No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 1094 contracts
Samples: Securities Purchase Agreement (Sharps Technology Inc.), Securities Purchase Agreement (AgEagle Aerial Systems Inc.), Securities Purchase Agreement (SMX (Security Matters) Public LTD Co)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 154 contracts
Samples: Securities Purchase Agreement (Aptevo Therapeutics Inc.), Securities Purchase Agreement (Focus Universal Inc.), Securities Purchase Agreement (Theriva Biologics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.7 and this Section 5.8.
Appears in 125 contracts
Samples: Securities Purchase Agreement (VivoPower International PLC), Form Securities Purchase Agreement (Lucas GC LTD), Securities Purchase Agreement (Presto Automation Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties, and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, warranties, and warranties covenants of the Purchasers in Section 3.2this Agreement. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 75 contracts
Samples: Securities Purchase Agreement (Chanson International Holding), Securities Purchase Agreement (Dermata Therapeutics, Inc.), Securities Purchase Agreement (Ensysce Biosciences, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 52 contracts
Samples: Securities Purchase Agreement (Trevena Inc), Securities Purchase Agreement (Trevena Inc), Securities Purchase Agreement (Allena Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 3.1, the covenants of the Company in Article 4 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 46 contracts
Samples: Securities Purchase Agreement (Richtech Robotics Inc.), Securities Purchase Agreement (Richtech Robotics Inc.), Securities Purchase Agreement (Virax Biolabs Group LTD)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 35 contracts
Samples: Securities Purchase Agreement (Aethlon Medical Inc), Securities Purchase Agreement (Aethlon Medical Inc), Securities Purchase Agreement (Phunware, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and 4.8, this Section 5.85.8 and/or the Placement Agency Agreement.
Appears in 33 contracts
Samples: Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (Yoshitsu Co., LTD)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 28 contracts
Samples: Securities Purchase Agreement (Zoomcar Holdings, Inc.), Securities Purchase Agreement (Volcon, Inc.), Securities Purchase Agreement (Snail, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, warranties and warranties covenants of the Purchasers in Section 3.2this Agreement. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 19 contracts
Samples: Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Volitionrx LTD), Securities Purchase Agreement (Palisade Bio, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.9 and this Section 5.8.
Appears in 19 contracts
Samples: Securities Purchase Agreement (InMed Pharmaceuticals Inc.), Securities Purchase Agreement (SharpLink Gaming Ltd.), Warrant Purchase Agreement (Inpixon)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 19 contracts
Samples: Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Global Mofy Metaverse LTD), Securities Purchase Agreement (Avenue Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.7 and this Section 5.8.
Appears in 17 contracts
Samples: Securities Purchase Agreement (BioCardia, Inc.), Securities Purchase Agreement (BioCardia, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Arcimoto Inc), Securities Purchase Agreement (SmartKem, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 15 contracts
Samples: Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (22nd Century Group, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Clean Vision Corp), Securities Purchase Agreement (Clean Vision Corp), Securities Purchase Agreement (Clean Vision Corp)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Purchaser in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 12 contracts
Samples: Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (SuperCom LTD)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenants of the Company in Section 4. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Actelis Networks Inc), Securities Purchase Agreement (Phio Pharmaceuticals Corp.), Securities Purchase Agreement (Phio Pharmaceuticals Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 11 contracts
Samples: Form of Securities Purchase Agreement (bioAffinity Technologies, Inc.), Securities Purchase Agreement (bioAffinity Technologies, Inc.), Securities Purchase Agreement (Sigma Additive Solutions, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 10 contracts
Samples: Securities Purchase Agreement (authID Inc.), Securities Purchase Agreement (GD Culture Group LTD), Securities Purchase Agreement (U Power LTD)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Intuitive Machines, Inc.), Securities Purchase Agreement (Biofrontera Inc.), Securities Purchase Agreement (Biofrontera Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Purchaser in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 9 contracts
Samples: Securities Purchase Agreement (SRIVARU Holding LTD), Securities Purchase Agreement (Blue Hat Interactive Entertainment Technology), Securities Purchase Agreement (Cytrx Corp)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Aralez Pharmaceuticals Inc.), Securities Purchase Agreement (Aralez Pharmaceuticals Inc.), Securities Purchase Agreement (Aralez Pharmaceuticals Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Securities Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Securities Purchase Agreement (Movano Inc.)
