Common use of Pledge of Securities Clause in Contracts

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 108 contracts

Samples: Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (Auddia Inc.), Securities Purchase Agreement (Aditxt, Inc.)

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Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 72 contracts

Samples: Securities Purchase Agreement (Hutchinson Technology Inc), Securities Purchase Agreement (Genesis Biopharma, Inc), Securities Purchase Agreement (RADIENT PHARMACEUTICALS Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 49 contracts

Samples: Securities Purchase Agreement (Tantech Holdings LTD), Securities Purchase Agreement (Solidion Technology Inc.), Securities Purchase Agreement (Jeffs' Brands LTD)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 24 contracts

Samples: Securities Purchase Agreement (Minerva Neurosciences, Inc.), Securities Purchase Agreement (Ediets Com Inc), Securities Purchase Agreement (Smart Video Technologies Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 22 contracts

Samples: Securities Purchase Agreement (SCWorx Corp.), Securities Purchase Agreement (Asset Entities Inc.), Securities Purchase Agreement (Jet.AI Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor a Buyer and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Cellect Biotechnology Ltd.), Securities Purchase Agreement (Seneca Biopharma, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers’ expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 20 contracts

Samples: Securities Purchase Agreement (Genta Inc De/), Note and Warrant Purchase Agreement (Merchandise Creations, Inc.), Securities Purchase Agreement (Genta Inc De/)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 19 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Enveric Biosciences, Inc.), Securities Purchase Agreement (GridIron BioNutrients, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers’ expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 18 contracts

Samples: Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 11 contracts

Samples: Note Purchase Agreement (Merisel Inc /De/), Securities Purchase Agreement (Adcare Health Systems Inc), Securities Purchase Agreement (Adcare Health Systems Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers' expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Ambient Corp /Ny), Note and Warrant Purchase Agreement (Quest Oil Corp), Note and Warrant Purchase Agreement (Glowpoint Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged in compliance with applicable securities laws by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a make any sale, transfer or assignment of Securities Securities, such Investor and its pledgee makes such disposition in accordance with or pursuant to such pledgeea registration statement or an exemption under the 1933 Act. The Company hereby agrees to execute and deliver such reasonable documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Rsa Security Inc/De/), Securities Purchase Agreement (Hemispherx Biopharma Inc), Securities Purchase Agreement (Hemispherx Biopharma Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers' expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 7 contracts

Samples: Note and Warrant Purchase Agreement (Eden Energy Corp), Note and Warrant Purchase Agreement (Axm Pharma Inc), Note and Warrant Purchase Agreement (Silver Star Energy Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Stemcells Inc), Securities Purchase Agreement (Organitech Usa Inc), Securities Purchase Agreement (Aphton Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers’ expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 5 contracts

Samples: Note and Warrant Purchase Agreement (Verticalnet Inc), Note and Warrant Purchase Agreement (Efoodsafety Com Inc), Note and Warrant Purchase Agreement (P Com Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction DocumentAgreement, including, without limitation, Section 2(g) hereof9.01 of this Agreement; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) hereof 9.01 of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser; provided that any and all costs to effect the pledge of the Securities are borne by the pledgor and/or pledgee and not the Company.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Bellicum Pharmaceuticals, Inc), Subscription Agreement (ArTara Therapeutics, Inc.), Voting Agreement (Idera Pharmaceuticals, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged pursuant to an available exemption from registration under the 1933 Act by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Universal Food & Beverage Compny), Securities Purchase Agreement (Universal Food & Beverage Compny), Securities Purchase Agreement (Universal Food & Beverage Compny)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees agrees, at such applicable Buyer’s expense, to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Enerpulse Technologies, Inc.), Securities Purchase Agreement (Enerpulse Technologies, Inc.), Securities Purchase Agreement (Enerpulse Technologies, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Avanex Corp), Securities Purchase Agreement (Verenium Corp), Securities Purchase Agreement (Microvision Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The To the extent provided by applicable law, the pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a any such pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, including Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 4 contracts

Samples: Transaction Completion and Financing Agreement (Probe Manufacturing Inc), Securities Purchase Agreement (Medicor LTD), Note Purchase Agreement (Jed Oil Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 4 contracts

Samples: Securities Purchase Agreement (nCoat, Inc.), Securities Purchase Agreement (Nesco Industries Inc), Securities Purchase Agreement (Pure Vanilla Exchange Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided provided, however, that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Cryptyde, Inc.), Securities Purchase Agreement (Cryptyde, Inc.), Securities Purchase Agreement (Vinco Ventures, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement with a prime broker or other loan or financing arrangement that is secured by the Securities. The Any such pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a any such pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a any such pledge of the Securities to such pledgee by a Buyer.

