Common use of Acknowledgement of Dilution Clause in Contracts

Acknowledgement of Dilution. The number of shares of Common Stock 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 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 5 contracts

Samples: Debenture Purchase Agreement (U S Plastic Lumber Corp), Convertible Debenture Purchase Agreement (U S Plastic Lumber Corp), Convertible Debenture Purchase Agreement (Worldpages Com Inc)

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Acknowledgement of Dilution. The number of shares of Common Stock constituting Common Shares or Warrant Shares issuable upon conversion of the Debentures and exercise of the Warrants 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 of Common Shares upon conversion of Debentures and Warrant Shares upon exercise of Stock in accordance with the Warrants Transaction Documents is absolute and unconditional, regardless of the dilution that such issuance may have on other shareholders of the Company.

Appears in 2 contracts

Samples: Purchase Agreement (Visual Data Corp), Securities Purchase Agreement (Hybrid Networks Inc)

Acknowledgement of Dilution. The Company understands and acknowledges that the number of shares of Common Stock constituting Common Shares or Warrant Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Stock declinesdeclines which may have a dilutive effect on the Common Stock. The Subject to Section 3.14, the Company acknowledges that its obligation to issue Common Shares upon conversion of Debentures the Series C Preferred Stock 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 Preferred Stock Purchase Agreement (Able Telcom Holding Corp)

Acknowledgement of Dilution. The number of shares of Common Stock constituting Common Conversion Shares or and 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 Conversion Shares upon conversion of Debentures the Subordinated Debenture 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: Exchange and Repurchase Agreement (U S Plastic Lumber Corp)

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Acknowledgement of Dilution. The Company understands and acknowledges that the number of shares of Common Stock constituting Common Shares or Warrant Shares may increase substantially in certain circumstances, including the circumstance where the trading price of the Common Stock declinesdeclines which may have a dilutive effect on the Common Stock. The Subject to Section 3.14, the Company acknowledges that its obligation to issue Common Shares upon conversion of Debentures the Series B Preferred Stock 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 Preferred Stock Purchase Agreement (Able Telcom Holding Corp)

Acknowledgement of Dilution. The number of shares of Common Stock constituting Common issuable upon conversion of the Preferred Shares or Warrant Shares and exercise of the Warrants 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 of Common Shares upon conversion of Debentures and Warrant Shares upon exercise of Stock in accordance with the Warrants 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: Purchase Agreement (Open Market Inc)

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