Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 16.
Appears in 8 contracts
Sources: Warrant to Purchase Common Stock, Common Stock Purchase Warrant (Anacor Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Anacor Pharmaceuticals, Inc.)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 16SECTION 17.
Appears in 8 contracts
Sources: Loan and Security Agreement (Combinatorx, Inc), Preferred Stock Purchase Warrant (NxStage Medical, Inc.), Preferred Stock Purchase Warrant (NxStage Medical, Inc.)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 7 contracts
Sources: Common Stock Purchase Warrant (Care.com Inc), Common Stock Purchase Warrant (Care.com Inc), Loan and Security Agreement (ARYx Therapeutics, Inc.)
Private Issue. The Holder understands (i) that neither the Common Stock issuance of this Warrant nor the issuance of any shares of the Company’s capital stock issuable upon exercise of the Holder’s rights contained herein is not has been registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance issuances contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set of the Holderset forth in this Section 1617.
Appears in 6 contracts
Sources: Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1615.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (Anacor Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Hemosense Inc), Common Stock Purchase Warrant (NameMedia, Inc.)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground grounds that the issuance contemplated by this Warrant will be exempt from the registration and qualifications qualification requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 16.
Appears in 4 contracts
Sources: Loan Agreement (Erin Energy Corp.), Financing Support Agreement (Erin Energy Corp.), Common Stock Purchase Warrant (Erin Energy Corp.)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 16.
Appears in 4 contracts
Sources: Loan Agreement (Invuity, Inc.), Preferred Stock Purchase Warrant (Invuity, Inc.), Preferred Stock Purchase Warrant (On Deck Capital Inc)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1619.
Appears in 4 contracts
Sources: Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.), Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.), Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.)
Private Issue. The Holder understands (i) that the Warrant and the Common Stock issuable upon exercise of the Holder’s rights contained herein is this Warrant are not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 168.
Appears in 4 contracts
Sources: Warrant Agreement (Andover Medical, Inc.), Warrant Agreement (Andover Medical, Inc.), Warrant Agreement (Andover Medical, Inc.)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein this Warrant is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 163.
Appears in 4 contracts
Sources: Investment Agreement (Pazoo, Inc.), Investment Agreement (Pazoo, Inc.), Investment Agreement (Pazoo, Inc.)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 16.
Appears in 3 contracts
Sources: Common Stock Purchase Warrant (Blue Fire Equipment Corp), Common Stock Purchase Warrant (Rigel Pharmaceuticals Inc), Common Stock Purchase Warrant (Rigel Pharmaceuticals Inc)
Private Issue. The Holder understands (i) that neither the Common Stock issuance of this Warrant nor the issuance of any shares of the Company’s capital stock issuable upon exercise of the Holder’s rights contained herein is not has been registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance issuances contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set of the Holderset forth in this Section 1618.
Appears in 3 contracts
Sources: Preferred Stock Purchase Warrant (Fluidigm Corp), Preferred Stock Purchase Warrant (Fluidigm Corp), Preferred Stock Purchase Warrant (Fluidigm Corp)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein this Warrant is not registered under the 1933 Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereofrequirements, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1612.
Appears in 3 contracts
Sources: Stock Subscription Warrant (Curis Inc), Stock Subscription Warrant (Curis Inc), Stock Subscription Warrant (Curis Inc)
Private Issue. The Holder understands (i) that neither this Warrant nor the Common Stock issuable upon exercise of the Holder’s rights contained herein is not this Warrant has been registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by of this Warrant and the issuance of the Common Stock upon exercise hereof will be exempt from the registration and qualifications requirements thereofthereof pursuant to Section 4(2) of the 1933 Act and any applicable state securities laws, and (ii) that the Company’s reliance on such exemption is predicated on the representations and covenants set forth in this Section 1610.
