Common use of Non-Public Information Clause in Contracts

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 426 contracts

Samples: Securities Purchase Agreement (Mindpix Corp), Securities Purchase Agreement (Hudson Holding Corp), Securities Purchase Agreement (Tripath Technology Inc)

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Non-Public Information. The Company covenants and agrees that except for the Reports, Other Written Information and schedules and exhibits to this Agreement, neither it nor any other Person person acting on its behalf will at any time provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed in writing to keep such informationinformation in confidence. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 20 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)

Non-Public Information. The Company covenants and agrees that from and after the date hereof, neither it nor any other Person acting on its behalf will provide any Purchaser Buyer or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Buyer shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Buyer shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 6 contracts

Samples: Securities Purchase Agreement (QPC Lasers), Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (QPC Lasers)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Medicalcv Inc), Purchase Agreement (Tut Systems Inc), Securities Purchase Agreement (Digital Recorders Inc)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser the Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 3 contracts

Samples: Subscription Agreement (Technoconcepts, Inc.), Subscription Agreement (Astrata Group Inc), Subscription Agreement (China Evergreen Environmental CORP)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf director or officer of the Company will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem Corp)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-nor public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed in writing to receive such information. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 3 contracts

Samples: Subscription Agreement (American Oriental Bioengineering Inc), Subscription Agreement (American Oriental Bioengineering Inc), Subscription Agreement (American Oriental Bioengineering Inc)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 3 contracts

Samples: Common Stock Purchase and Warrants Agreement (Us Dataworks Inc), Convertible Debenture and Warrants Agreement (Us Dataworks Inc), Common Stock Purchase and Warrants Agreement (Us Dataworks Inc)

Non-Public Information. The Company covenants and agrees that following the Effective Date neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 2 contracts

Samples: Intrac Inc, Osteologix, Inc.

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will not provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, and it will instruct any Person acting on its behalf from doing so, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Island Pacific Inc), Securities Purchase Agreement (Svi Solutions Inc)

Non-Public Information. The Company covenants and agrees that that, following the disclosure described in the first sentence of Section 4.4 hereof, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Clinical Data Inc), Securities Purchase Agreement (Clinical Data Inc)

Non-Public Information. The Company covenants and agrees that that, following the disclosure described in Section 4.4 hereof, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Saflink Corp), Securities Purchase Agreement (Clinical Data Inc)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations representation in effecting transactions in securities of the Company.

Appears in 2 contracts

Samples: Master Exchange Agreement (FP Technology, Inc.), Master Exchange Agreement (FP Technology, Inc.)

Non-Public Information. The Company covenants and agrees that following the date hereof, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ultimate Software Group Inc), Securities Purchase Agreement (Ultimate Software Group Inc)

Non-Public Information. The Company covenants and agrees that following the announcement contemplated in Section 4.3, neither it nor any other Person acting on its behalf will provide any Purchaser (other than a Purchaser who is a director or officer of the Company) or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Microislet Inc)

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Non-Public Information. The Company covenants and agrees that neither ----------------------- it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric Fuel Corp)

Non-Public Information. (a) The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations and agreement in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (GlobalOptions Group, Inc.)

Non-Public Information. The Except pursuant to Section 5.6, the Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Secured Convertible Note Purchase (Acer Therapeutics Inc.)

Non-Public Information. The Other than the Pending 10-K, the Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Matritech Inc/De/)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such and, in any event, the Company hereby agrees that no Purchaser shall have executed a written agreement regarding the any duty of confidentiality and use of or any other obligation with respect to any such information. The Company understands and confirms that each information if any such disclosure occurs, subject to such Purchaser shall be relying on the foregoing representations in effecting transactions in complying with all applicable securities of the Companylaws.

Appears in 1 contract

Samples: Securities Purchase Agreement (Internet Commerce Corp)

Non-Public Information. The Except as may be required to comply with the terms and conditions of this Agreement, the Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Roaming Messenger Inc)

Non-Public Information. The Company covenants and agrees that following the disclosure described in Section 4.6 hereof, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Saflink Corp)

Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.. 4.7

Appears in 1 contract

Samples: Securities Purchase Agreement (Meritage Private Equity Fund Lp)

Non-Public Information. The Company covenants and agrees that neither it nor any other authorized Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pacific Gold Corp)

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