Appears in 4 contracts

Samples: Securities Purchase Agreement (PAVmed Inc.), Securities Purchase Agreement (PAVmed Inc.), Securities Purchase Agreement (PAVmed Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Infinity Energy Resources, Inc), Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchaser’s expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 4 contracts

Samples: Series B Preferred Stock Purchase Agreement (Glowpoint Inc), Series B Preferred (Glowpoint Inc), Convertible Preferred Stock Purchase Agreement (Glowpoint Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(e) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(e) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Universal Energy Corp.), Securities Purchase Agreement (Universal Energy Corp.), Securities Purchase Agreement (ICP Solar Technologies Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a such pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 4 contracts

Samples: Omnibus Amendment (PARETEUM Corp), Securities Purchase Agreement (PARETEUM Corp), Securities Purchase Agreement (PARETEUM Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities, in and of itself, without any transfer of Securities upon enforcement of such pledge, shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 3 contracts

Samples: Securities Purchase Agreement (American Rebel Holdings Inc), Securities Purchase Agreement (American Rebel Holdings Inc), Securities Purchase Agreement (Reliance Global Group, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company The Partnership acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of Securities shall be required to provide the Company Partnership with any notice thereof or otherwise make any delivery to the Company Partnership pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g4.05(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company Partnership hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 3 contracts

Samples: Preferred Unit Purchase Agreement, Purchase Agreement (CSI Compressco LP), Purchase Agreement (Tetra Technologies Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ARJ Consulting, LLC), Securities Purchase Agreement (Verus International, Inc.), Securities Purchase Agreement (Verus International, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunderhereunder except as may otherwise be required under applicable securities laws, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 3 contracts

Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a any such pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, including Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 3 contracts

Samples: Securities Purchase Agreement (CardioVascular BioTherapeutics, Inc.), Securities Purchase Agreement (Galaxy Energy Corp), Securities Purchase Agreement (Infinity Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The Such pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunderSecurities, and no Investor effecting a pledge of Securities if Purchaser effects such pledge, it shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereofexcept for such delivery as may be reasonably necessary for the Company to perform its obligations under the next sentence; provided that an Investor Purchaser and its the pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of the Securities to such pledgee. The At Purchaser’s expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities Common Stock may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerpledge.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Strata Capital Corp), Securities Purchase Agreement (Kleangas Energy Technologies, Inc.), Securities Purchase Agreement (Eyes on the Go, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof2.6 of this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) 2.6 hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement, Common Stock and Warrant Purchase Agreement (Kana Software Inc), Common Stock and Warrant Purchase Agreement (Kana Software Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that that, subject to applicable laws, rules and regulations, the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Telanetix,Inc), Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Iparty Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 3 contracts

Samples: Securities Purchase Agreement (China XD Plastics Co LTD), Securities Purchase Agreement (Toreador Resources Corp), Securities Purchase Agreement (Discovery Laboratories Inc /De/)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, including without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Xcel Energy Inc), Securities Purchase Agreement (Xcel Energy Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers' expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Juma Technology Corp.), Note and Warrant Purchase Agreement (Juma Technology Corp.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(h) hereof; provided that an Investor and its pledgee pledge shall be required to comply with the provisions of Section 2(g2(h) hereof in order to effect a sale, transfer or assignment of Securities securities to such pledgeepledge. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (PNG Ventures Inc), Final Execution (Sandell Asset Management Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the RRA) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Debenture Purchase Agreement (Remark Holdings, Inc.), Securities Purchase Agreement (Bit Digital, Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Marshall Edwards Inc), Securities Purchase Agreement (Marshall Edwards Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(i) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(i) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the appropriate Buyer’s expense, the Company hereby agrees to shall execute and deliver such reasonable documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Supergen Inc), Securities Purchase Agreement (Supergen Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a any such pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, including Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Galaxy Energy Corp), Securities Purchase Agreement (Gastar Exploration LTD)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Holder (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g3.2(k) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g3.2(k) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Nova Biosource Fuels, Inc.), Securities Purchase Agreement (Nova Biosource Fuels, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor (provided, however, that such Investor agrees to reimburse the Company for the Company’s expenses incurred in connection therewith, including reasonable legal fees actually incurred).

