Common use of Representation by the Holder Clause in Contracts

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 4942 contracts

Sources: Common Stock Purchase Warrant (Smith Micro Software, Inc.), Common Stock Purchase Warrant (Smith Micro Software, Inc.), Warrant Agreement (Phio Pharmaceuticals Corp.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares ADSs issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares ADSs or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 193 contracts

Sources: Security Agreement (Akari Therapeutics PLC), Security Agreement (Akari Therapeutics PLC), Security Agreement (Akari Therapeutics PLC)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant or Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 58 contracts

Sources: Underwriting Agreement (Eastern International Ltd.), Underwriting Agreement (Eastern International Ltd.), Security Agreement (Zhibao Technology Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 40 contracts

Sources: Common Stock Purchase Warrant (Assembly Biosciences, Inc.), Common Stock Purchase Warrant (Assembly Biosciences, Inc.), Common Stock Purchase Warrant (Assembly Biosciences, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state or provincial securities lawlaws, except pursuant to sales registered or exempted under the Securities ActAct and any applicable state or provincial securities laws.

Appears in 14 contracts

Sources: Security Agreement (Bionik Laboratories Corp.), Security Agreement (Bionik Laboratories Corp.), Securities Agreement (Aralez Pharmaceuticals Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act. Section 5.

Appears in 14 contracts

Sources: Second Lien Indenture (Luminar Technologies, Inc./De), Placement Agent’s Warrant Agreement (Sadot Group Inc.), Common Stock Purchase Warrant (Greenidge Generation Holdings Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or Warrant Shares; provided that this representation shall not be breached by any part thereof in violation act of the Holder that complies with the Securities Act or and any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 13 contracts

Sources: Security Agreement (Streamtrack, Inc.), Securities Purchase Agreement (New Leaf Brands, Inc.), Securities Purchase Agreement (Xsunx Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted exempt under the Securities Act.

Appears in 12 contracts

Sources: Security Agreement (Theriva Biologics, Inc.), Security Agreement (Palatin Technologies Inc), Securities Agreement (Palatin Technologies Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that (x) it is acquiring this Warrant andfor its own account and not with a view to or for distributing or reselling this Warrant and (y), upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities ActAct and any applicable state securities law.

Appears in 11 contracts

Sources: Warrant Agreement (Millennium Healthcare Inc.), Security Agreement (PLC Systems Inc), Securities Agreement (PLC Systems Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereofhereof (other than upon a cashless exercise pursuant to Section 2(c)), will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 10 contracts

Sources: Security Agreement (United States Antimony Corp), Security Agreement (United States Antimony Corp), Security Agreement (United States Antimony Corp)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. ​

Appears in 8 contracts

Sources: Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.), Representative Warrant Agreement (Vision Marine Technologies Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act of 1933, as amended (the “Securities Act”) or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 8 contracts

Sources: Warrant Agreement (NewsBeat Social, Inc.), Equity Underwriting Agreement (Vascular Biogenics Ltd.), Warrant Agreement (Vascular Biogenics Ltd.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it he is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its his own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 7 contracts

Sources: Placement Agent Agreement (ProFrac Holding Corp.), Placement Agreement (ProFrac Holding Corp.), Security Agreement (NovaBay Pharmaceuticals, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares Units issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Units or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 7 contracts

Sources: Warrant Agreement (Intuitive Machines, Inc.), Warrant Agreement (Intuitive Machines, Inc.), Warrant Agreement (Intuitive Machines, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Placement Agent Warrant and, upon any exercise hereof, will acquire the Placement Agent Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Placement Agent Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 7 contracts

Sources: Placement Agent Warrant (General Enterprise Ventures, Inc.), Placement Agent Warrant (Marizyme, Inc.), Placement Agent Warrant (Marizyme, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 6 contracts

Sources: Ordinary Share Purchase Warrant (Jiuzi Holdings, Inc.), Warrant Agreement (Precipio, Inc.), Pre Funded Common Stock Purchase Warrant (Apollo Endosurgery, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling this Warrant or such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 6 contracts

Sources: Security Agreement (NeuBase Therapeutics, Inc.), Security Agreement (NeuBase Therapeutics, Inc.), Security Agreement (NeuBase Therapeutics, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered under or exempted from registration under the Securities Act.

