Secured Party Status. At the time Secured Party was offered the Securities, it was, and at the date hereof it is, and on each date on which it exercises any Warrants or converts any portion of the Note it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Secured Party is not required to be registered as a broker-dealer under Section 15 of the Exchange Act.
Appears in 5 contracts
Samples: Security Agreement (Accentia Biopharmaceuticals Inc), Security Agreement (Accentia Biopharmaceuticals Inc), Security Agreement (Accentia Biopharmaceuticals Inc)
