Common use of Voting and Investment Clause in Contracts

Voting and Investment. Power (to be completed only if the Selling Stockholder is not a natural person): (a) Please name each person or persons who have voting or investment power over the Common Stock beneficially owned by the Selling Stockholder. As described in Question 4 above, please note that for purposes of answering this Question 5: (1) Voting power includes the power to vote, or to direct the voting of, such security; and (2) Investment power includes the power to dispose, or to direct the disposition, of such security. (b) For each person named above in this Question 5, please state the number of shares of Common Stock beneficially owned by the Selling Stockholder in which that person has sole voting power, shared voting power, sole investment power and/or shared investment power. Beneficial Ownership Number of Shares Total number of shares as to which the person has sole voting power Total number of shares as to which the person has shared voting power Total number of shares as to which the person has sole investment power Total number of shares as to which the person has shared investment power If necessary, use the blank page attached hereto as Exhibit B. (c) Do you have any reason to believe that the ownership of the Common Stock of the registered holder identified in response to Question 1 above should be aggregated with the ownership of any other registered holder of the Common Stock, for purposes of describing the beneficial ownership of those shares of Common Stock in the Registration Statement? Ownership could be aggregated where there is a relationship that, as a factual matter, confers on a person a significant ability to affect how voting power or investment power over the shares will be exercised. ☐ Yes ☐ No If “yes,” please explain below:

Appears in 5 contracts

Samples: Registration Rights Agreement (Cosmos Holdings Inc.), Securities Purchase Agreement (Net Element, Inc.), Share Exchange Agreement (DPW Holdings, Inc.)

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Voting and Investment. Power (to be completed only if the Selling Stockholder is not a natural person): (a) Please name each person or persons who have voting or investment power over the shares of Common Stock beneficially owned by the Selling Stockholder. As described in Question 4 above, please note that for purposes of answering this Question 5: (1) Voting power includes the power to vote, or to direct the voting of, such security; and (2) Investment power includes the power to dispose, or to direct the disposition, of such security. (b) For each person named above in this Question 5, please state the number of shares of Common Stock beneficially owned by the Selling Stockholder in which that person has sole voting power, shared voting power, sole investment power and/or shared investment power. Beneficial Ownership Number of Shares Total number of shares as to which the person has sole voting power Total number of shares as to which the person has shared voting power Total number of shares as to which the person has sole investment power Total number of shares as to which the person has shared investment power If necessary, use the blank page attached hereto as Exhibit B. (c) Do you have any reason to believe that the ownership of the shares of Common Stock of the registered holder identified in response to Question 1 above should be aggregated with the ownership of any other registered holder of the shares of Common Stock, for purposes of describing the beneficial ownership of those shares of Common Stock in the Registration Statement? Ownership could be aggregated where there is a relationship that, as a factual matter, confers on a person a significant ability to affect how voting power or investment power over the shares will be exercised. ¨ Yes ¨ No If “yes,” please explain below:

Appears in 2 contracts

Samples: Registration Rights Agreement (Ideanomics, Inc.), Securities Purchase Agreement (Ideanomics, Inc.)

Voting and Investment. Power (to be completed only if the Selling Stockholder is not a natural person): (a) Please name each person or persons who have voting or investment power over the Common Stock beneficially owned by the Selling Stockholder. As described in Question 4 above, please note that for purposes of answering this Question 5: (1) Voting power includes the power to vote, or to direct the voting of, such security; and (2) Investment power includes the power to dispose, or to direct the disposition, of such security. (b) For each person named above in this Question 5, please state the number of shares of Common Stock beneficially owned by the Selling Stockholder in which that person has sole voting power, shared voting power, sole investment power and/or shared investment power. Beneficial Ownership Number of Shares Total number of shares as to which the person has sole voting power Total number of shares as to which the person has shared voting power Total number of shares as to which the person has sole investment power Total number of shares as to which the person has shared investment power If necessary, use the blank page attached hereto as Exhibit B. (c) Do you have any reason to believe that the ownership of the Common Stock of the registered holder identified in response to Question 1 above should be aggregated with the ownership of any other registered holder of the Common Stock, for purposes of describing the beneficial ownership of those shares of Common Stock in the Registration Statement? Ownership could be aggregated where there is a relationship that, as a factual matter, confers on a person a significant ability to affect how voting power or investment power over the shares will be exercised. ¨ Yes ¨ No If “yes,” please explain below:

Appears in 2 contracts

Samples: Registration Rights Agreement (Alzamend Neuro, Inc.), Registration Rights Agreement (Ocz Technology Group Inc)

