Common use of Limited Ownership Clause in Contracts

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it at the Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Cti Industries Corp), Securities Purchase Agreement (Arno Therapeutics, Inc), Securities Purchase Agreement (Nephros Inc)

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Limited Ownership. The purchase by such Purchaser Investor of the Securities issuable to it at the Closing will not result in such Purchaser Investor (individually or together with any other Person with whom such Purchaser Investor has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Drugmax Inc), Securities Purchase Agreement (Ampal-American Israel Corp), Securities Purchase Agreement (Index Oil & Gas Inc.)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it each Purchaser at the Closing will not result in such Purchaser (individually or together with any other Person person or entity with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 8 contracts

Samples: Common Stock and Warrant Purchase Agreement (Pacific Grove Capital LP), Common Stock and Warrant Purchase Agreement (Monaker Group, Inc.), Common Stock Purchase Agreement (Fusion Telecommunications International Inc)

Limited Ownership. The purchase by such Purchaser Buyer of the Securities issuable to it at the Closing will not result in such Purchaser Buyer or in the aggregate with other Buyers (individually or together with other Person Persons with whom such Purchaser Buyer has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission SEC involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Buyer does not presently intend to, alone or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 5 contracts

Samples: Securities Purchase Agreement (House of Taylor Jewelry, Inc.), Securities Purchase Agreement (MFC Development Corp), Securities Purchase Agreement (Pure Vanilla Exchange Inc)

Limited Ownership. The purchase by such Purchaser of the Securities Shares issuable to it each Purchaser at the Closing will not result in such Purchaser (individually or together with any other Person person or entity with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 5 contracts

Samples: Common Stock Purchase Agreement (HyreCar Inc.), Common Stock Purchase Agreement (Mattersight Corp), Common Stock Purchase Agreement (Mattersight Corp)

Limited Ownership. The purchase by such Purchaser Subscriber of the Securities Note and Warrant issuable to it at the Closing will not result in such Purchaser Subscriber (individually or together with other Person with whom such Purchaser Subscriber has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Subscriber does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 5 contracts

Samples: Subscription Agreement (Comprehensive Healthcare Solutions Inc), Subscription Agreement (Globetel Communications Corp), Subscription Agreement (Globetel Communications Corp)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it at the Closing will not result in such Purchaser (individually or together with any other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 3 contracts

Samples: Securities Purchase Agreement (China Bak Battery Inc), Securities Purchase Agreement (China Security & Surveillance Technology, Inc.), Securities Purchase Agreement (China Security & Surveillance Technology, Inc.)

Limited Ownership. The purchase by such Purchaser of the Securities Shares issuable to it at the Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Nephros Inc), Stock Purchase Agreement (Arno Therapeutics, Inc), Securities Purchase Agreement (Jones Soda Co)

Limited Ownership. The purchase by such Purchaser Investor of the Securities Shares and Warrants issuable to it at the Closing will not result in such Purchaser Investor (individually or together with any other Person with whom such Purchaser Investor has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)

Limited Ownership. The purchase by such Purchaser of the Securities Units issuable to it each Purchaser at the Closing will not result in such Purchaser (individually or together with any other Person person or entity with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Vertex Energy Inc.), Unit Purchase Agreement (Vertex Energy Inc.)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it at the Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Navarre Corp /Mn/), Securities Purchase Agreement (Navarre Corp /Mn/)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it each Purchaser at the final Closing will not result in such Purchaser (individually or together with any other Person person or entity with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (Magnegas Corp), Common Stock and Warrant Purchase Agreement (Magnegas Corp)

Limited Ownership. The purchase by such Purchaser Buyer of the Securities issuable to it at the Closing will not result in such Purchaser Buyer or in the aggregate with other Buyers (individually or together with other Person Persons with whom such Purchaser Buyer has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Buyer does not presently intend to, alone or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vcampus Corp)

Limited Ownership. The purchase by such Purchaser of the Securities Shares issuable to it each Purchaser at the Closing will not result in such Purchaser (individually or together with any other Person person or entity with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.999.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.999.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Smith Micro Software Inc)

