Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment is unconditional and absolute regardless of the effect of any such dilution.
Appears in 3 contracts
Samples: Stock Exchange Agreement (Webb Interactive Services Inc), Exchange Agreement (Webb Interactive Services Inc), Exchange Agreement (Webb Interactive Services Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of the Conversion Shares upon conversion of the Preferred Shares in accordance with the terms of the Certificate of Designation and the issuance of the Warrant Shares upon exercise of the Warrants may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms upon conversion of the Series B-2 Articles Preferred Shares and to issue Warrant Shares upon exercise of Amendment the Warrants is unconditional and absolute regardless of the effect of any such dilution.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Orthologic Corp), Securities Purchase Agreement (Secure Computing Corp)
Acknowledgement of Dilution. The Company understands and acknowledges that the --------------------------- potentially dilutive effect to the Common Stock upon the issuance of the Conversion Shares may result in dilution upon conversion of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditionsSecurities. The Company further acknowledges that its obligation to issue the Conversion Shares upon conversion of the Securities in accordance with this Agreement and the terms Certificate of the Series B-2 Articles of Amendment Designation is absolute and unconditional and absolute regardless of the dilutive effect that such issuance may have on the ownership interests of any such dilutionother stockholders of the Company.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Uniview Technologies Corp), Securities Purchase Agreement (Uniview Technologies Corp)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of the Conversion Shares upon conversion of the Preferred Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue the Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment Preferred Shares is unconditional and absolute regardless of the effect of any such dilution.
Appears in 2 contracts
Samples: Series B Convertible Preferred Stock Purchase Agreement (GEM Surgilight Investors, LLC), Series B Convertible Preferred Stock Purchase Agreement (Surgilight Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion Shares or Warrant Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles Certificate of Amendment Designation and Warrant Shares in accordance with the terms of the Warrants, is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Samples: Securities Purchase Agreement (Asymetrix Learning Systems Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion Shares or Warrant Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles Certificate of Amendment Designation and Warrant Shares in accordance with the terms of the Warrant, is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pilot Network Services Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion Shares or Warrant Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment and Warrant Shares in accordance with the terms of the Warrants, is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Samples: Securities Purchase Agreement (Webb Interactive Services Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion the Underlying Shares upon conversion of the Preferred Stock may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that that, subject to the terms of the Certificate of Amendment and applicable law, after the Closing its obligation to issue Conversion Underlying Shares in accordance with the terms of the Series B-2 Articles of Amendment Preferred Stock is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Psinet Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of the Conversion Shares upon conversion of the Debentures may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms upon conversion of the Series B-2 Articles of Amendment Debentures is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of the Conversion Shares and Warrant Shares upon the conversion or exercise of the Purchased Securities may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with upon the terms conversion or exercise of the Series B-2 Articles of Amendment Purchased Securities is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alydaar Software Corp /Nc/)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion Shares and/or Warrant Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that any such dilution shall not relieve the Company of its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment is unconditional Debenture and absolute regardless Warrant Shares in accordance with the terms of the effect of any such dilutionWarrant.
Appears in 1 contract
Samples: Purchase Agreement (I Trax Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of the Conversion Shares upon conversion of the Preferred Shares and issuance of Warrant Shares upon exercise of the Warrants may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment and to issue Warrant Shares in accordance with the terms of the Warrants, is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of Conversion Shares or Warrant Shares may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment and Warrant Shares in accordance with the terms of the Warrants, is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Samples: Securities Purchase Agreement (Webb Interactive Services Inc)
Acknowledgement of Dilution. The Company acknowledges that the --------------------------- issuance of the Conversion Shares may result in substantial dilution to the holders of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Conversion Shares in accordance with the terms of the Series B-2 Articles of Amendment is unconditional and absolute regardless of the effect of any such dilution.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Kolorfusion International Inc)