Offering of the Shares. Neither the Company nor any person authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Shares or any security of the Company similar to the Shares has offered the Shares or any such similar security for sale to, or solicited any offer to buy the Shares or any such similar security from, or otherwise approached or negotiated with respect thereto with, any person or persons, and neither the Company nor any person acting on its behalf has taken or will take any other action (including, without limitation, any offer, issuance or sale of any security of the Company under circumstances which might require the integration of such security with Shares under the Securities Act or the rules and regulations of the Commission thereunder), in either case so as to subject the offering, issuance or sale of the Shares to the registration provisions of the Securities Act.
Appears in 3 contracts
Samples: Subscription Agreement (Boston Therapeutics, Inc.), Subscription Agreement (Boston Therapeutics, Inc.), Subscription Agreement (Boston Therapeutics, Inc.)
Offering of the Shares. Neither the Company nor any person ---------------------- authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Shares or any security of the Company similar to the Shares has offered the Shares or any such similar security for sale to, or solicited any offer to buy the Shares or any such similar security from, or otherwise approached or negotiated with respect thereto with, any person or persons, and neither the Company nor any person acting on its behalf has taken or will take any other action (including, without limitation, any offer, issuance or sale of any security of the Company under circumstances which might require the integration of such security with Shares under the Securities Act or the rules and regulations of the Commission thereunder), in either case so as to subject the offering, issuance or sale of the Shares to the registration provisions of the Securities Act.
Appears in 2 contracts
Samples: Series B Convertible Preferred Stock Purchase Agreement (Peritus Software Services Inc), Series a Convertible Preferred Stock and Class a Common Stock Purchase Agreement (Peritus Software Services Inc)
Offering of the Shares. Neither the Company nor any person authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Shares or any similar security of the Company similar to the Shares has offered the Shares or any such similar security for sale to, or solicited any offer offers to buy the Shares or any such similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any person or personspersons other than the Purchasers, and neither the Company nor any person acting on its behalf has taken or will take any other action (including, without limitation, any offer, issuance or sale of any security of the Company under circumstances which might require the integration of such security with the Shares under the Securities Act of 1933 (the "Securities Act") or the rules and regulations of the Securities and Exchange Commission thereunder), in either case so as to ) which might subject the offering, issuance or sale of the Shares to the registration provisions of the Securities Act.
Appears in 1 contract
Samples: Share Purchase Agreement (Decrane Aircraft Holdings Inc)