Appears in 3 contracts
Sources: Warrant Agreement (Entrust Inc), Warrant Agreement (Thomas Weisel Partners Group, Inc.), Warrant Agreement (Thomas Weisel Partners Group, Inc.)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Enernoc Inc), Common Stock Purchase Warrant (Enernoc Inc)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications qualification requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1611.
Appears in 2 contracts
Sources: Warrant Agreement (Be Inc), Warrant Agreement (Be Inc)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1614; and (iii) that the shares issuable upon exercise of this Warrant shall bear a legend substantially similar to the legend on the first page of this Warrant.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Biomerica Inc), Common Stock Purchase Warrant (Lancer Orthodontics Inc /Ca/)
Private Issue. The Holder understands (i) that the shares of Common Stock issuable upon exercise of the Holder’s rights contained herein is this Warrant are not registered under the 1933 Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1614.
Appears in 2 contracts
Sources: Warrant Agreement (Avici Systems Inc), Common Stock Purchase Warrant (Omtool LTD)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein and the Conversion Shares is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 16SECTION 18.
Appears in 2 contracts
Sources: Preferred Stock Purchase Warrant (Chemconnect Inc), Preferred Stock Purchase Warrant (Chemconnect Inc)
Private Issue. The Holder understands (i) that the Warrant and the Common Stock issuable upon exercise of the Holder’s rights contained herein this Warrant is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereofthereof pursuant to Section 4(2) of the 1933 Act and any applicable state securities laws, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1610.
Appears in 2 contracts
Sources: License Agreement (Carisma Therapeutics Inc.), License Agreement (Carisma Therapeutics Inc.)
Private Issue. The Holder understands (i) that the Common Stock Preferred Stock, issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Agreement will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 164.
Appears in 2 contracts
Sources: Loan and Security Agreement (Women Com Networks Inc), Warrant Agreement (Women Com Networks Inc)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 2 contracts
Sources: Loan and Security Agreement (GlassHouse Technologies Inc), Loan and Security Agreement (GlassHouse Technologies Inc)
Private Issue. The Holder understands (i) that the Warrant and the Common Stock issuable upon exercise of the Holder’s rights contained herein is this Warrant are not registered under the 1933 Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1610.
Appears in 2 contracts
Sources: Warrant Agreement (Handheld Entertainment, Inc.), Warrant Agreement (Handheld Entertainment, Inc.)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein this Warrant is not registered under the 1933 Securities Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1614.
Appears in 2 contracts
Sources: Warrant Agreement (Fastnet Corp), Warrant Agreement (Fastnet Corp)
Private Issue. The Holder understands (i) that the Common Stock Preferred Shares issuable upon exercise of the Holder’s rights contained herein is are not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 16.
Appears in 2 contracts
Sources: Loan Agreement (Enerkem Inc.), Preferred Share Purchase Warrant (Enerkem Inc.)
Private Issue. The Holder understands (i) that this Warrant and the Common Stock issuable upon exercise of the Holder’s rights contained herein is are not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 1 contract
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1618.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Plumtree Software Inc)
Private Issue. The Holder understands (i) that neither this Warrant nor the Common Stock issuable upon exercise of the Holder’s rights contained herein is not this Warrant has been registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by of this Warrant and the issuance of the Common Stock upon exercise hereof will be exempt from the registration and qualifications requirements thereofthereof pursuant to Section 4(2) of the 1933 Act and any applicable state securities laws, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations and covenants set forth in this Section 1610.
Appears in 1 contract
Sources: Warrant Agreement (Entrust Inc)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1618.
Appears in 1 contract
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated in part on the representations set forth in this Section 1615.
Appears in 1 contract
Sources: Preferred Stock Purchase Warrant (Repeater Technologies Inc)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 16SECTION 17.
Appears in 1 contract
Sources: Warrant Agreement (Redenvelope Inc)
Private Issue. The Holder understands (i) that neither the Common Stock issuance of this Warrant nor the issuance of any shares of the Company’s capital stock issuable upon exercise of the Holder’s rights contained herein is not has been registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance issuances contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations of the Holder set forth in this Section 1618.
