Common use of Limited Ownership Clause in Contracts

Limited Ownership. The purchase by such Investor of the Shares and Warrants issuable to it at the Closing (including the Warrant Shares that would be issuable upon the exercise of such Investor’s Warrants) will not result in such Investor (individually or together with other Persons with whom such 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor will not, 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Irvine Sensors Corp/De/)

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Limited Ownership. The purchase by such Investor of the Shares and Warrants Securities issuable to it at the Closing (including the Underlying Shares or Warrant Shares that would be issuable upon the exercise conversion of such Investor’s WarrantsSecurities) will not result in such Investor (individually or together with other Persons with whom such 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor will notdoes 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Purchase Agreement (Toreador Resources Corp)

Limited Ownership. The purchase by such Investor of the Shares and Warrants Securities issuable to it at the Closing (including the Warrant Underlying Shares that would be issuable upon the exercise in respect of such Investor’s WarrantsSecurities) will not result in such Investor (individually or together with other Persons Person with whom such 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor will notdoes 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Yak Communications Inc)

Limited Ownership. The purchase by such Investor Purchaser of the Shares and Warrants Securities issuable to it at the Closing (including the Warrant Shares underlying shares of Common Stock that would be issuable upon the exercise in respect of such Investor’s WarrantsSecurities and including any Securities issuable under the terms of the Additional Investment Rights issued or issuable to such Purchaser) will not result in such Investor (individually or together with other Persons Person with whom such Investor 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 19.999% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor will notPurchaser 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Generex Biotechnology Corp)

Limited Ownership. The purchase by such Investor of the Shares and Warrants Securities issuable to it at the Closing (including the Warrant Shares underlying shares of Common Stock that would be issuable upon in respect of the exercise of Warrants issued to such Investor’s Warrants) will not result in such Investor (individually or together with other Persons Person with whom such 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor will notdoes 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% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Emerge Interactive Inc)

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Limited Ownership. The purchase by such Investor of the Shares and Warrants Securities issuable to it each Purchaser at the an applicable Closing (including the Warrant Shares that would be issuable upon the exercise of such Investor’s Warrants) will not result in such Investor Purchaser (individually or together with any other Persons person or entity with whom such Investor 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% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the applicable Closing shall have occurred. Such Investor will notPurchaser 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 applicable 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% of the outstanding shares of Common Stock or the voting power of the Company on a post post-transaction basis that assumes that the applicable Closing shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Drone Aviation Holding Corp.)

Limited Ownership. The purchase by such Investor of the Shares and Warrants Securities issuable to it at the Closing (including the Warrant Shares underlying shares that would be issuable upon the exercise in respect of such Investor’s WarrantsSecurities) will not result in such Investor (individually or together with any other Persons Person with whom such 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 19.99919.99% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. Such Investor will notdoes 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 19.99919.99% of the Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

Limited Ownership. The purchase by such Investor of the Shares and Warrants Securities issuable to it at the Closing (including the Warrant Shares that would be issuable upon the exercise of such Investor’s Warrants) will not result in such Investor (individually or together with other Persons Person with whom such 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, in excess of the lesser of (i) 780,000 shares of Common Stock or (ii) 19.999% 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 Investor will notdoes 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 the lesser of (i) 780,000 shares of the Common Stock or (ii) 19.999% of the outstanding shares of Common Stock or the voting power of the Company on a post transaction basis that assumes that the Closing at issue shall have occurred. The Company acknowledges and agrees that no Investor has made or makes any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.

Appears in 1 contract

Samples: Purchase Agreement (Bakers Footwear Group Inc)

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