Examples of Commitment Shares in a sentence
The Company shall have obtained all permits and qualifications required by any applicable state for the offer and sale of all of the Commitment Shares (unless all of the Commitment Shares have previously been sold as of the applicable Condition Satisfaction Date) and all of the Common Shares issuable pursuant to such Advance Notice, or shall have the availability of exemptions therefrom.
The sale and issuance of the Commitment Shares (unless all of the Commitment Shares have previously been sold as of the applicable Condition Satisfaction Date) and of such Common Shares shall be legally permitted by all laws and regulations to which the Company is subject.
There is an effective Registration Statement pursuant to which the Investor is permitted to utilize the prospectus thereunder to resell all of the Commitment Shares (unless all of the Commitment Shares have previously been sold as of the applicable Condition Satisfaction Date) and all of the Common Shares issuable pursuant to such Advance Notice.
No fractional shares shall be issued in respect of the Commitment Fee, and the Commitment Shares to be issued hereunder shall be rounded up to next whole share if necessary to avoid issuing fractional shares in respect of the Commitment Fee.
The Company shall have issued the Commitment Shares to an account designated by the Investor, in accordance with Section 12.04, all of which Commitment Shares shall be fully earned and non-refundable, regardless of whether any Advance Notices are made or settled hereunder or any subsequent termination of this Agreement.