Warrant Holders. 17 10.1 Voting or Dividend Rights......................................................................17 10.2
Warrant Holders. Warrant Holder Deemed Not a Shareholder ..................28 Section 9.2.
Warrant Holders. The Holders will have the following rights and obligations:
Warrant Holders. Warrant Holder Deemed Not a Shareholder . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 9.2.
Warrant Holders. Each Holder hereby represents and warrants as follows:
(a) It is acquiring the Warrants for its own account, as principal, for the purpose of investment and not with a view to or for sale in connection with any distribution thereof. Each Holder hereby represents that it will not offer to sell, sell or otherwise dispose of any of the Warrants or any Warrant Stock in violation of the Securities Act or any other applicable state or federal securities laws.
(b) It has to its satisfaction reviewed the business and affairs of the Company and understands the risks of, and other considerations relating to, its receipt of the Warrant Stock. Such Holder has been furnished a copy of the Company's most recent audited financial statements, annual projections, monthly projections and all other information requested by it relating to the Company and its activities and proposed activities.
(c) It has sufficient knowledge and experience in business and financial matters to be capable of utilizing the information made available to it to fully and completely evaluate the merits and risks of owning the Warrant Stock.
(d) it has been furnished with or given adequate access to such information about the Company and the Warrants as it has requested, (ii) it has made its own independent inquiry and investigation into, and based thereon has formed an independent judgment concerning, the Company, (iii) it is able to bear the economic risks of the investment in the Common Stock upon exercise of the Warrants, (iv) it has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of an investment in the Company and (v) it is an "accredited investor" within the meaning of "accredited investor" under Regulation D of the Securities Act of 1933, as amended.
Warrant Holders. The Company may deem and treat the person or entity in whose name this Warrant is registered as the absolute owner for all purposes (notwithstanding any notation of ownership or other writing thereon made by anyone other than the Company) and the Company shall not be affected by any notice to the contrary. The terms “Warrant Holder” and holder of this Warrant and all other similar terms used herein shall mean such person or entity in whose name this Warrant is registered on the books of the Company.
Warrant Holders. The holders of the Warrants and the Broker Unit Warrants will be entitled to the benefit of the Warrant Indenture (subject to the terms of the Warrant Indenture), and no registration, filing or recording of, or with respect to, the Warrant Indenture is necessary in order to preserve or protect the validity or enforceability of the Warrant Indenture or the Warrants and the Broker Unit Warrants issued under the Warrant Indenture.
Warrant Holders. This Warrant is one of two warrants issued by the Company pursuant to that certain Development and License Agreement (the “License Agreement”), dated of even date herewith, by and between the Company and Holder, of like tenor, except as to the number of shares of Common Stock subject thereto and the Expiration Date thereof. Holders of such warrants, including their successors and permitted assigns with respect to all or any portion thereof, are collectively referred to herein as the “Warrant Holders.” US.113433675.11
Warrant Holders. 20 9.1. NO VOTING OR DIVIDEND RIGHTS....................................20 9.2.
Warrant Holders. Notwithstanding any other term of this --------------- Agreement, a holder of any warrants outstanding to purchase shares of the Company's Series A Preferred Stock or Series B Preferred Stock, upon the Company's receipt of a fully executed signature page to this Agreement from such holder on or after the date first written above, shall become a party to this Agreement with the same effect as though it had executed this Agreement on and as of the date first written above; provided that (i) such holder shall be a -------- party to this Agreement only for purposes of Sections 1, 2, 5.2, 5.4 through 5.9, 5.11, 11, and 13 through 19 of this Agreement, and (ii) such holder specifically shall not be a party for purposes of any other section of this --------- Agreement.