No Third Party Beneficiaries. The Placement Agent placement agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Creatd, Inc.), Securities Purchase Agreement (Creatd, Inc.), Securities Purchase Agreement (Creatd, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and 4.8, this Section 5.8, and the Placement Agency Agreement, as applicable.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (Siyata Mobile Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (T2 Biosystems, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party -party beneficiary of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenant of the Company. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced or waived by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Steakholder Foods Ltd.), Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (BioLineRx Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.6 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Neptune Wellness Solutions Inc.), Securities Purchase Agreement (Ur-Energy Inc), Share Purchase Agreement (Dolphin Entertainment, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.9 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Adamis Pharmaceuticals Corp), Securities Purchase Agreement (RedHill Biopharma Ltd.), Securities Purchase Agreement (Adamis Pharmaceuticals Corp)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third third-party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Imunon, Inc.), Securities Purchase Agreement (Imunon, Inc.), Securities Purchase Agreement (iBio, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Uni-Pixel)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 7 contracts
Samples: Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.84.10.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Iconic Brands, Inc.), Securities Purchase Agreement (Charge Enterprises, Inc.), Securities Purchase Agreement (Uppercut Brands, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and 4.8, this Section 5.85.8 and/or the Engagement Letter.
Appears in 6 contracts
Samples: Securities Purchase Agreement (SAI.TECH Global Corp), Securities Purchase Agreement (It Tech Packaging, Inc.), Securities Purchase Agreement (It Tech Packaging, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.23.2 and the covenants in Section 4.16. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.8, Section 4.16 and this Section 5.8.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Histogen Inc.), Securities Purchase Agreement (Onconova Therapeutics, Inc.), Securities Purchase Agreement (Onconova Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced or waived by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Oramed Pharmaceuticals Inc.), Securities Purchase Agreement (Kitov Pharma Ltd.), Securities Purchase Agreement (Oramed Pharmaceuticals Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers each Purchaser in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Momentus Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 3.1, the representations and warranties of the Purchasers in Section 3.2, the covenants of the Company in Article 4 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (GRI BIO, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (GRI BIO, Inc.)
No Third Party Beneficiaries. The Each Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Tian Ruixiang Holdings LTD), Securities Purchase Agreement (Tian Ruixiang Holdings LTD), Securities Purchase Agreement (Ebang International Holdings Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Dynatronics Corp), Securities Purchase Agreement (Dynatronics Corp), Securities Purchase Agreement (Genspera Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.84.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (Uranium Energy Corp)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 5 contracts
Samples: Securities Purchase Agreement (NXT-Id, Inc.), Securities Purchase Agreement (Air Industries Group), Securities Purchase Agreement (Inventergy Global, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.23.2 and the covenants of the Company in Section 4. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8, and the Placement Agency Agreement, as applicable.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Nuwellis, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and beneficiaries with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (RiceBran Technologies), Securities Purchase Agreement (Thermogenesis Corp), Securities Purchase Agreement (Car Charging Group, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations representations, warranties and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, warranties and warranties covenants of the Purchasers in Section 3.2this Agreement. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Vivos Therapeutics, Inc.), Securities Purchase Agreement (Innovative Eyewear Inc), Securities Purchase Agreement (Interactive Strength, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and beneficiaries with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (T3 Motion, Inc.), Securities Purchase Agreement (ECO Building Products, Inc.), Securities Purchase Agreement (University General Health System, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.. 5.9
Appears in 4 contracts
Samples: Stock Purchase Agreement (Virios Therapeutics, Inc.), Securities Purchase Agreement (Harbor Custom Development, Inc.), Securities Purchase Agreement (Fibrocell Science, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Calyxt, Inc.), Securities Purchase Agreement (Cellectis S.A.), Securities Purchase Agreement (Calyxt, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and 4.8, this Section 5.85.8 and the Placement Agency Agreement, as applicable.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.9 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (iSpecimen Inc.), Securities Purchase Agreement (Second Sight Medical Products Inc), Securities Purchase Agreement (LMP Automotive Holdings, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2hereunder. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.85.8 and in Section 4.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Celsion CORP)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 herein and the representations and warranties of the Purchasers in Section 3.23.2 herein. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (ALKALINE WATER Co INC), Securities Purchase Agreement (ALKALINE WATER Co INC), Securities Purchase Agreement (ALKALINE WATER Co INC)
No Third Party Beneficiaries. The the Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.7 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement (FSD Pharma Inc.), Securities Purchase Agreement
No Third Party Beneficiaries. The Placement Agent Agents shall be the third third-party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Benitec Biopharma Inc.), Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Stevia First Corp.), Securities Purchase Agreement (Stevia First Corp.), Securities Purchase Agreement (Stevia First Corp.)
