Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 65 contracts
Samples: Common Stock Purchase Agreement (Sino Green Land Corp), Common Stock Purchase Agreement (Sino Green Land Corp), Securities Purchase Agreement (China Golf Group, Inc.)
Material Non-Public Information. The Company is not in possession of, nor has not the Company or its agents disclosed to the Investors Investor, any material non-public information that (ia) if disclosed, would reasonably be expected to have a material materially adverse effect on the price of the Common Stock or (iib) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 25 contracts
Samples: Equity Credit Agreement (Internal Fixation Systems, Inc.), Equity Credit Agreement (ProText Mobility, Inc.), Equity Purchase Agreement (Neah Power Systems, Inc.)
Material Non-Public Information. The Company is not in possession of, nor has not the Company or its agents disclosed to the Investors Investor, any material non-public information that (i) if disclosed, would would, or could reasonably be expected to have a material have, an effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 22 contracts
Samples: Private Equity Line of Credit Agreement (Borough Corp), Private Equity Line of Credit Agreement (Commercial Concepts Inc), Securities Purchase Agreement (Globalnet Inc)
Material Non-Public Information. The Company is not in possession of, nor has not the Company or its agents disclosed to the Investors Investor, any material non-public information that (ia) if disclosed, would reasonably be expected to have a material materially adverse effect on the price of the Common Stock or (iior(b) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 17 contracts
Samples: Private Equity Credit Agreement (Large Scale Biology Corp), Private Equity Credit Agreement (Greens Worldwide Inc), Private Equity Credit Agreement (Eagle Broadband Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 12 contracts
Samples: Common Stock Purchase Agreement (BRS Group Inc), Convertible Debenture Purchase Agreement (Next Generation Media Corp), Convertible Note Purchase Agreement (China for-Gen Corp.)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if discloseddisclosed publicly, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 12 contracts
Samples: Private Equity Line of Credit Agreement (Pet Quarters Inc), Private Equity Line of Credit Agreement (Infinite Group Inc), Private Equity Line of Credit Agreement (Planet Polymer Technologies Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would would, or could reasonably be expected to have a material have, an effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 9 contracts
Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would would, or could reasonably be expected to have have, a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 7 contracts
Samples: Debenture Purchase Agreement (Teleservices International Group Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)
Material Non-Public Information. The Company has not --------------------------------- disclosed to the Investors Investor any material non-public information that (i) if discloseddisclosed publicly, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 5 contracts
Samples: Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc), Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc), Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof hereof, but which has not been so disclosed.
Appears in 4 contracts
Samples: Series B Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc), Series B Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc), Securities Purchase Agreement (Interactive Telesis Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (ia) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock Stock, or (iib) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 4 contracts
Samples: Convertible Debentures and Warrants Purchase Agreement (Transmeridian Exploration Inc), Convertible Preferred Stock and Warrants Purchase Agreement (Thinkpath Com Inc), Convertible Subordinated Debentures and Warrants Purchase Agreement (Fibercore Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information it believes to be material that (i) if disclosed, would reasonably be expected to have a material effect on the trading price of the Common Stock or and (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 3 contracts
Samples: Exchangeable Preferred Stock and Warrants Purchase Agreement (Nam Corp), Exchangeable Preferred Stock and Warrants Purchase Agreement (Dental Medical Diagnostic Systems Inc), Exchangeable Preferred Stock and Warrants Purchase Agreement (Dental Medical Diagnostic Systems Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any Investor any material non-public information that (i) if disclosed, would could reasonably be expected to have have, a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Convertible Preferred Stock and Warrant Purchase Agreement (Skylynx Communications Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if discloseddisclosed publicly, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 3 contracts
Samples: Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Lenders any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 3 contracts
Samples: Loan Agreement (American Champion Entertainment Inc), Loan Agreement (McGlen Internet Group Inc), Loan Agreement (Pawnbroker Com Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock Stock, or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 3 contracts
Samples: Convertible Debentures and Warrants Purchase Agreement (Calypte Biomedical Corp), Convertible Debentures and Warrants Purchase Agreement (Sedona Corp), Convertible Debentures and Warrants Purchase Agreement (Calypte Biomedical Corp)
Material Non-Public Information. The Except as described in Schedule 4.14, the Company has not disclosed to the Investors any Investor any material non-public information that (i) if disclosed, would could reasonably be expected to have have, a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Global Casinos Inc), Common Stock and Warrant Purchase Agreement (Vitro Diagnostics Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed; provided, however, that the Company has disclosed to the Investor matters relating to the Company's acquisition of Ranor and the financing of such acquisition.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Techprecision Corp), Preferred Stock Purchase Agreement (Lounsberry Holdings Ii Inc)
Material Non-Public Information. The Company is not in possession of, nor has not the Company or its agents disclosed to the Investors Investor, any material non-public information that (ia) if disclosed, would reasonably be expected to have a material materially adverse effect on the price of the Common Stock or (iior(b) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
a. [INTENTIONALLY OMITTED] ARTICLE V
Appears in 2 contracts
Samples: Private Equity Credit Agreement (American Pallet Leasing, Inc.), Private Equity Credit Agreement (American Pallet Leasing, Inc.)
Material Non-Public Information. The Except as set forth in the Disclosure Schedule, the Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 2 contracts
Samples: Private Equity Line of Credit Agreement (Nam Corp), Convertible Preferred Stock and Warrant Purchase Agreement (Pen Interconnect Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Subscriber any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock Company’s common stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof hereof, but which has not been so disclosed.
