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Common use of Private Issue Clause in Contracts

Private Issue. Holder understands (i) that the Warrant Shares issuable upon exercise of Holder's rights contained in this Warrant Certificate are not registered under the Securities Act of 1933, as amended (the "Securities Act") or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Certificate will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company's reliance on such exemption is predicated on Holder's representations set forth in this Article 5.

Appears in 1 contract

Samples: Warrant Agreement (Integrated Surgical Systems Inc)

Private Issue. The Holder understands (i) that the Warrant Shares issuable upon exercise of Holder's rights contained in this Warrant Certificate are not registered under the Securities Act of 19331933 Act, as amended (the "Securities Act") or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Certificate will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company's ’s reliance on such exemption is predicated on Holder's the representations set forth in this Article 5Section 4.

Appears in 1 contract

Samples: Warrant Agreement (Amber Road, Inc.)

Private Issue. Holder The Warrantholder understands (i) that the Warrant ------------- Shares issuable upon exercise of Holder's rights contained in this Warrant Certificate are not registered under the Securities 1933 Act of 1933, as amended (the "Securities Act") or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Certificate will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company's reliance on such exemption is predicated on Holder's the representations set forth in this Article 5.Section 4. EXHIBIT B -4-

Appears in 1 contract

Samples: Office Lease (Beatnik Inc)

Private Issue. Holder The Warrantholder understands (ia) that the Warrant ------------- Shares issuable upon exercise of Holder's rights contained in this Warrant Certificate are not registered under the Securities 1933 Act of 1933, as amended (the "Securities Act") or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Certificate will be exempt from the registration and qualifications requirements thereof, and (iib) that the Company's reliance on such exemption is predicated on Holder's the representations set forth in this Article 5Section 4.

Appears in 1 contract

Samples: Warrant Agreement (Beatnik Inc)

Private Issue. The Holder understands (i) that the Class A Warrant and the Warrant Shares issuable upon exercise of Holder's rights contained in this Class A Warrant Certificate are not registered under the Securities 1933 Act of 1933, as amended (the "Securities Act") or qualified under applicable state securities laws on the ground that the issuance contemplated by this Class A Warrant Certificate will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company's reliance on such exemption is predicated on Holder's the representations set forth in this Article 5Section 7.

Appears in 1 contract

Samples: Warrant Agreement (Hemobiotech Inc)

Private Issue. Holder understands (i) that the Warrant and the Warrant Shares issuable upon exercise of Holder's rights contained in this Warrant Certificate are have not been registered under the Securities 1933 Act of 1933, as amended (the "Securities Act") or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Certificate will be exempt from the registration and qualifications requirements thereof, pursuant to Section 4(2) of the 1933 Act, and (ii) that the Company's reliance on such exemption is predicated on Holder's the representations set forth in this Article 5SECTION 16.

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (Marimba Inc)