Appears in 6 contracts

Sources: Warrant Agreement (ABT Holdings, Inc.), Warrant Agreement (ABT Holdings, Inc.), Security Agreement (Content Checked Holdings, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares Securities issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Securities or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 5 contracts

Sources: Warrant Agreement (Pyxis Tankers Inc.), Placement Agency Agreement (Pyxis Tankers Inc.), Underwriting Agreement (Fat Brands, Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrants or Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities lawlaw or Canadian Securities Laws, except pursuant to sales registered or exempted under the Securities Act, Canadian Securities Laws, in compliance with the Purchase Agreement.

Appears in 5 contracts

Sources: Security Agreement (Psyence Biomedical Ltd.), Security Agreement (Psyence Biomedical Ltd.), Security Agreement (Psyence Biomedical Ltd.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, law except pursuant to sales registered or exempted exempt under the Securities Act.

Appears in 5 contracts

Sources: Pre Funded Common Stock Agreement (Incannex Healthcare Inc.), Amended and Restated Purchase Agreement (Nvni Group LTD), Placement Agent Ordinary Share Purchase Warrant (Nvni Group LTD)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it [he/she/it] is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its [its/his/her] own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Niocorp Developments LTD), Securities Purchase Agreement (Niocorp Developments LTD), Securities Purchase Agreement (Tanzanian Gold Corp)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant andWarrant, and upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 5 contracts

Sources: Security Agreement (Mill City Ventures III, LTD), Security Agreement (Mill City Ventures III, LTD), Security Agreement (Mill City Ventures III, LTD)

Representation by the Holder. The Holder, Holder by the acceptance hereof, represents and warrants that it is acquiring this the Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Warrants Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 5 contracts

Sources: Warrant Agreement (Agritech Worldwide, Inc.), Warrant Agreement (Agritech Worldwide, Inc.), Warrant Agreement (Z Trim Holdings, Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that he, she or it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 4 contracts

Sources: Merger Agreement (Camden Learning CORP), Security Agreement (National American University Holdings, Inc.), Agreement and Plan of Reorganization (Camden Learning CORP)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Incremental Warrant and, upon any exercise hereof, will acquire the Warrant Shares Notes issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Notes or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 4 contracts

Sources: Security Agreement (Freight Technologies, Inc.), Security Agreement (Autozi Internet Technology (Global) Ltd.), Security Agreement (La Rosa Holdings Corp.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted exempt from registration under the Securities Act.

Appears in 4 contracts

Sources: Common Stock Purchase Agreement (Kiora Pharmaceuticals Inc), Warrant Agreement (Jeffs' Brands LTD), Security Agreement (Panacea Life Sciences Holdings, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable provincial, state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (INNOCAN PHARMA Corp), Underwriting Agreement (Foremost Lithium Resource & Technology Ltd.), Warrant Agreement (Foremost Lithium Resources & Technology Ltd.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares ADSs or Exchange Warrants issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares ADSs or Exchange Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 4 contracts

Sources: Security Agreement (Quoin Pharmaceuticals, Ltd.), Security Agreement (Quoin Pharmaceuticals, Ltd.), Security Agreement (Quoin Pharmaceuticals, Ltd.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it the Holder is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 4 contracts

Sources: Security Agreement (GeoVax Labs, Inc.), Security Agreement (GeoVax Labs, Inc.), Security Agreement (GeoVax Labs, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Incremental Warrant and, upon any exercise hereof, will acquire the Notes and Common Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Notes and Common Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 4 contracts

Sources: Security Agreement (Interactive Strength, Inc.), Securities Agreement (Interactive Strength, Inc.), Security Agreement (Interactive Strength, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act of 1933, as amended, or any applicable state securities law, except pursuant to sales registered or exempted under the Securities ActAct of 1933, as amended.

Appears in 3 contracts

Sources: Common Stock Purchase Warrant (Conkwest, Inc.), Warrant Agent Agreement (Quotient LTD), Ordinary Share Purchase Warrant (Quotient LTD)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities lawlaw or Canadian Securities Laws, except pursuant to sales registered or exempted under the Securities Act.