Appears in 2 contracts
Samples: Subscription Agreement (Vcampus Corp), Subscription Agreement (Vcampus Corp)
Material Non-Public Information. The Company has not --------------------------------- disclosed to the Investors Investor any material non-public information that (i) if disclosed, would would, or could reasonably be expected to have have, a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Integral Technologies Inc /Cn/), Securities Purchase Agreement (Integral Technologies Inc /Cn/)
Material Non-Public Information. The Company has not disclosed to the Investors either Investor any material non-public information that (i) if disclosed, would would, or could reasonably be expected to have have, a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 2 contracts
Samples: Debenture and Warrant Purchase Agreement (Professional Transportation Group LTD Inc), Debenture and Warrant Purchase Agreement (Imsco Inc /Ma/)
Material Non-Public Information. The Company has not disclosed ------------------------------- to the Investors Investor any material non-public information that (i) if discloseddisclosed publicly, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Private Equity Line of Credit Agreement (Focus Enhancements Inc)
Material Non-Public Information. The Company has not disclosed to the Investors either Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed; provided, however, that the Company has disclosed to the Investor matters relating to the Company’s acquisition of RTI and the terms of such acquisition.
Appears in 1 contract
Samples: Securities Purchase Agreement (Science Dynamics Corp)
Material Non-Public Information. The Company has not disclosed --------------------------------- to the Investors Investor any material non-public information that (ia) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock Stock, or (iib) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Stock Purchase Agreement (Cyber Public Relations Inc)
Material Non-Public Information. The Company has not disclosed to the Investors either Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed; provided, however, that the Company has disclosed to either Investor matters relating to the Company's acquisition of Sinogas and the financing of such acquisition.
Appears in 1 contract
Samples: Securities Purchase Agreement (Franklyn Resources Iii Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof hereof, but which has not been so disclosed.. PAGE10 OF 34
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according in accordance with the Securities Act or the Exchange Act, the Company was required to applicable law, rule or regulation, should have been disclosed disclose publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Convertible Debenture and Warrants Purchase Agreement (Affinity Technology Group Inc)
Material Non-Public Information. The Company has not disclosed to the Investors nvestor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed to -------------------------------- the Investors Lenders any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Loan Agreement (Inchorus Com)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, regulation should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Aims Worldwide Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed; provided, however, that the Company has disclosed to the Investor matters relating to the Company’s acquisition of CNS and the financing of such acquisition.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Lounsberry Holdings I Inc)
Material Non-Public Information. The Company has not ------------------------------- disclosed to the Investors Investor any material non-public information that (i) if discloseddisclosed publicly, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not Dot been so disclosed.
Appears in 1 contract
Samples: Private Equity Line of Credit Agreement (Cytrx Corp)
Material Non-Public Information. The Company has not --------------------------------- disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Convertible Debenture and Warrants Purchase Agreement (Worldwide Wireless Networks Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed; provided, however, that the Company has disclosed to the Investors matters relating to the Company's acquisition of Konzern and the financing of such acquisition.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Lounsberry Holdings Iii Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.. COMMON STOCK PURCHASE AGREEMENT BETWEEN MB SOFTWARE CORPORATION AND T SQUARED INVESTMENTS LLC PAGE 12 OF 30
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.. NOTE PURCHASE AGREEMENT BETWEEN MB SOFTWARE CORPORATION AND T SQUARED INVESTMENTS LLC PAGE 9 OF 27
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed ------------------------------- to the Investors any material non-public information that (ia) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock Stock, or (iib) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Convertible Debentures and Warrants Purchase Agreement (Data Race Inc)
Material Non-Public Information. The Company has not disclosed to ------------------------------- the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Impco Technologies Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.. NOTE PURCHASE AGREEMENT BETWEEN SUN NEW MEDIA, INC. AND BXXXXX PARTNERS LP PAGE 9 OF 24
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock Shares or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Common Shares and Warrants Purchase Agreement (Sand Technology Inc)
Material Non-Public Information. The Except as agreed to in writing by Investor, the Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would would, or could reasonably be expected to have have, a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Convertible Preferred Shares and Warrant Purchase Agreement (Hawaiian Natural Water Co Inc)
Material Non-Public Information. The Company neither possesses nor has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would would, or could reasonably be expected to have a material have, an effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
ARTICLE V Covenants of the Investor Reserved
Appears in 1 contract
Samples: Private Securities Subscription Agreement (Nuwave Technologies Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Lenders any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect Material Adverse Effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed to the Investors Purchaser any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Adsouth Partners, Inc.)
Material Non-Public Information. The Other than information which the Company shall disclose in the Registration Statement, the Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Bionutrics Inc)
Material Non-Public Information. The Company has not disclosed to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof of issuance of the Common Stock and the Warrants but which has not been so disclosed.
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed to the -------------------------------- Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.
Appears in 1 contract
Samples: Note Purchase Agreement (Entech Environmental Technologies Inc)
Material Non-Public Information. The Company has not disclosed to the Investors Investor any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof but which has not been so disclosed.; provided, however, that the Company has disclosed to the Investor matters relating to the Company’s acquisition of N2J.
Appears in 1 contract
Material Non-Public Information. The Company has not disclosed ------------------------------- to the Investors any material non-public information that (i) if disclosed, would reasonably be expected to have a material effect on the price of the Common Stock or (ii) according to applicable law, rule or regulation, should have been disclosed publicly by the Company prior to the date hereof hereof, but which has not been so disclosed.
Appears in 1 contract
