Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 428 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Mindpix Corp), Securities Purchase Agreement (Hudson Holding Corp)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed entered into a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 406 contracts
Sources: Securities Purchase Agreement (CarbonMeta Technologies, Inc.), Securities Purchase Agreement (Surna Inc.), Securities Purchase Agreement (Mphase Technologies Inc)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed entered into a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 153 contracts
Sources: Subordinated Secured Convertible Bridge Note and Warrant Purchase Agreement, Securities Purchase Agreement (Sino-Global Shipping America, Ltd.), Securities Purchase Agreement (ONCOSEC MEDICAL Inc)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 150 contracts
Sources: Securities Purchase Agreement (Atomera Inc), Securities Purchase Agreement (BlueNRGY Group LTD), Securities Purchase Agreement (BlueNRGY Group LTD)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 146 contracts
Sources: Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Solomon Technologies Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 127 contracts
Sources: Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (Solowin Holdings, Ltd.)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 119 contracts
Sources: Securities Purchase Agreement (Barfresh Food Group Inc.), Securities Purchase Agreement (Barfresh Food Group Inc.), Securities Purchase Agreement (Barfresh Food Group Inc.)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any the Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such the Purchaser shall have executed entered into a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each the Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 91 contracts
Sources: Securities Purchase Agreement (Trans American Aquaculture, Inc), Securities Purchase Agreement (IIOT-OXYS, Inc.), Securities Purchase Agreement (Bubblr Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed in writing to receive such information. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 83 contracts
Sources: Subscription Agreement (Globetel Communications Corp), Subscription Agreement (China Media1 Corp.), Subscription Agreement (Viryanet LTD)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed in writing to receive such information. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 36 contracts
Sources: Subscription Agreement (Pluristem Life Systems Inc), Subscription Agreement (Innovative Food Holdings Inc), Subscription Agreement (Family Room Entertainment Corp)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any the Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such the Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each the Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 22 contracts
Sources: Securities Purchase Agreement (Vapir Enterprises Inc.), Securities Purchase Agreement (Multimedia Platforms Inc.), Securities Purchase Agreement (Lu Pingji)
Non-Public Information. The Company covenants and agrees that except for the Reports, Other Written Information and schedules and exhibits to this Agreement, neither it nor any other Person person acting on its behalf will at any time provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed in writing to keep such informationinformation in confidence. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 21 contracts
Sources: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)
Non-Public Information. The Company covenants and agrees that neither it it, any Company Entity nor any other Person acting on its or their behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 15 contracts
Sources: Subscription Agreement (Moxian, Inc.), Securities Purchase Agreement (Codesmart Holdings, Inc.), Securities Purchase Agreement (First Independence Corp.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes or reasonably should believe constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. On and after the Effective Date, neither Investor nor any Affiliate Investor shall have any duty of trust or confidence that is owed directly, indirectly, or derivatively, to the Company or the shareholders of the Company, or to any other Person who is the source of material non-public information regarding the Company. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 14 contracts
Sources: Securities Purchase Agreement (Ault Global Holdings, Inc.), Securities Purchase Agreement (DPW Holdings, Inc.), Securities Purchase Agreement (DPW Holdings, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company. Furthermore, if the Company has disclosed any material non-public information to the Purchaser, the Purchaser has no duty to keep such information confidential following the public announcement of the offering.
