Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no 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. 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 7 contracts
Samples: Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (Freedom Leaf Inc.), Securities Purchase Agreement (Generex Biotechnology Corp)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the The Company acknowledges and agrees that the Securities may be pledged by a Buyer Buyers or their transferees (each, including any such Buyer, an “Investor”) in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer 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 Section 2(f) of this Agreement. 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 Exchange Agreement (Sonterra Resources, Inc.), Securities Purchase Agreement (Sonterra Resources, Inc.), Securities Purchase Agreement (Sonterra Resources, Inc.)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the The Company acknowledges and agrees that the Securities may be pledged by a Buyer an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer 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(f) hereof. 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 Exchange Agreement (Maverick Oil & Gas, Inc.), Securities Purchase Agreement (Maverick Oil & Gas, Inc.), Securities Purchase Agreement (Maverick Oil & Gas, Inc.)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, hereunder except as may otherwise be required under applicable securities laws, and no 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. 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 (Conversion Labs, Inc.), Securities Purchase Agreement (American Standard Energy Corp.), Securities Purchase Agreement (Aradigm Corp)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the The Company acknowledges and agrees that that, except as otherwise set forth in Section 2(c), the Securities may be pledged by a Buyer any holder of Securities (an “Investor”) in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer 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. 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 (Taronis Technologies, Inc.), Securities Purchase Agreement (Taronis Technologies, Inc.), Securities Purchase Agreement (Taronis Technologies, Inc.)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, the Company acknowledges and agrees that the Securities may be pledged by a Buyer an Investor in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer 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. The Company hereby agrees , including, without limitation, Section 2(g) hereof; provided that an Investor and its pledgee shall be required to execute and deliver such documentation as comply with the provisions of Section 2(g) hereof in order to effect a pledgee sale, transfer or assignment of the Securities may reasonably request in connection with a pledge of the Securities to such pledgee by a Buyerpledgee.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amarantus Bioscience Holdings, Inc.), Securities Purchase Agreement (Amarantus Bioscience Holdings, Inc.)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no if Buyer effecting effects a pledge of Securities Securities, then 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. 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 Exchange Agreement (H.I.G. Aert, LLC), Securities Exchange Agreement (Advanced Environmental Recycling Technologies Inc)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, the Company acknowledges and agrees that the Securities may be pledged by a Buyer an Investor in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer 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. 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 Virtual Cloud Technologies, Inc.)
Pledge of Securities. Notwithstanding anything Subject to the contrary contained restrictions set forth in Section 2(g)4(g) of this Agreement, the Company acknowledges and agrees that the Securities may be pledged by a Buyer Exchangor (or its transferee) in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer Exchangor (or its transferee) 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. 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 BuyerExchangor (or its transferee).
Appears in 1 contract
Samples: Securities Exchange Agreement (GreenHunter Energy, Inc.)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the The Company acknowledges and agrees that the Securities may be pledged by a Buyer Holder (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no neither the Buyer nor its successor or assign thereof 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. 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
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, the Company acknowledges and agrees that the Securities may be pledged by a the Buyer in connection with a bona fide margin agreement or other bona fide loan or financing arrangement that is secured by the Securities, subject to Section 5(b). The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, and except as may otherwise be required under applicable securities lawsset forth in Section 5(b), and no 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. 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
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, the Company acknowledges and agrees that the Securities may be pledged by a Buyer the Purchaser in connection with a bona fide margin agreement or other bona fide 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, hereunder (except as may to the extent otherwise be required under applicable securities lawslaw), and no Buyer effecting if the Purchaser effects a pledge of Securities Securities, it 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. 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 Purchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Senesco Technologies Inc)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g2(k), the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no 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. 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
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, the Company acknowledges and agrees that the Securities may be pledged pledged, charged or mortgaged by a Buyer an Investor in connection with a bona fide margin agreement or other bona fide loan or financing arrangement that is secured by the Securities. The pledge pledge, charge or mortgage of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, except as may otherwise be required under applicable securities laws, and no Buyer Investor effecting a pledge pledge, charge or mortgage 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. The Company hereby agrees to execute and deliver such documentation as a pledgee pledge, chargee or mortgagee of the Securities may reasonably request in connection with a pledge pledge, charge or mortgage of the Securities to such pledgee pledge, charge or mortgagee by a Buyeran Investor.
Appears in 1 contract
Samples: Securities Purchase Agreement (JA Solar Holdings Co., Ltd.)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the Company acknowledges and agrees that the Securities may be pledged by a the Buyer in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no 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. 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 (Satcon Technology Corp)
Pledge of Securities. Notwithstanding anything Subject to the contrary contained in Section 2(g2(h), the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer effecting affecting 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. 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
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g) and subject to Section 4(t), the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, hereunder except as may otherwise be required under applicable securities laws, and no 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. 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
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, the Company acknowledges and agrees that the Securities may be pledged by a Buyer Purchaser in connection with a bona fide margin agreement or other bona fide 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, hereunder (except as may to the extent otherwise be required under applicable securities lawslaw), and no Buyer 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. 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: Securities Purchase Agreement (Senesco Technologies Inc)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, but subject to any requirements imposed by applicable securities laws and rules, the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no 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. 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: Registration Rights Agreement (Crumbs Bake Shop, Inc.)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)5 of the Agreements or herein, the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, hereunder except as may otherwise be required under applicable securities laws, and no 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 the Agreements or any other Transaction Document. 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: Subscription Agreement (Document Security Systems Inc)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)set forth herein, the Company acknowledges and agrees that the Securities may be pledged by a Buyer Purchaser in connection with a bona fide margin agreement or other bona fide 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, hereunder except as may otherwise be required under applicable securities laws, and no Buyer 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. 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: Securities Purchase Agreement (Broadcast International Inc)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)the Agreements or herein, the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, hereunder except as may otherwise be required under applicable securities laws, and no 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 the Agreements or any other Transaction Document. 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: Subscription Agreement (Document Security Systems Inc)
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the The Company acknowledges and agrees that the Securities may be pledged by a Buyer any holder of Securities (an “Investor”) in connection with a bona fide margin agreement or other bona fide loan or financing arrangement that is secured by the SecuritiesSecurities so long as such Investors sends the Company prompt notice of such pledge and the material terms thereof. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Securities hereunder, except as may otherwise be required under applicable securities laws, and no Buyer 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. The Company hereby agrees agrees, subject to applicable securities laws, 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
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g)this Agreement, the Company acknowledges and agrees that the Securities may be pledged by a Buyer in connection with a bona fide margin agreement or other bona fide 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, hereunder (except as may to the extent otherwise be required under applicable securities lawslaw), and no 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. 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
Pledge of Securities. Notwithstanding anything to the contrary contained in Section 2(g), the The Company acknowledges and agrees that the Securities -------------------- Securities, subject to the provisions of Rule 144, may be pledged by a Buyer an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other bona fide 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, except as may otherwise be required under applicable securities laws, and no Buyer 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. 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 Exchange Agreement (Charys Holding Co Inc)