Common use of Acknowledgment of Dilution Clause in Contracts

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 4 contracts

Samples: Convertible Debenture Purchase Agreement (Tidel Technologies Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc)

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Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon the (i) conversion of the Debentures and the (ii) exercise of the Warrants will 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 Underlying Shares upon (x) conversion of the Debenture Debentures and the (y) exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 4 contracts

Samples: Convertible Debenture Purchase Agreement (Forest Glade International Inc), Convertible Debenture Purchase Agreement (Onemain Com Inc), Purchase Agreement (Verso Technologies Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the (i) conversion of the Debentures and the as payment of interest thereon and (ii) exercise of the Warrants will 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 Underlying Shares upon conversion of in accordance with the Debenture Debentures and the exercise of the Warrants Warrant is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 3 contracts

Samples: Convertible Debenture Purchase Agreement (Innovacom Inc), Convertible Debenture Purchase Agreement (Innovacom Inc), Convertible Debenture Purchase Agreement (Innovacom Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants pursuant to the terms thereof, will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants is unconditional and absolutepursuant to the terms thereof, is, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, unconditional and absolute regardless of the effect of any such dilution.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Fidelity Holdings Inc), Securities Purchase Agreement (Fidelity Holdings Inc), Securities Purchase Agreement (Fidelity Holdings Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the (i) conversion of the Debentures and the as payment of interest thereon and (ii) exercise of the Warrants will 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 Underlying Shares upon conversion of in accordance with the Debenture Debentures and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (Innovacom Inc), Convertible Debenture Purchase Agreement (Innovacom Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the (i) conversion of the Debentures and the as payment of interest thereon and (ii) exercise of the Warrants will 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 Underlying Shares upon conversion in accordance with the terms of the Debenture Debentures and the exercise of the Warrants Warrant is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (JNC Opportunity Fund LTD), Convertible Debenture Purchase Agreement (Eurotech LTD)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the or exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the Debentures or exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the and Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (Composite Industries of America Inc), Convertible Debenture Purchase Agreement (Composite Industries of America Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of (i) the Underlying Shares upon the conversion of the Debentures and Debentures, (ii) the Warrant Shares upon exercise of the Warrants will 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 (i) the Underlying Shares upon conversion of the Debenture Debentures and (ii) the Warrant Shares upon exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication Group Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants pursuant to the terms thereof is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Chromatics Color Sciences International Inc), Securities Purchase Agreement (Netsol International Inc)

Acknowledgment of Dilution. The Company acknowledges that the ---------------------------- issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 deliver the Underlying Shares to the investor upon conversion of the Debenture Debentures and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (Amanda Co Inc), Convertible Debenture Purchase Agreement (Amanda Co Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may beDebentures, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America Inc)

Acknowledgment of Dilution. The Company acknowledges that the -------------------------- issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants pursuant to the terms thereof is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pacific Aerospace & Electronics Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares to the Purchasers upon conversion of the Debenture Debentures and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Orbit Technologies Inc /De/)

Acknowledgment of Dilution. The Company acknowledges that the -------------------------- issuance of Underlying Common Shares and Warrant Shares upon the (x) conversion of the Debentures and the payment of interest thereon and (y) exercise of the Warrants Warrants, in accordance with their terms, will 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 Underlying Shares upon conversion shares of Common Stock in accordance with the Debenture terms of and with respect to the exercise of Debentures and in accordance with and in respect to the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fonix Corp)

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Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the (i) conversion of the Debentures Notes and the (ii) exercise of the Warrants will 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 Underlying Shares upon (x) conversion of the Debenture Notes and the (y) exercise of the Warrants pursuant to the terms thereof is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Franklin Telecommunications Corp)

Acknowledgment of Dilution. The Company acknowledges that the issuance of (i) the Underlying Shares upon the conversion of the Debentures and Debentures, (ii) the Warrant Shares upon exercise of the Warrants will 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 (i) the Underlying Shares upon conversion of the Debenture Debentures and (ii) the Warrant Shares upon exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.and

Appears in 1 contract

Samples: Securities Purchase Agreement (Team Communication Group Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants Debentures is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Computer Concepts Corp /De)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Allou Health & Beauty Care Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 obligations to issue deliver Underlying Shares to the Purchasers upon conversion of the Debenture and the exercise of the Warrants Debentures is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Phoenix International Industries Inc /Fl/)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 Underlying Shares upon conversion of the Debenture and the exercise of the Warrants Debentures is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Securities Purchase Agreement (Team Communication Group Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon the (i) conversion of the Debentures Debenture and the (ii) exercise of the Warrants Warrant will 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 Underlying Shares upon (x) conversion of the Debenture and the (y) exercise of the Warrants Warrant is unconditional and absolute, subject to the limitations set forth in the Debentures Debenture or in the Warrants, as the case may beWarrant, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Convertible Debenture and Warrant Purchase Agreement (Verso Technologies Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants will 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 deposit Underlying Shares with the Escrow Agent in accordance with the Escrow Agreement and upon conversion of the Debenture Debentures and the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of Underlying Shares upon the conversion of the Debentures and the exercise of the Warrants Securities will 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 Underlying Shares conversion and exercise obligations under the Debentures, Preferred Stock (if any) and the Warrants (upon conversion payment of the Debenture and the applicable exercise of the Warrants is price) are unconditional and absolute, absolute and not subject to the limitations any right of set forth in the Debentures off, counterclaim, delay or the Warrants, as the case may bereduction, regardless of the effect of any such dilutiondilution or any claim that the Company may have against any Purchaser.

Appears in 1 contract

Samples: Securities Purchase Agreement (Visual Networks Inc)

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