No Change of Control. Purchaser agrees that it will not purchase Securities or acquire shares of common stock of the Company, including currently exercisable rights to acquire such stock if that will cause Purchaser, or any group of which Purchaser is a part, have beneficial ownership of more than 19.9% of the number of shares of common stock of the Company outstanding as of the date of this Agreement. For purposes of this section 4.16, the existence of a “group” and “beneficial ownership” shall be determined in accordance with the provisions of SEC Rule 13d-3 and Rule 13d-5.
Appears in 3 contracts
Samples: Securities Purchase Agreement (MoSys, Inc.), Securities Purchase Agreement (MoSys, Inc.), Securities Purchase Agreement (MoSys, Inc.)
No Change of Control. Each Purchaser agrees that it will not purchase Securities Shares or acquire shares of common stock of the Company, including currently exercisable rights to acquire such stock if that will cause such Purchaser, or any group of which such Purchaser is a part, to have beneficial ownership of more than 19.9% of the number of outstanding shares of common stock of the Company outstanding as of the date of this Agreement. For purposes of this section 4.16, the existence of a “group” and “beneficial ownership” shall be determined in accordance with the provisions of SEC Rule 13d-3 and Rule 13d-5.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Immunic, Inc.), Securities Purchase Agreement (Immunic, Inc.)
No Change of Control. Each Purchaser agrees that it will not purchase Securities Shares or acquire shares of common stock Common Stock of the Company, including currently exercisable rights to acquire such stock if that will cause such Purchaser, or any group of which Purchaser is a part, have beneficial ownership of more than 19.9% of the number of shares of common stock of the Company Common Stock outstanding as of the date of this Agreement. For purposes of this section 4.164.15, the existence of a “group” and “beneficial ownership” shall be determined in accordance with the provisions of SEC Rule 13d-3 and Rule 13d-5.
Appears in 2 contracts
Samples: Securities Purchase Agreement (MoSys, Inc.), Securities Purchase Agreement (MoSys, Inc.)
No Change of Control. Purchaser agrees that it will not purchase Securities Shares or acquire shares of common stock of the Company, including currently exercisable rights to acquire such stock if that will cause Purchaser, or any group of which Purchaser is a part, have beneficial ownership of more than 19.9% of the number of shares of common stock of the Company outstanding as of the date of this Agreement. For purposes of this section 4.16, the existence of a “group” and “beneficial ownership” shall be determined in accordance with the provisions of SEC Rule 13d-3 and Rule 13d-5.
Appears in 1 contract
