Common use of Acceptance or Rejection of Subscription Clause in Contracts

Acceptance or Rejection of Subscription. The Investor understands and agrees that the Company reserves the right, in its sole discretion, to reject this subscription, in whole or in part if (a) the Investor is not an "accredited investor" or otherwise fails to meet the investor suitability requirements as set forth in the Investor Suitability Questionnaire, (b) fails to deliver payment of the Aggregate Purchase Price, or (c) fails to deliver a completed Investor Deliverables, until there has been notice of acceptance of the Investor’s subscription. In the event of rejection of this subscription, the Subscriber’s funds (without interest) or, in the event of a partial rejection a check in the amount of the rejected portion, will be promptly issued to the Investor. Upon acceptance of the subscription by the Company and the Investor Deliverables (“Closing”), the Company will cause the purchase of the Common Shares to be reflected in the books and record of the Company, and will deliver to the Investor: (a) an "accepted" Subscription Agreement; (b) a Warrant Certificate in substantially the form attached hereto as Exhibit B, issued in the name of the Investor, pursuant to which the Investor shall have the right to acquire such number of Warrant Shares equal to that number of Warrant Shares included in the Units purchased by the Investor as set forth on such Investor’s signature page to this Agreement; and (c) the stock certificate representing the number of Common Shares represented by the Units purchased by the Investor, as set forth on the Investor’s signature page to this Agreement.

Appears in 3 contracts

Sources: Unit Subscription Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.)

Acceptance or Rejection of Subscription. Payment has been made simultaneous herewith by either (i) wire transfer or (ii) by check payable to eSimple, Inc. in full payment of the shares of common stock subscribed for (the “Subscription Payment”). If the undersigned has paid by check, the undersigned has sent a check by overnight mail to the Company. The Investor undersigned agrees that subject to the conditions set forth herein, the Company will accept subscriptions and payments therefor as they are received. The undersigned further understands and agrees that the Company reserves will notify the right, in undersigned as to whether its sole discretion, to reject this subscription, subscription has been accepted in whole or in part if (a) as reasonably promptly as possible. If the Investor is not an "accredited investor" Company accepts all or otherwise fails to meet the investor suitability requirements as set forth in the Investor Suitability Questionnaire, (b) fails to deliver payment a portion of the Aggregate Purchase Price, or (c) fails to deliver a completed Investor Deliverables, until there has been notice of acceptance of the Investorundersigned’s subscription, the undersigned agrees that this Agreement shall become effective with respect to the Company and the undersigned, and the Company will promptly deliver to the undersigned an executed copy of this Agreement and a share certificate representing the Shares. The undersigned acknowledges that the Corporation may terminate this offering at any time. In the event of rejection of this subscription, the Subscriber’s funds (without interest) or, in the event of a partial rejection a check in the amount sale of the rejected portion, will be promptly issued to Shares subscribed for by the Investor. Upon acceptance of the subscription undersigned is not consummated by the Company for any reason (in which event this Agreement shall be deemed to be rejected), this Agreement and any other agreement entered into between the undersigned and the Investor Deliverables (“Closing”), Company relating to this subscription shall thereafter have no force or effect and the Company will shall promptly return or cause to be returned to the undersigned the purchase of the Common Shares to be reflected in the books and record of the Company, and will deliver price remitted to the Investor: (a) an "accepted" Subscription Agreement; (b) a Warrant Certificate in substantially the form attached hereto as Exhibit B, issued in the name of the Investor, pursuant to which the Investor shall have the right to acquire such number of Warrant Shares equal to that number of Warrant Shares included in the Units purchased Company by the Investor as set forth on such Investor’s signature page to this Agreement; and (c) undersigned, without interest thereon or deduction therefrom, in exchange for the stock certificate representing the number of Common Shares represented by the Units purchased by the Investor, as set forth on the Investor’s signature page to this AgreementShares.

Appears in 1 contract

Sources: Subscription Agreement (eSimple, Inc.)