Appears in 3 contracts

Sources: Pre Funded Common Share Purchase Warrant (Sphere 3D Corp.), Common Share Purchase Warrant (BriaCell Therapeutics Corp.), Pre Funded Common Share Purchase Warrant (BriaCell Therapeutics Corp.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares Notes issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Notes or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 3 contracts

Sources: Incremental Note Purchase Warrant (Faraday Future Intelligent Electric Inc.), Security Agreement (Maison Solutions Inc.), Security Agreement (Faraday Future Intelligent Electric Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales shares registered or exempted under the Securities Act.

Appears in 3 contracts

Sources: Common Stock Purchase Warrant (Remark Holdings, Inc.), Securities Purchase Agreement (Remark Holdings, Inc.), Common Stock Purchase Warrant (Remark Holdings, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant or Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. Section 5. Registration Rights

Appears in 3 contracts

Sources: Underwriting Agreement (Society Pass Incorporated.), Underwriting Agreement (Society Pass Incorporated.), Underwriting Agreement (Society Pass Incorporated.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Underwriter’s Warrant and, upon any exercise hereof, will acquire the Warrant Shares Securities issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Securities or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Pyxis Tankers Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares ADSs issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or Warrant ADSs or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Carbon Zero Technologies International Inc.), Underwriting Agreement (Intchains Group LTD)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares ADSs or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (SaverOne 2014 Ltd.), Underwriting Agreement (SaverOne 2014 Ltd.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities ActAct and under applicable state securities laws.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Conversion Labs, Inc.), Common Stock Purchase Warrant (Ritter Pharmaceuticals Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares or Pre-Funded Warrants issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or Pre-Funded Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Warrant Agreement (Achieve Life Sciences, Inc.), Securities Agreement (NLS Pharmaceutics Ltd.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities ActAct.][9] [9] Remove for Series H Warrants.

Appears in 2 contracts

Sources: Security Agreement (Rennova Health, Inc.), Security Agreement (Rennova Health, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities lawlaw or Canadian Securities Laws,, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Security Agreement (Sphere 3D Corp.), Securities Agreement (Sphere 3D Corp.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except law (provided that the Holder may resell the Warrant and the Warrant Shares pursuant to sales registered a registration statement or exempted under the Securities Actotherwise in compliance with applicable securities laws).

Appears in 2 contracts

Sources: Common Share Purchase Warrant (Largo Inc.), Common Share Purchase Warrant (Largo Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Underwriter’s Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or of reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Accelerated Pharma, Inc.), Security Agreement (Accelerated Pharma, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account account, for investment only, and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Placement Agent Agreement (Genprex, Inc.), Placement Agent Agreement (Genprex, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise for cash hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant law (this representation and warranty not limiting such Purchaser’s right to sales registered or exempted under the Securities Actsell such Warrant Shares in compliance with applicable federal and state securities laws).

Appears in 2 contracts

Sources: Common Stock Purchase Agreement (Immuneering Corp), Security Agreement (Immuneering Corp)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Broker Warrant and, upon any exercise hereof, will acquire the Warrant Broker Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Broker Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act. The transfer of this Broker Warrant shall also be conditioned upon the transferee making similar representations to the Company.

Appears in 2 contracts

Sources: Broker Purchase Warrant (Angion Biomedica Corp.), Broker Purchase Warrant (Angion Biomedica Corp.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act, and that the Holder is able to bear the economic risk of its investment in the Warrant Shares.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Ireland Inc.), Securities Agreement (Ireland Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Purchase Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Purchase Warrant (Unique Fabricating, Inc.), Purchase Warrant (Unique Fabricating, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereofhereof (other than pursuant to a Cashless Exercise), will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Security Agreement (Digital Ally Inc), Security Agreement (Digital Ally Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that he, she or it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its his own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Securities Agreement (Summit Wireless Technologies, Inc.), Security Agreement (Summit Wireless Technologies, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the shares of Warrant Shares Stock issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such shares of Warrant Shares Stock or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (ALT5 Sigma Corp), Common Stock Purchase Warrant (ALT5 Sigma Corp)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares and/or Pre-Funded Warrants issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares and/or Pre-Funded Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Securities Agreement (SmartKem, Inc.), Securities Agreement (SmartKem, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant Purchase Option and, upon any exercise hereof, will acquire the Warrant Shares Units issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Units or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 2 contracts

Sources: Security Agreement (INVO Bioscience, Inc.), Security Agreement (INVO Bioscience, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it the Holder is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its the Holder’s own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Qualigen Therapeutics, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Security Agreement (VIQ Solutions Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. Ex. A-13

Appears in 1 contract

Sources: Underwriting Agreement (Marpai, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Underwriter's Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Pyxis Tankers Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. 12

Appears in 1 contract

Sources: Securities Agreement (Jayhawk Energy, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered law or exempted under the Securities ActCanadian securities laws. Any resales shall be made in accordance with applicable securities laws.

