Qualified Institutional Buyer. The Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act.
Appears in 10 contracts
Samples: Exchange Agreement (Teligent, Inc.), Exchange Agreement (Teligent, Inc.), Exchange Agreement (Teligent, Inc.)
Qualified Institutional Buyer. The Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated 144A(a)(1) under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 7 contracts
Samples: Exchange Agreement (Digital Realty Trust, Inc.), Exchange Agreement (Digital Realty Trust, Inc.), Exchange Agreement (Digital Realty Trust, Inc.)
Qualified Institutional Buyer. The Holder represents that it is a “qualified institutional buyer” within the meaning of buyer as defined in Rule 144A promulgated under the Securities Act.
Appears in 6 contracts
Samples: Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)
Qualified Institutional Buyer. The Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the United States Securities Act of 1933, as amended (the “Securities Act”).
Appears in 5 contracts
Samples: Exchange Agreement (Synergy Pharmaceuticals, Inc.), Exchange Agreement (Synergy Pharmaceuticals, Inc.), Exchange Agreement (Synergy Pharmaceuticals, Inc.)
Qualified Institutional Buyer. The Each Holder is (i) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and (ii) an “Institutional Account” as defined in FINRA Rule 4512(c).
Appears in 4 contracts
Samples: Exchange Agreement (Chegg, Inc), Exchange Agreement (Chegg, Inc), Exchange Agreement (Chegg, Inc)
Qualified Institutional Buyer. The Each Holder is (i) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act, and (ii) an “Institutional Account” as defined in FINRA Rule 4512(c).
Appears in 3 contracts
Samples: Exchange Agreement (Chegg, Inc), Exchange Agreement (Alteryx, Inc.), Repurchase Agreement (Par Technology Corp)
Qualified Institutional Buyer. The Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 2 contracts
Samples: Conversion Agreement (Merrimack Pharmaceuticals Inc), Exchange and Purchase Agreement (PDL Biopharma, Inc.)
Qualified Institutional Buyer. The Such Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 2 contracts
Samples: Exchange Agreement (Lri Holdings, Inc.), Exchange Agreement (Lri Holdings, Inc.)
Qualified Institutional Buyer. The Each Holder is (a) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and (b) an “Institutional Account” as defined in FINRA Rule 4512(c). The Undersigned agrees to furnish any additional information reasonably requested by the Company or any of its affiliates to assure compliance with applicable U.S. federal and state securities laws in connection with the Transactions.
Appears in 1 contract
Samples: Exchange Agreement (Docusign, Inc.)
Qualified Institutional Buyer. The Holder is an “Accredited Investor” within the meaning of Rule 501 of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act, and was not organized for the purpose of acquiring the Exchanged New Notes.
Appears in 1 contract
Samples: Exchange Agreement (Regis Corp)
Qualified Institutional Buyer. The Each Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act or an institutional “accredited investor” (as defined in Rule 501(a) under the Securities Act).
Appears in 1 contract
Qualified Institutional Buyer. The Such Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act.
Appears in 1 contract
Qualified Institutional Buyer. The Holder is an “Accredited Investor” within the meaning of Rule 501 of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act, and was not organized for the purpose of acquiring the Holder’s New Notes.
Appears in 1 contract
Samples: Exchange and Purchase Agreement (Spartan Stores Inc)
Qualified Institutional Buyer. The Each Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act.
Appears in 1 contract
Qualified Institutional Buyer. The Each Consenting Holder represents and warrants that it is a “"qualified institutional buyer” " within the meaning of Rule 144A promulgated under the Securities ActAct of 1933, as amended.
Appears in 1 contract
Qualified Institutional Buyer. The Consenting Holder is a “qualified institutional buyer” within the meaning of buyer as defined in Rule 144A promulgated under the Securities Act.
Appears in 1 contract
Samples: And Waiver (Emcore Corp)
Qualified Institutional Buyer. The Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act of 1933, as amended (the “Securities Act”) and was not organized for the purpose of acquiring the New Notes or the Warrants.
Appears in 1 contract
Samples: Exchange and Purchase Agreement (Savient Pharmaceuticals Inc)
Qualified Institutional Buyer. The Holder is either a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act or an “accredited investor” as defined in Rule 501 of Regulation D under the Securities Act.
Appears in 1 contract
Qualified Institutional Buyer. The Each Holder is a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act of 1933, as amended (the “Securities Act”). Each Holder is acquiring the Holder New Notes solely for its own account, for investment purposes, and not with a view to, or for resale in connection with, any distribution of the Holder New Notes in a manner that would violate the registration requirements of the Securities Act.
Appears in 1 contract
Samples: Convertible Notes Exchange Agreement (PDL Biopharma, Inc.)
Qualified Institutional Buyer. The Holder represents that it is a “qualified institutional buyer” within the meaning of buyer as defined in Rule 144A promulgated under the Securities Act.144A.
Appears in 1 contract
Samples: Exchange Agreement (Emcore Corp)