Acceptance or Rejection of Subscription. Payment has been made simultaneous herewith by either (i) wire transfer as set forth below or (ii) by check payable to Entertainment Art, Inc., in full payment of the shares of common stock subscribed for (the “Subscription Payment”). The Investor wire transfer instructions are as follows: Bank of America, NA Routing Number: ▇▇▇▇▇▇▇▇▇ Account Number: 483006506484 Entertainment Art, Inc. If the undersigned has paid by check, the undersigned has sent a check by overnight mail to: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Entertainment Art, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ The undersigned agrees that subject to the conditions set forth herein, the Company will accept subscriptions and payments therefor as they are received. The undersigned further understands and agrees that the Company reserves will notify the right, in undersigned as to whether its sole discretion, to reject this subscription, subscription has been accepted in whole or in part if (a) as reasonably promptly as possible. If the Investor is not an "accredited investor" Company accepts all or otherwise fails to meet the investor suitability requirements as set forth in the Investor Suitability Questionnaire, (b) fails to deliver payment a portion of the Aggregate Purchase Price, or (c) fails to deliver a completed Investor Deliverables, until there has been notice of acceptance of the Investorundersigned’s subscription, the undersigned agrees that this Agreement shall become effective with respect to the Company and the undersigned, and the Company will promptly deliver to the undersigned an executed copy of this Agreement and a share certificate representing the Shares. The undersigned acknowledges that the Company may terminate this offering at any time. In the event of rejection of this subscription, the Subscriber’s funds (without interest) or, in the event of a partial rejection a check in the amount sale of the rejected portion, will be promptly issued to Shares subscribed for by the Investor. Upon acceptance of the subscription undersigned is not consummated by the Company for any reason (in which event this Agreement shall be deemed to be rejected), this Agreement and any other agreement entered into between the undersigned and the Investor Deliverables (“Closing”), Company relating to this subscription shall thereafter have no force or effect and the Company will shall promptly return or cause to be returned to the undersigned the purchase of the Common Shares to be reflected in the books and record of the Company, and will deliver price remitted to the Investor: (a) an "accepted" Subscription Agreement; (b) a Warrant Certificate in substantially the form attached hereto as Exhibit B, issued in the name of the Investor, pursuant to which the Investor shall have the right to acquire such number of Warrant Shares equal to that number of Warrant Shares included in the Units purchased Company by the Investor as set forth on such Investor’s signature page to this Agreement; and (c) undersigned, without interest thereon or deduction therefrom, in exchange for the stock certificate representing the number of Common Shares represented by the Units purchased by the Investor, as set forth on the Investor’s signature page to this AgreementShares.

Appears in 1 contract

Sources: Subscription Agreement (Entertainment Art, Inc.)

Acceptance or Rejection of Subscription. Payment has been made simultaneous herewith by either (i) wire transfer as set forth below or (ii) by check payable to Watchtower Ventures, Inc., in full payment of the shares of common stock subscribed for (the “Subscription Payment”). The Investor undersigned agrees that subject to the conditions set forth herein, the Company will accept subscriptions and payments therefor as they are received. The undersigned further understands and agrees that the Company reserves will notify the right, in undersigned as to whether its sole discretion, to reject this subscription, subscription has been accepted in whole or in part if (a) as reasonably promptly as possible. If the Investor is not an "accredited investor" Company accepts all or otherwise fails to meet the investor suitability requirements as set forth in the Investor Suitability Questionnaire, (b) fails to deliver payment a portion of the Aggregate Purchase Priceundersigned's subscription, or (c) fails the undersigned agrees that this Agreement shall become effective with respect to the Company and the undersigned, and the Company will promptly deliver to the undersigned an executed copy of this Agreement and a completed Investor Deliverables, until there has been notice of acceptance of share certificate representing the Investor’s subscriptionShares. The undersigned acknowledges that the Corporation may terminate this offering at any time. In the event of rejection of this subscription, the Subscriber’s funds (without interest) or, in the event of a partial rejection a check in the amount sale of the rejected portion, will be promptly issued to Shares subscribed for by the Investor. Upon acceptance of the subscription undersigned is not consummated by the Company for any reason (in which event this Agreement shall be deemed to be rejected), this Agreement and any other agreement entered into between the undersigned and the Investor Deliverables (“Closing”), Company relating to this subscription shall thereafter have no force or effect and the Company will shall promptly return or cause to be returned to the undersigned the purchase of the Common Shares to be reflected in the books and record of the Company, and will deliver price remitted to the Investor: (a) an "accepted" Subscription Agreement; (b) a Warrant Certificate in substantially the form attached hereto as Exhibit B, issued in the name of the Investor, pursuant to which the Investor shall have the right to acquire such number of Warrant Shares equal to that number of Warrant Shares included in the Units purchased Company by the Investor as set forth on such Investor’s signature page to this Agreement; and (c) undersigned, without interest thereon or deduction therefrom, in exchange for the stock certificate representing the number of Common Shares represented by the Units purchased by the Investor, as set forth on the Investor’s signature page to this AgreementShares.

Appears in 1 contract

Sources: Regulation S Subscription Agreement (Watchtower, Inc.)