The Company is not, and upon consummation of the sale issuance of the New Securities will not be, required to register as an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aradigm Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities, and for so long as Buyer holds any Securities and as long as Buyer is not an investment company or affiliate of an investment company, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Quest Patent Research Corp)

Investment Company Status. The Company is notnot and, and upon consummation issuance of this Warrant or the sale of the Securities Warrant Shares, will not be, an “investment company,” an affiliate of be an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Cybex International Inc

Investment Company Status. The Company is not, and upon consummation of the sale of transactions contemplated by this Purchase Agreement and the Securities Subordinated Notes will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person” Person" of, or "promoter" or "principal underwriter” for" of, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Note Purchase Agreement (Bankwell Financial Group, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Share Purchase Agreement (Aratana Therapeutics, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long as any Buyer holds any Securities, will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (China XD Plastics Co LTD)

Investment Company Status. The Company is not, and upon consummation of the issuance and sale of the Securities Subordinated Notes will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated personPerson” of, or “promoter” or “principal underwriter” forof, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Investar Holding Corp)

Investment Company Status. The Company is not, not and upon consummation of the sale of the Offered Securities will not be, an “investment company,” an affiliate of be an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Icop Digital, Inc)

Investment Company Status. The Company is not, and upon consummation of the sale exchange and issuance of the Securities Holder Exchanged Shares will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: 2010 Exchange Agreement (Magnetar Financial LLC)

Investment Company Status. The Company is not, not and upon consummation of the sale of the Securities Shares will not be, an “investment company,” an affiliate of be an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Stock Purchase Agreement (Onyx Pharmaceuticals Inc)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” " as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (CSK Auto Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company,” an affiliate Affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated Affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase (NetBrands Corp.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities Securities, and for so long any Purchaser holds any Securities, will not be, an “investment company,” an affiliate of an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Note and Warrant Purchase and Security Agreement (Broadcast International Inc)

Investment Company Status. The Company is notnot and, and upon consummation issuance of the sale of Warrants or the Securities Warrant Shares, will not be, an “investment company,” an affiliate of be an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Warrantholder Rights Agreement (Proliance International, Inc.)

Investment Company Status. The Company is not, and upon consummation of the sale of the Securities will not be, an "investment company,” an affiliate of an “investment company,” " a company controlled by an "investment company" or an "affiliated person" of, or "promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended." or

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Atc Healthcare Inc /De/)

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