Common use of Acknowledgement of Dilution Clause in Contracts

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred Shares may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 4 contracts

Samples: Investor Purchase Agreement (Flight Safety Technologies Inc), Purchase Agreement (Flight Safety Technologies Inc), Purchase Agreement (Flight Safety Technologies Inc)

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Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of constituting the Preferred Initial Shares, Anti-Dilution Shares, MDP Shares, Adjustment Shares, Optional Warrant Shares and Warrant Shares may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 3 contracts

Samples: Common Stock Investment Agreement (Constellation 3d Inc), Common Stock Investment Agreement (Constellation 3d Inc), Common Stock Investment Agreement (Constellation 3d Inc)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Common Shares, Option Shares or Warrant Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Stock declines. The Company acknowledges that its obligation to issue Common Shares upon conversion of Debentures, Option Warrants upon the exercise of Options and shares of Common Stock in accordance with upon exercise of the Transaction Documents Warrants is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Appliedtheory Corp)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Common Shares or Warrant Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Stock declines. The Company acknowledges that its obligation to issue shares Common Shares upon conversion of Common Stock in accordance with the Transaction Documents Debentures and Warrant Shares upon exercise of the Warrants is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (American International Petroleum Corp /Nv/)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Initial Shares, Adjustment Shares, Warrant Shares, Optional Shares or Optional Adjustment Shares may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Common Stock Investment Agreement (Pharmos Corp)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Initial Shares, Adjustment Shares, Warrant Shares, Option Shares or Option Warrant Shares may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Common Stock Investment Agreement (Blue Zone Inc)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Common Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Stock declines. The Company acknowledges that its obligation to issue shares Common Shares upon conversion of Common Stock in accordance with the Transaction Documents Debentures is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (U S Plastic Lumber Corp)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Common Shares and Warrant Shares may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders stockholders of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Zymetx Inc)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred Shares Stock, and exercise of the Warrants may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vaxgen Inc)

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Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Common Shares or Warrant Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Stock declines. The Company acknowledges that its obligation to issue shares Common Shares upon conversion of Common Stock in accordance with Preferred Shares and Warrant Shares upon exercise of the Transaction Documents Warrants is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Preferred Stock Investment Agreement (General Magic Inc)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred Shares and exercise of the Warrant may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders stockholders of the Company.

Appears in 1 contract

Samples: Exchange Agreement (Hybrid Networks Inc)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred Shares and exercise of the Warrants may increase substantially in certain circumstances. The Company acknowledges that its obligation to issue shares of Common Stock in accordance with the Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Chromavision Medical Systems Inc)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred constituting Common Shares or Warrant Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Stock declines. The Company acknowledges that its obligation to issue Common Shares upon conversion of Debentures and shares of Common Stock in accordance with upon exercise of the Transaction Documents Warrants is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Appliedtheory Corp)

Acknowledgement of Dilution. The number of shares of Common Stock issuable upon conversion of the Preferred Shares constituting Underlying Shares or Warrant Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Shares declines. The Company acknowledges that its obligation to issue shares Underlying Shares upon conversion of Common Stock in accordance with Preferred Shares and Warrant Shares upon exercise of the Transaction Documents Warrants is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 1 contract

Samples: Preferred Stock Investment Agreement (Access Beyond Inc)

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