Prior Investments. This Agreement shall also apply to investments made prior to its entry into force by investors of either Contracting State in the territory of the other Contracting State consistent with the latter's legislation.
Prior Investments. Have you previously purchased securities in a private placement or securities which were otherwise subject to substantial limitations on transferability? Yes _____ No _____ Have you previously invested in private companies, speculative ventures or ventures with no history of earnings from operations? Yes _____ No _____
Prior Investments. Has the Investor previously purchased securities in a private placement or securities which were otherwise subject to substantial limitations on transferability? Yes_____ No ______
Prior Investments. (i) Prior to the Effective Time, the Company shall acquire for a consideration payable in cash only, certain of the "in the money" options from their respective holders as set forth in Exhibit L which have exercised the election, representing the difference between the exercise price of such options and $2.79 and the Company will permit the cashless exercise of certain of the "in the money" options from the respective holders as set forth in Exhibit L. In order to give effect to the foregoing, the stock option plan of the Company shall be amended in order to permit the option holders to elect to receive the cash consideration and the Company Shares, as set forth in Exhibit L and such option-holders shall agree to so elect the cash consideration or to effect the cashless options in conformity with Exhibit L."
6. Exhibit A of the Agreement is deleted in its entirety and replaced by Exhibit A attached hereto.
7. Exhibit C of the Agreement is deleted in its entirety and replaced by Exhibit C attached hereto.
8. Exhibit L of the Agreement is deleted in its entirety and replaced by Exhibit L attached hereto.
9. 3905268 Canada Inc. agrees to be bound by each representation, warranty and covenant made by Buyer Sub in the Agreement as if it had been an original signatory to the Agreement.
10. This Amendment and the Agreement shall be considered one and the same agreement.
11. The parties to this Amendment agree to take all actions, including the execution of additional documents, as may be reasonably requested by the other parties hereto to effect the intent or purposes of this Amendment.
12. This Amendment shall be governed in all respects by the provisions of the Agreement, which shall remain in full force and effect, as modified by this Amendment.
Prior Investments. Lender owns preferred stock, common stock, and convertible notes issued by Borrower pursuant to investment agreements entered into by Lender and Borrower, specifically including a convertible note, issued Aug 30, 2013 (the “Note”) pursuant to a Securities Purchase Agreement, dated Aug 30, 2013 (the “Share Purchase Agreement”). All representations and warranties contained in the Share Purchase Agreement and the Note are incorporated herein by reference.
Prior Investments. Please indicate the frequency of your prior investments (check one in each column): Frequently Occasionally Never
Prior Investments. This Agreement shall also cover, as regards the implementation of future investments made prior to its entry into force by investors of one Contracting Party in the territory of the other contracting party, in accordance with the laws and regulations of the latter. However, this Agreement shall not apply to disputes that may be born before its entry into force.
Prior Investments. 2 1.6 The Closing..................................................3 1.7 Merger Consideration, Conversion of Securities...............4 1.8 Escrow Arrangements..........................................4 1.9 Appointment of Shareholder Representatives...................5
Prior Investments. The Prior Investments described in Section 1.5 hereof shall have been completed in accordance with the provisions of this Agreement, all to the satisfaction of the parties.
