Common use of of the Securities Act Clause in Contracts

of the Securities Act. The Holder acknowledges that the Company is relying upon the truth and accuracy of, and the Holder’s compliance with, its representations, warranties, agreements, acknowledgments and understandings set forth herein in order to determine the availability of such exemptions and the eligibility of the Holder for the Exchange.

Appears in 5 contracts

Samples: Exchange Agreement (Paragon Shipping Inc.), Exchange Agreement (Paragon Shipping Inc.), Exchange Agreement (Emerald Oil, Inc.)

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of the Securities Act. The Holder acknowledges understands that the Company is relying upon the truth and accuracy of, and of the Holder’s compliance with, its representations, warranties, agreements, acknowledgments and understandings of the Holder set forth herein in order to determine for purposes of qualifying for the availability of such exemptions and the eligibility exemption under Section 3(a)(9) of the Holder Securities Act as well as qualifying for the Exchangeexemptions under applicable state securities laws.

Appears in 2 contracts

Samples: Warrant Exchange Agreement, Warrant Exchange Agreement

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of the Securities Act. The Holder acknowledges that the Company is relying upon the truth and accuracy of, and the Holder’s compliance with, its representations, warranties, agreements, acknowledgments and understandings set forth herein in order to determine the availability of such exemptions exemption and the eligibility of the Holder for the Exchange. Neither the Company nor the Holder shall take any position contrary to this Section 1.3.

Appears in 1 contract

Samples: Exchange Agreement (Marathon Patent Group, Inc.)

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