Limited Ownership. The purchase by such Purchaser Buyer of the Securities issuable to it at the Closing will not result in such Purchaser Buyer (individually or together with other Person Persons with whom such Purchaser Buyer has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission SEC involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser Buyer does not presently intend to, alone or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nesco Industries Inc)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it each Purchaser at the Closing will not result in such Purchaser (individually or together with any other Person person or entity with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have has occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have has occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Arq, Inc.)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it at the each Closing will not immediately upon such Closing result in such Purchaser (individually or together with other Person Persons with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) ), acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the such Closing shall have occurred. Such Purchaser does not presently currently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the a Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the such Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Imcor Pharmaceutical Co)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it at the Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ultimate Software Group Inc)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it each Purchaser at the Closing will not result in such Purchaser (individually or together with any other Person person or entity with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9914.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9914.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Research Frontiers Incorporated (Research Frontiers Inc)

Limited Ownership. The purchase by such Purchaser Investor of the Securities Shares and Warrants issuable to it at the Closing will not result in such Purchaser Investor (individually or together with any of its Affiliates or any other Person which may be deemed to be acting as a group in concert with whom such Purchaser has identified, Investor or will have identified, itself as part any of a “group” in a public filing made with its Affiliates for the Commission involving purposes of Section 13(d) of the Company’s securities0000 Xxx) acquiring, or obtaining the right to acquire, in excess of 19.994.9% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.994.9% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor is not an officer, director, or to its knowledge an Affiliate of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rainmaker Systems Inc)

Limited Ownership. The purchase by such Purchaser Buyer of the Securities issuable to it at the Closing will not result in such Purchaser Buyer (individually or together with any other Person person with whom such Purchaser Buyer has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission (as defined below) involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Buyer does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Richardson Electronics LTD/De)

Limited Ownership. The purchase by such Purchaser Buyer of the Securities issuable to it at the any Closing will not result in such Purchaser Buyer or in the aggregate with other Buyers (individually or together with other Person Persons with whom such Purchaser Buyer has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission SEC involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Buyer does not presently intend to, alone or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Catuity Inc)

Limited Ownership. The purchase by such Purchaser Investor of the Securities issuable to it at the Closing Initial and Second Closings will not result in such Purchaser Investor (individually or together with any other Person with whom such Purchaser Investor has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the such Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the such Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the each Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Silverstar Holdings LTD)

Limited Ownership. The purchase by such Purchaser Buyer of the Securities issuable to it at the any Closing will not result in such Purchaser Buyer or in the aggregate with other Buyers (individually or together with other Person Persons with whom such Purchaser Buyer has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.994.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Buyer does not presently intend to, alone or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.994.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kentucky USA Energy, Inc.)

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Limited Ownership. The purchase by such Purchaser of the Securities issuable to it at the applicable Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.99% of the outstanding shares of Common Series E Preferred Stock or the voting power of the Company on a post transaction basis that assumes that the each Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing one or more Closings (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.99% of the outstanding shares of Common Series E Preferred Stock or the voting power of the Company on a post transaction basis that assumes that the each Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Predictive Oncology Inc.)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it by the Purchaser at the Closing will not result in such the Purchaser (individually or together with any other Person person or entity with whom such the Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such The Purchaser does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Fusion Connect, Inc.)

Limited Ownership. The purchase by such Purchaser Investor of the Securities Shares and Warrants issuable to it at the Closing will not result in such Purchaser Investor (individually or together with other Person with whom such Purchaser Investor has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Investor is not an officer, director, or to its knowledge an Affiliate of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Rainmaker Systems Inc)

Limited Ownership. The purchase by such Purchaser of the Securities Seller Shares issuable to it at the Closing will not result in such Purchaser (individually or together with other Person person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Purchaser is not an officer, director, or to its knowledge an affiliate (as that term is defined under the federal securities laws) of the Company.

