Solicitation; Other Issuances of Securities. In the preceding twelve months, neither the Company nor any of its Affiliates, nor any Person acting on its or their behalf, (i) has engaged in any form of general solicitation or general advertising (within the meaning of Regulation D) in connection with the offer or sale of the Securities, or (ii) has, directly or indirectly, made any offers or sales of any security or the right to purchase any security, or solicited any offers to buy any security or any such right, under circumstances that would require registration of the Securities under the Securities Act.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Celsius Holdings, Inc.), Securities Purchase Agreement (Celsius Holdings, Inc.)
Solicitation; Other Issuances of Securities. In the preceding twelve months, neither Neither the Company nor any of its Affiliates, nor any Person acting on its subsidiary or their behalfaffiliate, (i) has engaged in any form of general solicitation or general advertising (within the meaning of Regulation DD under the Securities Act) in connection with the offer or sale of the SecuritiesNotes, or (ii) has, within the last 6 months directly or indirectly, made any offers or sales of any security or the right to purchase any security, or solicited any offers to buy any security or any such rightsecurity, under any circumstances that would require registration of the Securities Notes under the Securities Act.Act or (iii) has taken or will take any action
Appears in 1 contract
Samples: Note Purchase Agreement (Vaxgen Inc)
Solicitation; Other Issuances of Securities. In Neither the preceding twelve monthsSeller, neither the Company nor any of its their respective Subsidiaries or Affiliates, nor any Person person acting on its or their behalf, (i) has engaged in any form of general solicitation or general advertising (within the meaning of Regulation D) in connection with the offer or sale of the Securities, or (ii) has, directly or indirectly, made any offers or sales of any security or the right to purchase any security, or solicited any offers to buy any security or any such right, under circumstances that would require registration of the Securities under the Securities Act.
Appears in 1 contract
Samples: Purchase Agreement (Ener1 Inc)