Common use of Underwriter Liability Clause in Contracts

Underwriter Liability. Purchaser understands that it is the position of the SEC that the Purchaser is an underwriter within the meaning of Section 2(11) of the Securities Act and that the Purchaser will be identified as an underwriter of the Draw Down shares of Common Stock in the Registration Statement subject to liability as an underwriter under the applicable provision of the Securities Act and is subject to prospectus delivery requirement of the Securities Act.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (On2 Technologies Inc)

Underwriter Liability. Purchaser understands that it is the position of the SEC that the Purchaser is an underwriter within the meaning of Section 2(11) of the Securities Act and that the Purchaser will be identified as an underwriter of the Draw Down shares of Common Stock in the Registration Statement subject to liability as an underwriter under the applicable provision of the Securities Act and is subject to prospectus delivery requirement of the Securities ActStatement.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (On2com Inc)