Appears in 2 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Comscore, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lucid Diagnostics Inc.), Note Purchase Agreement (Plug Power Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of PIPE Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (CBAK Energy Technology, Inc.), Securities Purchase Agreement (ATIF Holdings LTD)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article 5 hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Company’s expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 2 contracts

Samples: Subscription Agreement (CorMedix Inc.), Subscription Agreement (CorMedix Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Placement Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (CAPSTONE TURBINE Corp), Securities Purchase Agreement (Clean Diesel Technologies Inc)

Pledge of Securities. Notwithstanding anything to Each of the contrary contained in this Agreement, the Company Companies acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities; provided such pledge is made in compliance with applicable federal and state securities laws. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the any Company with any notice thereof or otherwise make any delivery to the any Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be 6.4 hereof unless required to comply in connection with the provisions registration of Section 2(g) hereof in order to effect a sale, transfer the Securities or assignment by applicable law. Each of Securities to such pledgee. The Company the Companies hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged in compliance with applicable securities laws by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereofFinancing Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a make any sale, transfer or assignment of Securities, such Purchaser and its pledgee must make such disposition in accordance with or pursuant to a registration statement or an exemption under the Securities to such pledgeeAct. The Company hereby agrees to execute and deliver such reasonable documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Gric Communications Inc), Warrant Purchase Agreement (Gric Communications Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities Shares may be pledged by an Investor Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the SecuritiesShares. The pledge of Securities Shares shall not be deemed to be a transfer, sale or assignment of the Securities Shares hereunder, and no Investor Buyer effecting a pledge of Securities Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction DocumentAgreement, including, without limitation, Section 2(g) hereof; provided that an Investor Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities Shares may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ARJ Consulting, LLC), Securities Purchase Agreement (Verus International, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of the Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document; provided, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article VI hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At a Purchaser’s expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser, in accordance with applicable laws relating to the transfer of the securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (MetaStat, Inc.), Note Purchase Agreement (MetaStat, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities, in and of itself, without any transfer of PIPE Securities upon enforcement of such pledge, shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of PIPE Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.), Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchasers effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereofAgreement; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) hereof this Agreement in order to effect a sale, transfer transfer, or assignment of any such Securities to such pledgee. The At the expense of the Purchaser pledging such Securities, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Memory Pharmaceuticals Corp), Securities Purchase Agreement (Memory Pharmaceuticals Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2.2(h) hereofof this Agreement; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions terms of the legend described in Section 2(g2.2(h) hereof of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee, whether by foreclosure or otherwise. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged in compliance with applicable securities laws by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such reasonable documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sorrento Networks Corp), Securities Purchase Agreement (CSK Auto Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the such Securities. The pledge of the Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the such Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Artemis International Solutions Corp), Securities Purchase Agreement (Valence Technology Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document; provided, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers’ expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Technoconcepts, Inc.), Note and Warrant Purchase Agreement (Technoconcepts, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a holder thereof in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor such holder effecting a any such pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or Agreement, any other Transaction DocumentDocument or the Certificate of Designations, including, without limitation, including Section 2(g) hereof2.f of this Agreement; provided that an Investor such holder and its pledgee shall be required to comply with the provisions of Section 2(g) hereof 2.f in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerholder of Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (LENSAR, Inc.), Securities Purchase Agreement (Stereotaxis, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(h) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(h) hereof of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor; provided that any and all costs to effect the pledge of the Common Shares are borne by the pledgor and/or pledgee and not the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kv Pharmaceutical Co /De/), Securities Purchase Agreement (Sequenom Inc)

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Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may may, to the extent permitted by the 1933 Act, be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(h) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(h) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

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

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or Agreement, any other Transaction DocumentDocument or the Certificate of Designations, including, including without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Intraware Inc), Securities Purchase Agreement (Etoys Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(e) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(e) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mabcure Inc.), Securities Purchase Agreement (Universal Energy Corp.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor a Holder in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Holder effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(h) hereof; provided that an Investor a Holder and its pledgee shall be required to comply with the provisions of Section 2(g2(h) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerHolder.

