Common use of No Sale or Distribution Clause in Contracts

No Sale or Distribution. The Noteholder is consenting to the Amendment and is acquiring the Amended Note Securities for its own account and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act; provided, however, that by making the representations herein, the Noteholder does not agree to hold any of the Amended Note Securities for any minimum or other specific term and reserves the right to dispose of the Amended Note Securities at any time in accordance with or pursuant to a registration statement or an exemption under the Securities Act. The Noteholder does not presently have any agreement or understanding, directly or indirectly, with any Person to distribute any of the Amended Note Securities.

Appears in 3 contracts

Samples: Subordinated Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.), Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.), Convertible Note Amendment Agreement (Verenium Corp)

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No Sale or Distribution. The Noteholder is consenting to the Second Amendment and is acquiring the Amended Note Securities for its own account and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act; provided, however, that by making the representations herein, the Noteholder does not agree to hold any of the Amended Note Securities for any minimum or other specific term and reserves the right to dispose of the Amended Note Securities at any time in accordance with or pursuant to a registration statement or an exemption under the Securities Act. The Noteholder does not presently have any agreement or understanding, directly or indirectly, with any Person to distribute any of the Amended Note Securities.

Appears in 1 contract

Samples: Senior Subordinated Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.)

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