Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations of Holder herein.
Appears in 7 contracts
Samples: AMEDICA Corp, AMEDICA Corp, AMEDICA Corp
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications qualification requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section. (e) ACCREDITED INVESTOR. The Holder is an “accredited investor” as such term is defined in Regulation D of Holder hereinthe Securities Act.
Appears in 7 contracts
Samples: Credit Agreement (XY - The Findables Co), XY - The Findables Co, XY - The Findables Co
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Xxxxxx's rights contained in the Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the Holder's representations of Holder hereinset forth in this Article 4.
Appears in 5 contracts
Samples: Purchase Common Stock (Integrated Performance Systems Inc), Purchase Common Stock (Odyssey Pictures Corp), Paystar Corp
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder’s rights contained in the Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the Holder’s representations of Holder hereinset forth in this Article 5.
Appears in 4 contracts
Samples: Purchase Common Stock (Human Biosystems Inc), Purchase Common Stock (Infinium Labs Inc), Purchase Common Stock (MultiCell Technologies, Inc.)
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder's rights contained in the Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the Holder's representations of Holder hereinset forth in this Article 6.
Appears in 3 contracts
Samples: Cavit Sciences, Inc., Cavit Sciences, Inc., Cavit Sciences, Inc.
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder’s rights contained in the Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the Holder’s representations of Holder hereinset forth in this Article 4.
Appears in 3 contracts
Samples: Warrant to Purchase Common Stock (National Storm Management Inc.), Purchase Common Stock (Material Technologies Inc /Ca/), Purchase Common Stock (National Storm Management Inc.)
Private Issue. The Holder understands (i) that the Warrant Shares (including any shares of Common Stock issuable upon exercise of this Warrant conversion thereof) are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations of Holder hereinset forth in this Section 13.
Appears in 2 contracts
Samples: Acusphere Inc, Acusphere Inc
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder’s rights contained in the Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the Holder’s representations of Holder herein.set forth in this Article 4. 4.2
Appears in 1 contract
Samples: Material Technologies Inc /Ca/
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder’s rights contained in the Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the Holder’s representations of Holder herein.set forth in this Article 5. 5.2
Appears in 1 contract
Samples: Purchase Common Stock (Material Technologies Inc /Ca/)
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder's rights contained in the Warrant are not registered under the Securities Act of 1933, as amended, (the “Act”) or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the Holder's representations of Holder herein.set forth in this Article V.
Appears in 1 contract
Samples: Macrosolve Inc
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder's rights contained in the Warrant are not registered under the Securities Act of 1933 (the “Act”) or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the Holder's representations of Holder hereinset forth in this Section 5.
Appears in 1 contract
Samples: Macrosolve Inc
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder's rights contained in the Warrant are not registered under the Securities Act or Xxx xx qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the Holder's representations of Holder hereinset forth in this Article 4.
Appears in 1 contract
Samples: Us Dataworks Inc
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder’s rights contained in the Warrant are not registered under the Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) JB Initials 11 TWH Initials that the Company’s reliance on such exemption is predicated on the Holder’s representations of Holder hereinset forth in this Article 6.
Appears in 1 contract
Samples: Warrant to Purchase Common Stock (S3 Investment Company, Inc.)
Private Issue. The Holder understands (i) that the Shares issuable upon exercise of this Holder's rights contained in the Warrant are not registered under the Securities Act of 1933 (the “Act”) or qualified under applicable state securities laws on the ground that the issuance contemplated by this the Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the Holder's representations of Holder herein.set forth in this Article V.
Appears in 1 contract
Samples: Macrosolve Inc