Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s Securities may be pledged by 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 Shares hereunder, and no 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; provided that a Purchaser and its pledgee shall be required to comply with the provisions of this Agreement in order to effect a sale, transfer or assignment of Shares to such pledgee.
Appears in 5 contracts
Samples: Securities Purchase Agreement (CervoMed Inc.), Securities Purchase Agreement (CervoMed Inc.), Securities Purchase Agreement (Avidity Biosciences, Inc.)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s the Securities may be pledged by a Purchaser 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 Shares Securities hereunder, and no Purchaser 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 AgreementAgreement or any other Transaction Document, including, without limitation, Section 4.4 hereof; provided that a Purchaser an Investor and its pledgee shall be required to comply with the provisions of this Agreement Section 4.4 hereof in order to effect a sale, transfer or assignment of Shares 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 an Investor.
Appears in 2 contracts
Samples: Royalty Agreement (WorldSpace, Inc), Securities Purchase Agreement (WorldSpace, Inc)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s the Securities may be pledged by a Purchaser Holder (as defined in the Registration Rights Agreement) to an Institutional Accredited Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities; provided, that any such pledgee shall not foreclose on such pledge other than in compliance with the transfer restrictions set forth in Section 2(h) hereof. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Shares Securities hereunder, and no Purchaser 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; provided that Agreement or any other Transaction Document. The Company hereby agrees to execute and deliver such documentation as a Purchaser and its pledgee shall be required to comply of the Securities may reasonably request in connection with a pledge of the provisions of this Agreement in order to effect a sale, transfer or assignment of Shares Securities to such pledgeepledgee by a Buyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s the Securities may be pledged by 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 Shares Securities hereunder, and no 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 agreement, including, without limitation, Section 4(g) of this Agreement; provided that a Purchaser and its pledgee shall be required to comply with the provisions of Section 4(g) of this Agreement in order to effect a sale, transfer or assignment of Shares Securities to such pledgee.
Appears in 2 contracts
Samples: Security Purchase Agreement (Amyris, Inc.), Security Purchase Agreement (Amyris, Inc.)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s the Securities may be pledged by a Purchaser 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 Shares Securities hereunder, and no Purchaser 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 any other Transaction Document, including Section 2.f of this Agreement; provided that a Purchaser such holder and its pledgee shall be required to comply with the provisions of this Agreement Section 2.f in order to effect a sale, transfer or assignment of Shares 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 an Investor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Celsus Therapeutics Plc.)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s Securities its Shares or Warrant Shares, as applicable, may be pledged by a Purchaser an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the SecuritiesShares or the Warrant Shares, as applicable. The pledge of Securities Shares or Warrant Shares, as applicable, shall not be deemed to be a transfer, sale or assignment of the Shares hereunder, and no Purchaser Investor effecting a pledge of Securities Shares or Warrant Shares, as applicable, shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this AgreementAgreement or any other Transaction Document; provided that a Purchaser an Investor and its pledgee shall be required to comply with the provisions of this Agreement the Transaction Documents, including Section 7.5 hereof, in order to effect a sale, transfer or assignment of Shares or Warrant Shares, as applicable, to such pledgee.
Appears in 1 contract
Samples: Securities Purchase Agreement (Lyra Therapeutics, Inc.)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s -------------------- the Securities may be pledged by a Purchaser 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 Shares Securities hereunder, and no Purchaser 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, any other Transaction Document or the Certificates of Designations, including without limitation, Section 2(a) of this Agreement; provided that a Purchaser an Investor and its pledgee shall be required to comply with the provisions of this Agreement in order to effect a sale, transfer or assignment of Shares to such pledgee.of
Appears in 1 contract
Samples: Redemption and Exchange Agreement (Microstrategy Inc)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s the Securities may be pledged by 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 Shares Securities hereunder, and no Purchaser 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 AgreementAgreement or any other Transaction Document; provided that a Purchaser an Investor and its pledgee shall be required to comply with the provisions of this Agreement the 1933 Act in order to effect a sale, transfer or assignment of Shares 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 an Investor.
Appears in 1 contract
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s Securities may be pledged by a such 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 Shares Securities hereunder, and no 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; provided that a Purchaser and its pledgee shall be required to comply with the provisions of this Agreement Agreement, including Section 5.08 hereof, in order to effect a sale, transfer or assignment of Shares Securities to such pledgee.
Appears in 1 contract
Samples: Subscription Agreement (Protara Therapeutics, Inc.)
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s the Securities may be pledged by a Purchaser Holder to an Institutional Accredited Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Securities; provided, that any such pledgee shall not foreclose on such pledge other than in compliance with the transfer restrictions set forth in Section 2(h) hereof. The pledge of Securities shall not be deemed to be a transfer, sale or assignment of the Shares Securities hereunder, and no Purchaser 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; provided that Agreement or any other Transaction Document. The Company hereby agrees to execute and deliver such documentation as a Purchaser and its pledgee shall be required to comply of the Securities may reasonably request in connection with a pledge of the provisions of this Agreement in order to effect a sale, transfer or assignment of Shares Securities to such pledgeepledgee by a Buyer.
Appears in 1 contract
Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s the Securities may be pledged by a Purchaser 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 Shares Securities hereunder, and no Purchaser 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 AgreementAgreement or any other Transaction Document; provided that a Purchaser an Investor and its pledgee shall be required to comply with the provisions of this Agreement the 1933 Act in order to effect a sale, transfer or assignment of Shares 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 an Investor.
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Pledge of Securities. The Company acknowledges and agrees that a Purchaser’s Securities the Notes may be pledged by a Purchaser an Investor in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the SecuritiesNotes. The pledge of Securities Notes shall not be deemed to be a transfer, sale or assignment of the Shares Notes hereunder, and no Purchaser Investor effecting a pledge of Securities Notes shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this AgreementAgreement or any other Transaction Document, including, without limitation, Section 2(f) hereof; provided that a Purchaser an Investor and its pledgee shall be required to comply with the provisions of this Agreement Section 2(f) hereof in order to effect a sale, transfer or assignment of Shares Notes to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Notes may reasonably request in connection with a pledge of the Notes to such pledgee by an Investor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Workhorse Group Inc.)