Common use of Shell Status Clause in Contracts

Shell Status. The Company is not currently an issuer identified in Rule 144(i)(1) under the Securities Act, is subject to the reporting requirements of section 13 or 15(d) of the Exchange Act; has filed all reports and other materials required to be filed by section 13 or 15(d) of the Exchange Act, as applicable, during the preceding twelve (12) months, other than Form 8-K reports; and has filed current “Form 10 information” (as defined in the Securities Act) with the Commission reflecting its status as an entity that is no longer an issuer identified in paragraph Rule 144(i)(1). Purchaser acknowledges and agrees that the representations contained in Section 3.1 shall not modify, amend or affect the Company’s rights to indemnification or to rely on such Purchaser’s representations and warranties contained in this Agreement or any representations and warranties contained in any other Transaction Document or any other document or instrument executed and/or delivered in connection with this Agreement or the consummation of the transactions contemplated hereby.

Appears in 3 contracts

Sources: Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.)