Private Offering. Neither the Company nor anyone acting on its behalf has offered any of the Stock or similar securities for issuance or sale to, or solicited any offer to acquire any of the same from, anyone so as to make the issuance and sale of the Stock subject to registration requirements of Section 5 of the Securities Act.
Appears in 5 contracts
Samples: Series E Preferred Stock Purchase Agreement (Printcafe Software Inc), Series F Preferred Stock Purchase Agreement (Printcafe Software Inc), Series B Preferred Stock Purchase Agreement (Printcafe Inc)
Private Offering. Neither the Company nor anyone acting on its behalf has offered will offer any securities of the Stock or similar securities Company for issuance or sale to, or solicited solicit any offer to acquire any of the same from, anyone any person or entity so as to make the issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities Act.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Lilly Eli & Co), Agreement (Ophidian Pharmaceuticals Inc), Stock Purchase Agreement (Seragen Inc)
Private Offering. Neither The Company agrees that neither the Company nor anyone acting on its behalf has offered will offer any of the Stock Shares or any similar securities for issuance or sale to, or solicited solicit any offer offering to acquire any of the same from, anyone so as to make the sale and issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 5 contracts
Samples: Series C Preferred Stock Purchase Agreement (Netratings Inc), Series B Preferred Stock Purchase Agreement (Netratings Inc), Series B Preferred Stock Purchase Agreement (Avistar Communications Corp)
Private Offering. Neither The Company agrees that neither the Company nor anyone acting authorized to act on its behalf has offered will offer the Securities or any of the Stock part thereof or any similar securities for issuance or sale to, or solicited solicit any offer to acquire any of the same from, anyone so as to make the issuance and sale of the Stock Securities subject to the registration requirements of Section 5 of the Securities Act.
Appears in 3 contracts
Samples: Warrant Exercise Subscription Agreement (Neonode, Inc), Subscription Agreement (Novint Technologies Inc), Note and Restricted Stock Purchase Agreement (CelLynx Group, Inc.)
Private Offering. Neither The Company agrees that neither the Company nor anyone acting on its behalf has offered will offer any of the Stock Shares or any similar securities for issuance or sale to, or solicited solicit any offer to acquire any of the same from, anyone or take any other action so as to make the issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Adknowledge Inc), Series E Preferred Stock Purchase Agreement (Concur Technologies Inc), Series D Preferred Stock Purchase Agreement (Concur Technologies Inc)
Private Offering. Neither the Company nor anyone acting on its behalf has offered any securities of the Stock or similar securities Company for issuance or sale to, or solicited any offer to acquire any of the same from, anyone any person or entity so as to make the issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended ("Securities Act").
Appears in 3 contracts
Samples: Agreement (Ophidian Pharmaceuticals Inc), Agreement (Ophidian Pharmaceuticals Inc), Agreement (Ophidian Pharmaceuticals Inc)
Private Offering. Neither the Company nor nor, to the Company's best knowledge, anyone acting on its behalf has offered any securities of the Stock or similar securities Company for issuance or sale to, or solicited any offer to acquire any of the same from, anyone any person or entity so as to make the issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended ("Securities Act").
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lilly Eli & Co), Stock Purchase Agreement (Seragen Inc)
Private Offering. Neither the The Company agrees that neither it nor anyone acting on its behalf has offered or will offer the Purchased Shares or the Underlying Common Stock, or any of the Stock part thereof, or any similar securities for issuance issue or sale to, or has solicited or will solicit any offer to acquire any of the same from, anyone so as to make bring the issuance and sale of the Stock subject to registration requirements Purchased Shares within the provisions of Section 5 of the Securities Act.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Nuco2 Inc /Fl), Preferred Stock Purchase Agreement (Nuco2 Inc /Fl)
Private Offering. Neither The Company agrees that neither the Company nor ---------------- anyone acting on its behalf has offered will offer any of the Stock Shares or any similar securities for issuance or sale to, or solicited solicit any offer to acquire any of the same from, anyone so in such a way as to make the issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").
Appears in 2 contracts
Samples: Restricted Stock Purchase Agreement (2bridge), Restricted Stock Purchase Agreement (2bridge)
Private Offering. Neither the Company nor anyone any Person acting ---------------- on its behalf has offered or will offer the Warrants, the Warrant Stock, or any of the Stock part thereof or any similar securities for issuance issue or sale to, or has solicited or will solicit any offer to acquire any of the same from, anyone so as to make cause the issuance and sale of Warrants or the Warrant Stock subject to registration requirements be required to be registered pursuant to the provisions of Section 5 of the Securities Act.
Appears in 1 contract
Private Offering. Neither the Company Company, either Shareholder, nor anyone acting on its or his behalf has offered any of the Stock Shares or any similar securities for issuance or sale to, or solicited any offer to acquire any of the same from, anyone so as to make the issuance and sale of the Stock Preferred Shares or the transfer and sale of the Common Shares subject to the registration requirements of Section 5 of the Securities Act.
Appears in 1 contract
Private Offering. Neither the Company nor anyone acting on its behalf has offered any of the Stock Shares or any similar securities for issuance or sale to, or solicited any offer to acquire any of the same from, anyone so as to make the issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder (the "Securities Act").
Appears in 1 contract
Private Offering. Neither the The Company has not (nor has anyone acting on its behalf has behalf) offered the Securities or any of the Stock part thereof or any similar securities for issuance issue or sale to, or solicited any offer to acquire any of the same from, anyone so as to make bring the issuance and sale of any of the Stock subject to registration requirements Securities within the provisions of Section 5 of the Securities ActAct or the provisions of any securities or blue sky law of any applicable jurisdiction.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Symmetry Medical Inc.)
Private Offering. Neither the Company nor anyone acting on its behalf has offered any of the Stock Shares or any similar securities for issuance or sale to, or solicited any offer to acquire any of the same from, anyone so as to make the issuance and sale of the Stock Shares subject to the registration requirements of Section 5 of the Securities 1933 Act.
Appears in 1 contract
Private Offering. Neither the Company Company, nor anyone acting on its behalf has offered any of the Stock Preferred Shares or any similar securities for issuance or sale to, or solicited any offer to acquire any of the same from, anyone so as to make the issuance and sale of the Stock Preferred Shares or the transfer and sale of the Common Shares subject to the registration requirements of Section 5 of the Securities Act.
Appears in 1 contract
Samples: Stock Purchase Agreement (Eroomsystem Technologies Inc)
Private Offering. Neither the Company nor anyone any Person acting on its behalf has offered or will offer the Warrants, the Warrant Stock, or any of the Stock part thereof or any similar securities for issuance issue or sale to, or has solicited or will solicit any offer to acquire any of the same from, anyone so as to make cause the issuance and sale of Warrants or the Warrant Stock subject to registration requirements be required to be registered pursuant to the provisions of Section 5 of the Securities Act.
Appears in 1 contract