Appears in 14 contracts
Sources: Securities Purchase Agreement (Cachet Financial Solutions, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any the Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 11 contracts
Sources: Securities Purchase Agreement (Mercurity Fintech Holding Inc.), Securities Purchase Agreement (Mercurity Fintech Holding Inc.), Securities Purchase Agreement (Mercurity Fintech Holding Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such the Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each the Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 10 contracts
Sources: Securities Purchase Agreement (Global Axcess Corp), Securities Purchase Agreement (Becoming Art Inc), Securities Purchase Agreement (Las Vegas Gaming Inc)
Non-Public Information. The Company covenants and agrees that neither it nor will not and will instruct any other Person acting on its behalf will to not provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 10 contracts
Sources: Securities Purchase Agreement (Vistula Communications Services Inc), Securities Purchase Agreement (Vistula Communications Services, Inc.), Securities Purchase Agreement (Waverider Communications Inc)
Non-Public Information. The Company covenants and agrees that neither it it, nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 10 contracts
Sources: Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.), Securities Purchase Agreement (DARA BioSciences, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser the Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser the Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser the Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 10 contracts
Sources: Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 9 contracts
Sources: Common Stock Purchase Agreement (HyreCar Inc.), Common Stock and Warrant Purchase Agreement (Pacific Grove Capital LP), Common Stock and Warrant Purchase Agreement (Monaker Group, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have has first executed a written agreement regarding the confidentiality and use of such the information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 9 contracts
Sources: Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 9 contracts
Sources: Preferred Stock and Warrant Purchase Agreement (Access Pharmaceuticals Inc), Debenture Purchase Agreement (Luxeyard, Inc.), Debenture Purchase Agreement (Cytosorbents Corp)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 8 contracts
Sources: Preferred Stock Purchase Agreement (International Stem Cell CORP), Preferred Stock Purchase Agreement (International Stem Cell CORP), Stock Subscription Agreement (OEP CHME Holdings, LLC)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 8 contracts
Sources: Convertible Note Purchase Agreement, Securities Purchase Agreement (Datrek Miller International, Inc.), Securities Purchase Agreement (Clarient, Inc)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, including this Agreement, or as expressly required by any applicable securities law, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any Purchaser or its agents or counsel with any information regarding the Company that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a information without the express written agreement regarding the confidentiality and use consent of such informationPurchaser. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Biofrontera Inc.), Securities Purchase Agreement (Biofrontera Inc.), Securities Purchase Agreement (Cidara Therapeutics, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor nor, to its knowledge, any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have consented thereto or executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 7 contracts
Sources: Securities Purchase Agreement (World Surveillance Group Inc.), Securities Purchase Agreement (World Surveillance Group Inc.), Securities Purchase Agreement (World Surveillance Group Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations covenant and agreement in effecting transactions in securities of the Company.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Kintera Inc), Securities Purchase Agreement (China Natural Gas, Inc.), Securities Purchase Agreement (Kintera Inc)
Non-Public Information. The Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed entered into a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Oxigene Inc), Securities Purchase Agreement (Acorn Energy, Inc.), Securities Purchase Agreement (Oxigene Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Roomlinx Inc), Securities Purchase Agreement (Smartserv Online Inc), Securities Purchase Agreement (Smartserv Online Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser each Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Taoping Inc.)
Non-Public Information. The Company covenants and agrees that that, from and after the date of this Agreement, neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Flow International Corp)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto to disclosure of such information the Company identifies such information as being material nonpublic information and provides such Purchaser with the opportunity to accept or refuse to accept such material nonpublic information for review and any Purchaser wishing to obtain such information shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Focus Enhancements Inc)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person person acting on its behalf behalf, will provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 5 contracts
Sources: Unit Purchase Agreement (Citius Pharmaceuticals, Inc.), Unit Purchase Agreement (Pershing Gold Corp.), Share Purchase Agreement (Pershing Gold Corp.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company. Furthermore, if the Company has disclosed any material non-public information to the Purchaser, the Purchaser has no duty to keep such information confidential following the public announcement of the Offering.
Appears in 4 contracts
Sources: Common Stock and Warrant Purchase Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Common Stock Purchase Agreement (Fusion Telecommunications International Inc), Common Stock Purchase Agreement (Fusion Telecommunications International Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Medicalcv Inc), Purchase Agreement (Tut Systems Inc), Securities Purchase Agreement (Digital Recorders Inc)
Non-Public Information. The Company covenants and agrees that neither it Neither the Company, nor any other Person acting on its behalf behalf, will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such the Purchaser shall have executed entered into a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each the Purchaser shall be is relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 4 contracts
Sources: Share Purchase Agreement (SurePure, Inc.), Share Purchase Agreement (SurePure, Inc.), Share Purchase Agreement (SurePure, Inc.)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Ads in Motion, Inc.), Securities Purchase Agreement (Ads in Motion, Inc.), Securities Purchase Agreement (Ads in Motion, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities Common Stock of the Company.