No Third Party Beneficiaries. The Placement Agent shall will be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 3.1, the covenants of the Company in Article 4 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Altamira Therapeutics Ltd.), Securities Purchase Agreement (Altamira Therapeutics Ltd.), Securities Purchase Agreement (VBI Vaccines Inc/Bc)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8, and the Placement Agency Agreement, as applicable.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Biolase, Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Except as provided in the immediately preceding sentence, this Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.7 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aethlon Medical Inc), Securities Purchase Agreement (MoSys, Inc.), Securities Purchase Agreement (MoSys, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8, and the Placement Agency Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (American Resources Corp), Securities Purchase Agreement (Digital Ally Inc), Securities Purchase Agreement (Digital Ally Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in pursuant to Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Inspyr Therapeutics, Inc.), Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (International Stem Cell CORP)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 4 hereof and with respect to the representations and warranties of the Purchasers in Section 3.25 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.89.10.
Appears in 3 contracts
Samples: Securities Purchase Agreement (P3 Health Partners Inc.), Securities Purchase Agreement (Chicago Pacific Founders UGP, LLC), Securities Purchase Agreement (P3 Health Partners Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2parties under this Agreement. This Otherwise, this Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns only, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.84.5.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (pSivida Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 hereof and the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (NeuroMetrix, Inc.), Securities Purchase Agreement (NeuroMetrix, Inc.), Securities Purchase Agreement (NeuroMetrix, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (ContraVir Pharmaceuticals, Inc.), Securities Purchase Agreement (ContraVir Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.5 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Enveric Biosciences, Inc.), Securities Purchase Agreement (Vaxart, Inc.), Securities Purchase Agreement (Vaxart, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third a third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Nuwellis, Inc.), Securities Purchase Agreement (Biolase, Inc)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 hereto and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (OMNIQ Corp.), Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase Agreement (Quest Solution, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2Specified Purchaser. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Share Purchase Agreement (NovaBay Pharmaceuticals, Inc.), And Restated Share Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Share Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenants of the Company in Section 4. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Ispire Technology Inc.), Securities Purchase Agreement (Ispire Technology Inc.), Securities Purchase Agreement (Ispire Technology Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Purchaser in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Progressive Care Inc.), Securities Purchase Agreement (NextPlat Corp)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.7 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Summit Wireless Technologies, Inc.), Securities Purchase Agreement (Summit Wireless Technologies, Inc.), Securities Purchase Agreement (Summit Wireless Technologies, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Tuatara Capital Acquisition Corp), Securities Purchase Agreement (Energy Focus, Inc/De), Securities Purchase Agreement (Adomani, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party -party beneficiary of the representations representations, warranties and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, warranties and warranties covenants of the Purchasers in Section 3.2this Agreement. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SeaStar Medical Holding Corp), Securities Purchase Agreement (Bionano Genomics, Inc.), Securities Purchase Agreement (Bionano Genomics, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties, and warranties covenants of the Company in Section 3.1 and Section 4 and the representations representations, warranties, and warranties covenants of the Purchasers in Section 3.23.2 and Section 4. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Fortress Biotech, Inc.), Securities Purchase Agreement (Fortress Biotech, Inc.), Securities Purchase Agreement (Fortress Biotech, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations representations, warranties and warranties covenants of the Company in Section 3.1 and Article IV and the representations representations, warranties and warranties covenants of the Purchasers in Section 3.23.2 and Article IV. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aditxt, Inc.), Securities Purchase Agreement (Aditxt, Inc.), Securities Purchase Agreement (Aditxt, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Inventergy Global, Inc.), Form of Securities Purchase Agreement (Inventergy Global, Inc.), Securities Purchase Agreement (AMEDICA Corp)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of with respect to the representations and warranties of the Company in Section 3.1 hereof and the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Bellerophon Therapeutics, Inc.), Securities Purchase Agreement (Bellerophon Therapeutics, Inc.), Securities Purchase Agreement (NeuroMetrix, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (HTG Molecular Diagnostics, Inc)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third third-party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Purchaser in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Eyenovia, Inc.), Securities Purchase Agreement (Eyenovia, Inc.), Securities Purchase Agreement (Durect Corp)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of beneficiaries with respect to the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (RiceBran Technologies), Securities Purchase Agreement (Capnia, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. Dxxxxxx shall be the third-party beneficiary of the provisions of Section 4.1(f). This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (MusclePharm Corp), Securities Purchase Agreement (MusclePharm Corp)
No Third Party Beneficiaries. The Placement Agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 4 hereof and with respect to the representations and warranties of the Purchasers Investors in Section 3.25 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 8 and this Section 5.89.9.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ayala Pharmaceuticals, Inc.), Securities Purchase Agreement (Selecta Biosciences Inc)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Bluejay Diagnostics, Inc.), Securities Purchase Agreement (Allied Esports Entertainment, Inc.)