Appears in 1 contract

Sources: Loan Agreement (High Tide Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a JanOne Common Stock Purchase Warrant.February 2024.1 11 view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (JanOne Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in 12 violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Security Agreement

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the U.S. Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the U.S. Securities Act.

Appears in 1 contract

Sources: Common Share Purchase Warrant (Damon Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, exercise for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales sale registered or exempted exempt under the Securities Act.

Appears in 1 contract

Sources: Security Agreement (American Resources Corp)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing distribution or reselling of such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Security Agreement (Aspen Group, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.Act.]7

Appears in 1 contract

Sources: Warrant Agency Agreement (Fossil Canada, Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Actaccount.

Appears in 1 contract

Sources: Warrant to Purchase Common Stock (Vincerx Pharma, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or o.r any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: American Depositary Share Agreement (SOS LTD)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant the Warrants and, upon any exercise hereofthereof, will acquire the Warrant Shares shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Warrants or shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Credit Agreement (Retrophin, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares Notes and Warrants issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Notes and Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Securities Agreement (Momentus Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.]

Appears in 1 contract

Sources: Security Agreement (AzurRx BioPharma, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.ò䀄怅瀁ကM

Appears in 1 contract

Sources: Securities Agreement (Parallax Health Sciences, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire willacquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of violationof the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Warrant Agreement (Vitro Biopharma, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act. 13 Remove from Placement Agent Warrant.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (AzurRx BioPharma, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant or Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act. Section 5.

Appears in 1 contract

Sources: Securities Agreement (Electriq Power Holdings, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.Act.]4

Appears in 1 contract

Sources: Warrant Agency Agreement (Fossil Canada, Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.with

Appears in 1 contract

Sources: Securities Agreement (Aeterna Zentaris Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. 23769/00600/FW/22893596.2 13

Appears in 1 contract

Sources: Warrant Agreement (GoPro, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. f)

Appears in 1 contract

Sources: Posting Agreement (Jet Token Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its Holder’s own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (NantKwest, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act. Section 5. [Intentionally Left Blank].

Appears in 1 contract

Sources: Security Agreement (Atlas Lithium Corp)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereofhereof (other than pursuant to a cashless exercise), will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Digital Ally Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, in compliance with the Securities Act and for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Placement Agent Common Stock Agreement (SenesTech, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. ​ ​

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Brainstorm Cell Therapeutics Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except law (provided that the Holder may resell the Warrant and the Warrant Shares pursuant to sales registered an effective registration statement or exempted under the Securities Actotherwise in compliance with applicable federal and state securities laws).

Appears in 1 contract

Sources: Common Share Purchase Warrant (XORTX Therapeutics Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares ADSs issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Warrant (Belite Bio, Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares Units issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares Units or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Securities Agreement (Trans Lux Corp)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.]4 / [Compliance with the Securities Act.

Appears in 1 contract

Sources: Security Agreement (Inflection Point Acquisition Corp. III)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.law.]6

Appears in 1 contract

Sources: Security Agreement (Tenax Therapeutics, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares and/or Prefunded Warrants issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares and/or Prefunded Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Molecular Templates, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities ActLaw.

Appears in 1 contract

Sources: Pre Funded Warrant Agreement (Banzai International, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.. JanOne Form 8-K (May 1, 2024) exhibit 4.6 10

Appears in 1 contract

Sources: Common Stock Purchase Warrant (JanOne Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereofhereof (other than upon a “cashless exercise” as provided in Section 2(c)), will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Transportation & Logistics Systems, Inc.)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Regenerx Biopharmaceuticals Inc)

Representation by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Actexempted.

Appears in 1 contract

Sources: Security Agreement (Jacksam Corp)