Appears in 4 contracts
Sources: Common Stock Purchase Agreement (Consumer Direct of America), Common Stock Purchase Agreement (Consumer Direct of America), Common Stock Purchase Agreement (Shearson Financial Network Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each such Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Knobias, Inc.), Securities Purchase Agreement (Zone Mining LTD), Securities Purchase Agreement (Pipeline Data Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf has provided or will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Avi Biopharma Inc), Securities Purchase Agreement (Avi Biopharma Inc), Securities Purchase Agreement (Supergen Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public informationinformation except as required by this Agreement, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser the Purchasers shall be relying on the foregoing representations in effecting transactions in the securities of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Reach Messaging Holdings, Inc.), Securities Purchase Agreement (Wizzard Software Corp /Co), Securities Purchase Agreement (Sino Clean Energy Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be reasonably relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 4 contracts
Sources: Securities Purchase Agreement (China Bak Battery Inc), Securities Purchase Agreement (China Bak Battery Inc), Securities Purchase Agreement (InPlay Technologies, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 4 contracts
Sources: Purchase Agreement (Intercloud Systems, Inc.), Securities Purchase Agreement (Max Sound Corp), Securities Purchase Agreement (Max Sound Corp)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will after the date hereof provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals Inc.), Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals Inc.), Preferred Stock and Warrant Purchase Agreement (TRUEYOU.COM)
Non-Public Information. The Company covenants and agrees that ----------------------- neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Elinear Inc), Secured Convertible Debenture Purchase Agreement (Achievement Tech Holdings Inc /Id/), Securities Purchase Agreement (Sinovac Biotech LTD)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf director or officer of the Company will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem Corp)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any the Purchaser or its his agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Clean Power Technologies Inc.), Securities Purchase Agreement (Clean Power Technologies Inc.), Stock Purchase Agreement (Clean Power Technologies Inc.)
Non-Public Information. The Company covenants and agrees that neither ---------------------- it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (American Technology Corp /De/), Securities Purchase Agreement (Cytogen Corp), Securities Purchase Agreement (Elinear Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide or has provided any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public informationinformation (other than the contemplated Transaction Documents and the transactions contemplated thereby), unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (Neomagic Corp)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such the Purchaser shall have executed a written agreement regarding the confidentiality and use of such the information. The Company understands and confirms that each Purchaser the Purchasers shall be relying on the foregoing covenant and representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Common Stock and Warrant Purchase Agreement (Chatsworth Data Solutions, Inc.), Common Stock Purchase Agreement (Chatsworth Data Solutions, Inc.), Common Stock and Warrant Purchase Agreement (Adera Mines LTD)
Non-Public Information. The Company covenants and agrees that from and after the date hereof, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Crestview Capital Master LLC), Securities Purchase Agreement (Chembio Diagnostics, Inc.), Securities Purchase Agreement (Chembio Diagnostics, Inc.)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any the Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Mercurity Fintech Holding Inc.), Securities Purchase Agreement (Mercurity Fintech Holding Inc.), Securities Purchase Agreement (Mercurity Fintech Holding Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor will not and will not direct any other Person acting on its behalf will to, provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (RCG Companies Inc), Securities Purchase Agreement (RCG Companies Inc), Securities Purchase Agreement (RCG Companies Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser provide, Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Daystar Technologies Inc), Preferred Stock Purchase Agreement (Advaxis, Inc.), Preferred Stock Purchase Agreement (Advaxis, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company. 4.6 Use of Proceeds. See Schedule 4.7.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Accupoll Holding Corp), Securities Purchase Agreement (Accupoll Holding Corp), Securities Purchase Agreement (Accupoll Holding Corp)
Non-Public Information. The Company covenants and agrees that that, except as specifically contemplated by the Transaction Documents, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Know Labs, Inc.), Securities Purchase Agreement, Securities Purchase Agreement (Know Labs, Inc.)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Subscription Agreement (Synlogic, Inc.), Subscription Agreement (Cidara Therapeutics, Inc.), Subscription Agreement (Genocea Biosciences, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its or their behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Intraop Medical Corp), Common Stock Purchase Agreement (Intraop Medical Corp), Common Stock Purchase Agreement (Intraop Medical Corp)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement confirmed with the Company in writing regarding the confidentiality and use material non-public nature of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Bioptix, Inc.), Securities Purchase Agreement (Bioptix, Inc.), Securities Purchase Agreement (Bioptix, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed to receive such information. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Subscription Agreement (XRG Inc), Subscription Agreement (XRG Inc), Subscription Agreement (XRG Inc)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, which shall be disclosed pursuant to Section 4.3, the Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any the Purchaser or his, her, or its agents or counsel with any information that constitutes, or that the Company reasonably believes constitutes constitutes, material non-public information, unless prior thereto such the Purchaser shall have executed a written agreement regarding consented in writing to the confidentiality and use receipt of such information. The information and agreed in writing with the Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Companyto keep such information confidential.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Cn Energy Group. Inc.), Securities Purchase Agreement (Cn Energy Group. Inc.), Securities Purchase Agreement (Connexa Sports Technologies Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser the Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser the Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Xethanol Corp), Securities Purchase Agreement (Organic to Go Food CORP)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its Purchasers agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Purchaser, its agents, or counsel shall have executed a written agreement regarding the confidentiality and use of such information. The Company Purchaser understands and confirms that each Purchaser the Company shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Shares and Warrant Purchase Agreement (Xfone Inc), Shares and Warrant Purchase Agreement (Xfone Inc), Shares and Warrant Purchase Agreement (Xfone Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Buyer or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Buyer shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Buyer shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Universal Fog Inc), Securities Purchase Agreement (Universal Fog Inc), Securities Purchase Agreement (Universal Fog Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser the Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser the Investor shall have executed a written agreement regarding the confidentiality and use of such information (including agreement not to trade Company securities while in possession of such information). The Company understands and confirms that each Purchaser the Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Boxlight Corp), Securities Purchase Agreement (Boxlight Corp), Securities Purchase Agreement (Boxlight Corp)
Non-Public Information. The Following the issuance of the press release contemplated by Section 4.4, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed entered into a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Invivo Therapeutics Holdings Corp.), Securities Purchase Agreement (Invivo Therapeutics Holdings Corp.)
Non-Public Information. The Company covenants and agrees that ---------------------- neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Act Teleconferencing Inc), Securities Purchase Agreement (Storage Computer Corp)
Non-Public Information. The Company covenants represents and agrees warrants that neither it nor nor, to the best of its knowledge, any other Person acting on its behalf will provide behalf, has provided any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms acknowledges that each Purchaser shall be is relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Auto Data Network), Securities Purchase Agreement (Electronic Game Card Inc)
Non-Public Information. The Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenant in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Neuralstem, Inc.), Securities Purchase Agreement (Genspera Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. On and after the Closing Date, neither Purchaser nor any Affiliate of Purchaser shall have any duty of trust or confidence that is owed directly, indirectly, or derivatively, to the Company or the stockholders of the Company, or to any other Person who is the source of material non-public information regarding the Company. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (HeartCore Enterprises, Inc.), Securities Purchase Agreement (HeartCore Enterprises, Inc.)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that constitutes, or the Company reasonably believes constitutes constitutes, material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding consented to the confidentiality and use receipt of such information. The information and agreed with the Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Companyto keep such information confidential.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Provention Bio, Inc.), Securities Purchase Agreement (Beam Therapeutics Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use agreed in writing to receive such information or has designated an agent of Purchaser to receive such informationinformation on its behalf. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Subscription Agreement (Irvine Sensors Corp/De/), Subscription Agreement (Irvine Sensors Corp/De/)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf behalf, will provide any the Purchaser or its agents or counsel with any information that constitutes, or the Company reasonably believes constitutes constitutes, material non-public information, unless prior thereto such the Purchaser shall have executed a written agreement regarding consented to the confidentiality and use receipt of such information. The information and agreed with the Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Companyto keep such information confidential.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Avidity Biosciences, Inc.), Securities Purchase Agreement (Provention Bio, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (China Power Technology, Inc.), Securities Purchase Agreement (China Packaging Group Inc.)