No Third Party Beneficiaries. The Placement Agent placement agent shall be the a third party beneficiary of the representations and warranties of the Company in Section 3.1 and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (GeoVax Labs, Inc.), Securities Purchase Agreement (GeoVax Labs, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.7 and this Section 5.8.
Appears in 2 contracts
Samples: Share Purchase Agreement (Esports Entertainment Group, Inc.), Securities Purchase Agreement (SPI Energy Co., Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 2.1 and the representations and warranties of the Purchasers Subscriber in Section 3.22.2. This Other than in respect of the foregoing, this Agreement is intended for the benefit of the parties hereto and their respective permitted successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8person.
Appears in 2 contracts
Samples: Registration Rights Agreement (Revelstone Capital Acquisition Corp.), Registration Rights Agreement (Revelstone Capital Acquisition Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns (except that Sections 3.1, 4.5 and 4.8 hereof are not intended for the benefit of any assignee other than a Permitted Transferee, except with the prior written consent of the Company) and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ra Medical Systems, Inc.), Securities Purchase Agreement (Ra Medical Systems, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and beneficiaries with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Brainstorm Cell Therapeutics Inc.), Securities Purchase Agreement (Park City Group Inc)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third party beneficiary of the representations representations, warranties, and warranties covenants of the Company in Section 3.1 this Agreement and the representations representations, warranties, and warranties covenants of the Purchasers in Section 3.2this Agreement. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Airship AI Holdings, Inc.), Securities Purchase Agreement (Airship AI Holdings, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers Purchaser in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Registration Rights Agreement (Inflection Point Acquisition Corp. II), Securities Purchase Agreement (theMaven, Inc.)
No Third Party Beneficiaries. The Placement Agent Agents shall be the third third-party beneficiary beneficiaries of the representations and warranties of the Company in Section 3.1 hereof and with respect to the representations and warranties of the Purchasers in Section 3.23.2 hereof. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Titan Environmental Solutions Inc.), Securities Purchase Agreement (Titan Environmental Solutions Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party -party beneficiary of the representations and warranties of the Company in Section 3.1 and 3.1, the representations and warranties of the Purchasers in Section 3.23.2 and the covenants of the Company. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced or waived by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Purple Biotech Ltd.), Securities Purchase Agreement (Scinai Immunotherapeutics Ltd.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ancora Advisors, LLC), Securities Purchase Agreement (Potbelly Corp)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.23.1. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NLS Pharmaceutics Ltd.), Securities Purchase Agreement (Arcturus Therapeutics Holdings Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third third-party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers Investor in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 4.10 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Zhibao Technology Inc.), Securities Purchase Agreement (Trio Petroleum Corp.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations representation and warranties of the Purchasers in Section 3.2. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Greenwave Technology Solutions, Inc.), Securities Purchase Agreement (Greenwave Technology Solutions, Inc.)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Except as provided in the immediately preceding sentence, this Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set forth in Section 4.8 and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vicinity Motor Corp), Securities Purchase Agreement (Vicinity Motor Corp)
No Third Party Beneficiaries. The Placement Agent shall be the third party beneficiary of the representations and warranties of the Company in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2Article II. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Personperson, except as otherwise set forth in Section 4.8 Article IV and this Section 5.8.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Blue Sphere Corp.), Securities Purchase Agreement (Blue Sphere Corp.)