Appears in 1 contract

Samples: Stock Purchase Agreement (Rainmaker Systems Inc)

Limited Ownership. The purchase by such Purchaser acquisition of the Securities Buyer Shares issuable to it the Members at the Closing as provided herein will not result in such Purchaser any Member (individually or together with any other Person person or entity with whom such Purchaser Member has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the CompanyBuyer’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Buyer Common Stock or the voting power of the Company Buyer on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser Each Member does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company Buyer that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Buyer Common Stock or the voting power of the Company Buyer on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Plan of Merger and Equity Purchase Agreement (Agrify Corp)

Limited Ownership. The purchase by such Purchaser of the Securities Warrant Shares issuable to it at each Investor upon exercise of the Closing Warrants will not result in such Purchaser Investor (individually or together with any other Person person or entity with whom such Purchaser Investor has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.999.99% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone along or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.999.99% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Smith Micro Software Inc)

Limited Ownership. The purchase by such Purchaser Investor of the Securities issuable to it at the Closing and any Warrant Shares will not result in such Purchaser Investor (individually or together with any other Person with whom such Purchaser Investor has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 19.999.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.999.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Sys)

Limited Ownership. The purchase by such Purchaser of the Securities Shares issuable to it at the Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall will have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall will have occurred.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nephros Inc)

Limited Ownership. The purchase by such Purchaser acquisition of the Securities Buyer Shares issuable to it each Owner at the Closing will not result in such Purchaser Owner (individually or together with any other Person person or entity with whom such Purchaser Owner has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the CompanyBuyer’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock common stock or the voting power of the Company Buyer on a post post-transaction basis that assumes that the Closing shall have occurred. Such Purchaser Owner does not presently intend to, alone along or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons or entities have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company Buyer that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock common stock or the voting power of the Company Buyer on a post post-transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Agrify Corp)

Limited Ownership. The purchase by such Purchaser of the Securities Shares in the form of Restricted ADSs issuable to it at the Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.99% of the outstanding shares of Common Stock Ordinary Shares or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.99% of the outstanding shares of Common Stock Ordinary Shares or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Edap TMS Sa)

Limited Ownership. The purchase by such the Purchaser of the Securities issuable to it at the Closing will not result in such Purchaser (individually or together with any other Person with whom such Purchaser has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pinnacle Data Systems Inc)

Limited Ownership. The purchase by such Purchaser Investor of the Securities issuable to it at the Closing will not result in such Purchaser Investor (individually or together with other Person Persons with whom such Purchaser Investor has identified, or will have identified, itself as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, beneficial ownership in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the such Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the such Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), beneficial ownership in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the Closing at issue shall have occurred.

Appears in 1 contract

Samples: Registration Rights Agreement (Bakers Footwear Group Inc)

Limited Ownership. The purchase by such Purchaser Investor of the Securities Shares and Warrants issuable to it at the Closing will not result in such Purchaser Investor (individually or together with any of its Affiliates or any other Person which may be deemed to be acting as a group in concert with whom such Purchaser has identified, Investor or will have identified, itself as part any of a “group” in a public filing made with its Affiliates for the Commission involving purposes of Section 13(d) of the Company’s securities0000 Xxx) acquiring, or obtaining the right to acquire, in excess of 19.999.999% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser Investor does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.999.999% of the outstanding shares of Common Stock Company’s common stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor is not an officer, director, or to its knowledge an Affiliate of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rainmaker Systems Inc)

Limited Ownership. The purchase by such Purchaser of the Securities issuable to it at the Closing will not result in such Purchaser (individually or together with other Person with whom such Purchaser has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Company’s 's securities) acquiring, or obtaining the right to acquire, in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Purchaser does not presently intend to, alone or together with others, make a public filing with the Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of the Closing (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Navarre Corp /Mn/)

Limited Ownership. The purchase by such Purchaser Buyers of the Securities issuable to it them at the Closing will not result in such Purchaser Buyers (individually in the aggregate or together with other Person persons with whom such Purchaser has Buyers have identified, or will have identified, itself themselves as part of a “group” in a public filing made with the Commission SEC involving the Company’s securities) acquiring, or obtaining the right to acquire, in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing Closings shall have occurred. Such Purchaser does not No Buyer presently intend intends to, alone or together with others, make a public filing with the Commission SEC to disclose that it has (or that it together with such other Persons persons have) acquired, or obtained the right to acquire, as a result of the Closing Closings (when added to any other securities of the Company that it or they then own or have the right to acquire), in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing Closings shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telkonet Inc)

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