Non-Public Information. The Other than as provided pursuant to written confidentiality agreements between the Company covenants and agrees the Investors, the Company confirms that neither it nor any other Person acting on its behalf will provide has provided any Purchaser Investor or its respective agents or counsel with any information that the Company believes constitutes material material, non-public informationinformation concerning the Company, unless prior thereto such Purchaser shall have executed a written agreement regarding except insofar as the confidentiality existence and use terms of the proposed transactions contemplated hereunder may constitute such information. The Company understands and confirms that each Purchaser shall be relying the Investors will rely on the foregoing representations and covenants in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Commerce Planet), Securities Purchase Agreement (Commerce Planet)
Non-Public Information. The Company covenants and agrees that that, following the disclosure described in Section 4.4 hereof, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Clinical Data Inc), Securities Purchase Agreement (Saflink Corp)
Non-Public Information. The Company covenants and agrees that other than as it relates to the Transaction Documents neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Subscription Agreement (Metron Technology N V), Subscription Agreement (Metron Technology N V)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information or shall have otherwise expressly agreed or undertaken to maintain the confidentiality of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Common Stock and Warrant Purchase Agreement, Common Stock and Warrant Purchase Agreement (Antares Pharma Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser provided Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding information relating to the confidentiality and use of such informationCompany. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions subscribing for Units in securities of the CompanyOffering.
Appears in 2 contracts
Sources: Subscription Agreement (Commercetel Corp), Subscription Agreement (Commercetel Corp)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, which shall be disclosed pursuant to Section 4.3, the Company covenants and agrees that neither it it, nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that constitutes, or the Company reasonably believes constitutes constitutes, material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding consented to the confidentiality and use receipt of such information. The information and agreed with the Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Companyto keep such information confidential.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Ohr Pharmaceutical Inc), Securities Purchase Agreement (Ohr Pharmaceutical Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information in which such Purchaser specifically agrees to receive such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations covenants in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Emagin Corp), Securities Purchase Agreement (Emagin Corp)
Non-Public Information. The Company covenants and agrees that that, except as otherwise contemplated by the Transaction Documents, neither it nor any other Person acting on its behalf will provide any Purchaser New Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser New Investor shall have executed a indicated that it desires to receive material non-public information and written agreement regarding the confidentiality and use of such informationinformation shall then be in effect. The Company understands and confirms that each Purchaser New Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Preferred Stock and Warrant Purchase Agreement (Bluefly Inc), Preferred Stock and Warrant Purchase Agreement (Soros Fund Management LLC)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. On and after the date hereof, neither Purchaser nor any Affiliate of Purchaser shall have any duty of trust or confidence that is owed directly, indirectly, or derivatively, to the Company or the stockholders of the Company, or to any other Person who is the source of material non-public information regarding the Company. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Tivic Health Systems, Inc.), Securities Purchase Agreement (Alzamend Neuro, Inc.)
Non-Public Information. The Company covenants and agrees that that, following the Closing, neither it nor any other Person acting on its behalf will provide any Purchaser investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Subscription Agreement (I Trax Inc), Subscription Agreement (I Trax Inc)
Non-Public Information. The Company covenants and agrees that neither it nor and its employees, officers and directors will not, and it will not authorize any other Person acting on its behalf will to provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Nutracea), Securities Purchase Agreement (Nutracea)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed in writing to receive such information. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Subscription Agreement (Viragen International Inc), Subscription Agreement (Viragen International Inc)
Non-Public Information. The Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Agreements, and the information set forth on the Disclosure Schedule, the Company represents, covenants and agrees that neither it nor any other Person person acting on its behalf will provide has provided any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations representation and covenant in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Warburg Pincus Private Equity Viii L P), Securities Purchase Agreement (Neurogen Corp)
Non-Public Information. The Except with regard to the Transactions, the Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser the Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser the Investor, shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser the Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.. Notwithstanding the foregoing, the Investor Directors will not be restricted from receiving material non-public information in connection with their duties as directors of the Company;
Appears in 2 contracts
Sources: Convertible Note Purchase Agreement (Ecotality, Inc.), Securities Purchase Agreement (Ecotality, Inc.)
