Common use of Acknowledgement of Dilution Clause in Contracts

Acknowledgement of Dilution. The Company acknowledges that the 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 Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 6 contracts

Samples: 2011 Securities Purchase Agreement (Champions Oncology, Inc.), 2013 Securities Purchase Agreement (Champions Oncology, Inc.), Securities Purchase Agreement (Champions Oncology, Inc.)

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Acknowledgement of Dilution. The Company acknowledges that 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 Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, thereof is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)

Acknowledgement of Dilution. The Company acknowledges that the issuance of Warrant Underlying Shares upon (i) conversion of the Debentures and as payment of interest thereon and (ii) exercise of the Warrants 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 Warrant Underlying Shares upon exercise of the Warrants in accordance with the terms of the Warrants, Debentures and the Warrants is unconditional (other than with respect to the conditions set forth in the Warrants) and absolute regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Convertible Debenture Unit Purchase Agreement (Integrated Environmental Technologies, Ltd.), Convertible Debenture Unit Purchase Agreement (Integrated Environmental Technologies, Ltd.)

Acknowledgement of Dilution. The Company acknowledges that the issuance of Warrant Underlying Shares upon (i) conversion of the Preferred Stock and as payment of interest thereon and (ii) 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 Warrant Shares upon exercise of Underlying Shares, as provided in the Warrants in accordance with the terms of the WarrantsTransaction Documents, is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of not and shall not be effected by any such dilution.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Say Yes Foods Inc), Convertible Preferred Stock Purchase Agreement (Say Yes Foods Inc)

Acknowledgement of Dilution. The Company acknowledges that the issuance of the Warrant Shares upon exercise of the Warrants Warrant 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 Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, Warrant is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Registration Rights Agreement (Datametrics Corp)

Acknowledgement of Dilution. The Company acknowledges that the 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 Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, Warrants is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Deep Well Oil & Gas Inc)

Acknowledgement of Dilution. The Company acknowledges that the issuance of Warrant the Underlying Shares upon exercise conversion of the Warrants 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 Warrant Underlying Shares upon exercise of the Warrants in accordance with the terms of the Warrants, Preferred Stock is unconditional (other than with respect to the conditions set forth in the Warrants) 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 Warrant Shares upon exercise in accordance with the provisions of the Warrants (including without limitation provisions that may, under certain circumstances, affect the exercise price and other terms 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 , and that its obligation to issue Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, such provisions is unconditional (other than with respect to the conditions set forth in the Warrants) and absolute regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Click2learn Com Inc)

Acknowledgement of Dilution. The Company acknowledges that the issuance of Common Warrant Shares upon exercise of the Common 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 Common Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, Common Warrants is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Argos Therapeutics Inc)

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Acknowledgement of Dilution. The Company acknowledges that the issuance of the Warrant Shares upon exercise of the Warrants Warrant 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 Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, Warrant is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tag Entertainment Corp)

Acknowledgement of Dilution. The Company acknowledges that the issuance of Warrant Underlying Shares upon (i) conversion of the Shares and as payment of dividends thereon and (ii) 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 Warrant Underlying Shares upon exercise of the Warrants in accordance with the terms Certificate of Designation and the Warrants, Warrants is unconditional (other than with respect to the conditions set forth in the Warrants) and absolute regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Registration Rights Agreement (Fonix Corp)

Acknowledgement of Dilution. The Company acknowledges that the 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 Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Lipid Sciences Inc/)

Acknowledgement of Dilution. The Company acknowledges that the issuance of the Debenture Shares, the Registrable Common Shares 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 each of the Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, Warrants is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution).

Appears in 1 contract

Samples: Securities Exchange Agreement (Bookham, Inc.)

Acknowledgement of Dilution. The Company acknowledges that 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 Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, thereof is unconditional (other than with respect to the conditions set forth in the Warrants) regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Raptor Networks Technology Inc)

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