Appears in 1 contract
Private Issue. The Holder understands (i) that the Warrant and the Common Stock issuable upon exercise of the Holder’s rights contained herein this Warrant is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereofthereof pursuant to Section 4(2) of the 1933 Act and any applicable state securities laws, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 16.10. Common Stock Warrant 9
Appears in 1 contract
Sources: License Agreement (Histogenics Corp)
Private Issue. The Holder understands (i) that the Common Stock securities issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications qualification requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 1 contract
Sources: Preferred Stock Purchase Warrant (Cerulean Pharma Inc.)
Private Issue. The Holder understands (i) that neither the Shares issuable hereunder nor, if the Class is a series of convertible preferred stock, the shares of Common Stock issuable upon exercise conversion of the Holder’s rights contained herein is not Shares, have been registered under the 1933 Act or qualified under applicable state securities laws laws, on the ground that the issuance contemplated by this Warrant will be exempt from the such registration and qualifications requirements thereofrequirements, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1619.
Appears in 1 contract
Private Issue. The Holder understands (i) that the Common Series B-1 Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Securities Act of 1933, as amended, or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1613.
Appears in 1 contract
Sources: Warrant Agreement (Enernoc Inc)
Private Issue. The Holder understands (i) that none of this Warrant, the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein herein, and the Common Stock issuable upon conversion thereof, is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 16SECTION 18.
Appears in 1 contract
Sources: Loan and Security Agreement (Vnus Medical Technologies Inc)
Private Issue. The Holder understands (i) that the Warrant and the Common Stock issuable upon exercise of the Holder’s rights contained herein this Warrant is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereofthereof pursuant to Section 4(2) of the 1933 Act and any applicable state securities laws, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 16.10. Common Stock Warrant 8
Appears in 1 contract
Sources: License Agreement (Histogenics Corp)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein (and the Common Stock issuable upon conversion of the Preferred Stock) is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section SECTION 16.
Appears in 1 contract
Sources: Preferred Stock Purchase Warrant (Webvan Group Inc)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1612.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Genesis Biopharma, Inc)
Private Issue. The Holder understands (i) that the Warrant and the Common Stock issuable upon exercise of the Holder’s rights contained herein is this Warrant are not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 168.
Appears in 1 contract
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, thereof and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1615.
Appears in 1 contract
Private Issue. The Holder understands (i) that the Common Stock Preferred Stock, issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Agreement will be exempt from the registration and qualifications requirements thereof, ; and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 164.
Appears in 1 contract
Sources: Warrant Agreement (Endwave Corp)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the fee 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 1 contract
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s Warrantholder's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Agreement will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 164.
Appears in 1 contract
Sources: Term Loan Agreement (Vixel Corp)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1618.
Appears in 1 contract
Sources: Preferred Stock Purchase Warrant (Aruba Networks, Inc.)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, ; and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 1 contract
Sources: Preferred Stock Purchase Warrant (NeuroMetrix, Inc.)
Private Issue. The Holder understands (i) that this Warrant and the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein is are not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 16SECTION 17.
Appears in 1 contract
Sources: Loan and Security Agreement (Soundbite Communications Inc)
Private Issue. The Holder understands (i) that the Common Stock issuable upon exercise of the Holder’s rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant will be be. exempt from the registration and qualifications requirements thereof, and (ii) that the Company’s reliance on such exemption is predicated on the representations set forth in this Section 1617.
Appears in 1 contract
Sources: Warrant Agreement (Zipcar Inc)
Private Issue. The Holder understands (i) that the Common Preferred Stock issuable upon exercise of the Holder’s 's rights contained herein is not registered under the 1933 Act or qualified under applicable state securities laws on the ground that the issuance contemplated by this Warrant Agreement will be exempt from the registration and qualifications qualification requirements thereof, and (ii) that the Company’s 's reliance on such exemption is predicated on the representations set forth in this Section 16.
Appears in 1 contract