Non-Public Information. The Company covenants and agrees that that, following the disclosure described in the first sentence of Section 4.4 hereof, neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Clinical Data Inc), Securities Purchase Agreement (Clinical Data Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser the Investor or its agents or counsel with any information that the Company believes constitutes material material, non-public informationinformation (i) without the prior written consent of the Investor, unless prior thereto and (ii) without publicly disclosing such Purchaser shall have executed a written agreement regarding information within forty-eight (48) hours of providing the confidentiality and use of such informationinformation to the Investor. The Company understands and confirms that each Purchaser the Investor shall be relying on the foregoing representations representation in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Gse Systems Inc), Securities Purchase Agreement (Gse Systems Inc)
Non-Public Information. The Company covenants and agrees that that, except as specifically contemplated by the Transaction Documents, neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Research Solutions, Inc.), Securities Purchase Agreement (U.S. China Mining Group, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Investor shall have expressly consented to such disclosure and have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Gulfslope Energy, Inc.), Securities Purchase Agreement (Digital Recorders Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will will, provide any Purchaser Investor or its agents or counsel with any information that the Company believes or reasonably should believe constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. On and after the Effective Date, neither Investor nor any Affiliate Investor shall have any duty of trust or confidence that is owed directly, indirectly, or derivatively, to the Company or the shareholders of the Company, or to any other Person who is the source of material non-public information regarding the Company. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Advanced Cell Technology, Inc.), Preferred Stock Purchase Agreement (Advanced Cell Technology, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person person acting on its behalf will provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality agreed in writing to receive such information and use of such informationhold it in confidence. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Subscription Agreement (Techedge Inc), Subscription Agreement (Techedge Inc)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (3do Co), Securities Purchase Agreement (3do Co)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser the Investor or its agents or counsel with any information that the Company believes constitutes material material, non-public information. To the extent the Company provides the Investor with material, non-public information, unless prior thereto the Company shall publicly disclose such Purchaser shall have executed a written agreement regarding information within forty eight (48) hours of providing the confidentiality and use of such informationinformation to the Investor. The Company understands and confirms that each Purchaser the Investor shall be relying on the foregoing representations representation in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Seelos Therapeutics, Inc.), Securities Purchase Agreement (Seelos Therapeutics, Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any the Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.. The Purchaser covenants with the Company as follows:
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Viragen Inc), Common Stock Purchase Agreement (Lumenon Innovative Lightwave Technology Inc)
Non-Public Information. The Company covenants and agrees that except for the Disclosure Materials, neither it nor any other Person person acting on its behalf will at any time provide any Purchaser Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser Subscriber shall have executed a written agreement regarding the confidentiality and use of agreed in writing to accept such information. The Company understands and confirms that each Purchaser Subscriber shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Subscription Agreement (Upay), Subscription Agreement (Iho-Agro International Inc.)
Non-Public Information. The Company covenants and agrees that neither it nor any other Person acting on its behalf will provide any Purchaser Investor or its agents or counsel with any information that the Company believes or reasonably should believe constitutes material non-public information, unless prior thereto such Purchaser Investor shall have executed a written agreement regarding the confidentiality and use of such information. On and after the Effective Date, neither Investor nor any Affiliate Investor shall have any duty of trust or confidence that is owed directly, indirectly, or derivatively, to the Company or the stockholders of the Company, or to any other Person who is the source of material non-public information regarding the Company. The Company understands and confirms that each Purchaser Investor shall be relying on the foregoing representations in effecting transactions in securities of the Company.
Appears in 2 contracts
Sources: Stock Purchase Agreement (POSITIVEID Corp), Preferred Stock Purchase Agreement (POSITIVEID Corp)