Voting and Investment. Power (to be completed only if the Selling Stockholder is not a natural person): (a) Please name each person or persons who have voting or investment power over the Common Stock Ordinary Shares beneficially owned by the Selling Stockholder. As described in Question 4 above, please note that for purposes of answering this Question 5: (1) Voting power includes the power to vote, or to direct the voting of, such security; and (2) Investment power includes the power to dispose, or to direct the disposition, of such security. (b) For each person named above in this Question 5, please state the number of shares of Common Stock Ordinary Shares beneficially owned by the Selling Stockholder in which that person has sole voting power, shared voting power, sole investment power and/or shared investment power. Beneficial Ownership Number of Shares Total number of shares as to which the person has sole voting power Total number of shares as to which the person has shared voting power Total number of shares as to which the person has sole investment power Total number of shares as to which the person has shared investment power If necessary, use the blank page attached hereto as Exhibit B. (c) Do you have any reason to believe that the ownership of the Common Stock Ordinary Shares of the registered holder identified in response to Question 1 above should be aggregated with the ownership of any other registered holder of the Common StockOrdinary Shares, for purposes of describing the beneficial ownership of those shares of Common Stock Ordinary Shares in the Registration Statement? Ownership could be aggregated where there is a relationship that, as a factual matter, confers on a person a significant ability to affect how voting power or investment power over the shares will be exercised. ¨ Yes ¨ No If “yes,” please explain below:

Appears in 1 contract

Samples: Registration Rights Agreement (Borqs Technologies, Inc.)

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Voting and Investment. Power (to be completed only if the Selling Stockholder is not a natural person): (a) Please name each person or persons who have voting or investment power over the Common Stock Ordinary Shares beneficially owned by the Selling Stockholder. As described in Question 4 above, please note that for purposes of answering this Question 5: (1) Voting power includes the power to vote, or to direct the voting of, such security; and (2) Investment power includes the power to dispose, or to direct the disposition, of such security. (b) For each person named above in this Question 5, please state the number of shares of Common Stock Ordinary Shares beneficially owned by the Selling Stockholder in which that person has sole voting power, shared voting power, sole investment power and/or shared investment power. Beneficial Ownership Number of Shares Total number of shares as to which the person has sole voting power Total number of shares as to which the person has shared voting power Total number of shares as to which the person has sole investment power Total number of shares as to which the person has shared investment power If necessary, use the blank page attached hereto as Exhibit B. (c) Do you have any reason to believe that the ownership of the Common Stock Ordinary Shares of the registered holder identified in response to Question 1 above should be aggregated with the ownership of any other registered holder of the Common StockOrdinary Shares, for purposes of describing the beneficial ownership of those shares of Common Stock Ordinary Shares in the Registration Statement? Ownership could be aggregated where there is a relationship that, as a factual matter, confers on a person a significant ability to affect how voting power or investment power over the shares will be exercised. ☐ Yes ☐ No If “yes,” please explain below:

Appears in 1 contract

Samples: Registration Rights Agreement (Borqs Technologies, Inc.)

Voting and Investment. Power (to be completed only if the Selling Stockholder is not a natural person): (a) Please name each person or persons who have voting or investment power over the Common Stock beneficially owned by the Selling Stockholder. As described in Question 4 above, please note that for purposes of answering this Question 5: (1) Voting power includes the power to vote, or to direct the voting of, such security; and (2) Investment power includes the power to dispose, or to direct the disposition, of such security. (b) For each person named above in this Question 5, please state the number of shares of Common Stock beneficially owned by the Selling Stockholder in which that person has sole voting power, shared voting power, sole investment power and/or shared investment power. Beneficial Ownership Number of Shares Total number of shares as to which the person has sole voting power Total number of shares as to which the person has shared voting power Total number of shares as to which the person has sole investment power Total number of shares as to which the person has shared investment power If necessary, use the blank page attached hereto as Exhibit B. (c) Do you have any reason to believe that the ownership of the Common Stock of the registered holder identified in response to Question 1 above should be aggregated with the ownership of any other registered holder of the Common Stock, for purposes of describing the beneficial ownership of those shares of Common Stock in the Registration Statement? Ownership could be aggregated where there is a relationship that, as a factual matter, confers on a person a significant ability to affect how voting power or investment power over the shares will be exercised. ¨ Yes ¨ No If “yes,” please explain below:

Appears in 1 contract

Samples: Registration Rights Agreement (Authentidate Holding Corp)

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