Appears in 2 contracts

Samples: Securities Exchange Agreement (Agrify Corp), Securities Exchange Agreement (Agrify Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities Common Shares may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the SecuritiesCommon Shares. The pledge of Securities Common Shares shall not be deemed to be a transfer, sale or assignment of the Securities Common Shares hereunder, and no Investor effecting a pledge of Securities Common Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities Common Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities Common Shares may reasonably request in connection with a pledge of the Securities Common Shares to such pledgee by a Buyeran Investor.

Appears in 2 contracts

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

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Subsequently Purchased Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Workhorse Group Inc.), Securities Purchase Agreement (Astra Space, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Corvis Corp), Exchange Agreement (Aphton Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that Buyer may pledge the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor Buyer and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc), Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article 5 hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers’ expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Genta Inc De/), Securities Purchase Agreement (Genta Inc De/)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor a Buyer and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Msgi Security Solutions, Inc), Securities Purchase Agreement (Paincare Holdings Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Biotricity Inc.), Securities Purchase Agreement (Biotricity Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees agrees, subject to compliance with applicable securities laws, that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The Except as otherwise required by applicable securities laws, the pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof2(f); provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor at the expense of the Investor or pledgee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Comanche Clean Energy Corp), Securities Purchase Agreement (Comanche Clean Energy Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation acknowledging the existence of a pledge as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Millennium Cell Inc), Securities Purchase Agreement (Millennium Cell Inc)

Pledge of Securities. Notwithstanding anything to Each of the contrary contained in this Agreement, the Company Borrowers acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement account or other loan or financing arrangement that is secured by the Securities; provided such pledge is made in compliance with applicable federal and state securities laws. The Such pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a such pledge of Securities shall be required to provide the Company any Borrower with any notice thereof or otherwise make any delivery to the Company any Borrower pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) 6.4 hereof; provided that an Investor and its pledgee shall be , unless required to comply in connection with the provisions registration of Section 2(g) hereof in order to effect a sale, transfer the Securities or assignment by applicable law. Each of Securities to such pledgee. The Company the Borrowers hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 1 contract

Samples: Financing Agreement (Jamba, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof2(f); provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stockeryale Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities Buyer shall not be required to provide the Company with any notice thereof of a pledge of Securities or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.an Investor

Appears in 1 contract

Samples: Securities Purchase Agreement (Open Energy Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that nothing in this Agreement will prevent an Investor (as defined in the Registration Rights Agreement) from pledging the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other bona fide loan or financing arrangement that is secured by the such Securities. The pledge of the Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the such Securities to such pledgee by a Buyeran Investor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Commerce One Inc / De/)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities and the Underlying Shares may be pledged by an the Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the SecuritiesSecurities or the Underlying Shares. The pledge of Securities or the Underlying Shares shall not be deemed to be a transfer, sale or assignment of the Securities or the Underlying Shares hereunder, and no except as required by federal or state securities laws, the Investor effecting a pledge of Securities shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Subscription Agreement or any other Transaction Offering Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities or the Underlying Shares as the Investor may reasonably request in connection with a pledge of the Securities or the Underlying Securities to such pledgee by a Buyerthe Investor (but without the obligation to incur any cost or expense in connection therewith).

Appears in 1 contract

Samples: Subscription Agreement (Synovics Pharmaceuticals)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor the Purchaser effecting a pledge of Securities shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction DocumentAgreement, including, without limitation, Section 2(g) hereof9.01 of this Agreement; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) hereof 9.01 of this Agreement in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser; provided that any and all costs to effect the pledge of the Securities are borne by the pledgor and/or pledgee and not the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Idera Pharmaceuticals, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an the Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no the Investor effecting a pledge of Securities shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or Agreement, any other Transaction DocumentDocument or the Certificate of Designations, including, including without limitation, Section 2(g2(a) hereofof this Agreement; provided that an the Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(a) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerthe Investor.

Appears in 1 contract

Samples: Second Redemption and Exchange Agreement (Microstrategy Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may may, to the extent permitted by law, be pledged by an the Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor in effecting a pledge of Securities the Investor shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an the Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerthe Investor.

Appears in 1 contract

Samples: Warrant Issuance Agreement (Quest Patent Research Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of PIPE Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (LOCAL Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Settlement Document, including, without limitation, Section 2(g) 4.8 hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) 4.8 hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company Reno hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerthe Holder.

Appears in 1 contract

Samples: Settlement Agreement (Traqiq, Inc.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, Document including, without limitation, Section 2(g) hereof; provided that an Investor a Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (AMERICAN BATTERY TECHNOLOGY Co)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company The Partnership acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of Securities shall be required to provide the Company Partnership with any notice thereof or otherwise make any delivery to the Company Partnership pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; Document; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g4.05(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company Partnership hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 1 contract

Samples: Preferred Unit Purchase Agreement

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The initiation of such a pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the appropriate Buyer's expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerpledgee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Spatialight Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor the Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities the Buyer shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof2.6 of this Agreement; provided that an Investor the Buyer and its pledgee shall be required to comply with the provisions of Section 2(g) 2.6 hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a the Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Organitech Usa Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this AgreementSection 2(g), the Company acknowledges and agrees that the Securities may be pledged by an Investor a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities, if done in compliance with the 1933 Act. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Buyer effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Buyer and its pledgee pledge shall be required to comply with the provisions of Section 2(g) hereof the 1933 Act in order to effect a effecting any sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pokertek Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or Agreement, any other Transaction DocumentDocument or the Certificate of Designations, including, including without limitation, Section 2(g2(a) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(a) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 1 contract

Samples: Second Redemption and Exchange Agreement (Microstrategy Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article V hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchasers' expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser. Section 3.13 [Intentionally Omitted.]

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Datalogic International Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided provided, however, that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee pledge of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Global Technologies LTD)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an the Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no the Investor effecting a pledge of Securities shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, including without limitation, Section 2(g2(a) hereofof this Agreement; provided that an the Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(a) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerthe Investor.

Appears in 1 contract

Samples: Second Redemption and Exchange Agreement (Microstrategy Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction DocumentAgreement, including, without limitation, Section 2(g7(a) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g7(a) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Purchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (Providence Service Corp)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Purchaser in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Purchaser effecting a pledge of the Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Purchaser and its pledgee shall be required to comply with the provisions of Section 2(g) Article VI hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The At the Purchaser’s expense, the Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerPurchaser.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that after the expiration of the Lock-Up Period, the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The After the expiration of the Lock-Up Period, the pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 1 contract

Samples: Registration Rights Agreement (Ardsley Advisory Partners)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the -------------------- Securities may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or Agreement, any other Transaction DocumentDocument or the Certificate of Designations, including, including without limitation, Section 2(g2(f) hereofof this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyeran Investor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Microstrategy Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Person effecting a pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor a pledgor and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerpledgee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hutchinson Technology Inc)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor a Holder in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The bona fide pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor Holder effecting a bona fide pledge of Securities shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g) hereof; provided that an Investor a Holder and its pledgee shall be required to comply with the provisions of Section 2(g) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a BuyerHolder.

Appears in 1 contract

Samples: Securities Purchase Agreement (OWC Pharmaceutical Research Corp.)

Pledge of Securities. Notwithstanding anything to the contrary contained in this Agreement, the The Company acknowledges and agrees that the Securities may be pledged by an Investor the Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and no Investor effecting a pledge of Securities the Buyer shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(g2(f) hereof; provided that an Investor the Buyer and its pledgee shall be required to comply with the provisions of Section 2(g2(f) hereof in order to effect a sale, transfer or assignment of Securities to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a the Buyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Agfeed Industries, Inc)

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