Additional Company Securities. Each Party covenants and agrees that during the Exclusivity Period, it shall notify each member of the Buyer Consortium in writing of the number of Additional Company Securities Beneficial Ownership in which is acquired by each Party or its Affiliates after the date hereof pursuant to Section 4.4(a) as soon as practicable, but in no event later than five (5) Business Days, after such acquisition. Any such Additional Company Securities shall automatically become subject to the terms of this Agreement and shall constitute Covered Securities for all purposes of this Agreement.
Additional Company Securities. Until the Expiration Time, each Written Consent Party agrees that any Company Securities that such Written Consent Party purchases or otherwise hereinafter acquires or with respect to which such Written Consent Party otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Written Consent Party as of the date hereof.
Additional Company Securities. Until the Expiration Time, each Securityholder agrees that any Company Securities that such Securityholder purchases or otherwise hereinafter acquires (including as a result of the exercise of any Company Option) or with respect to which such Securityholder otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Securityholder as of the date hereof.
Additional Company Securities. The Stockholder agrees that any additional Company Securities acquired by it or over which it acquires Beneficial Ownership or voting power or dispositive power, whether pursuant to the exercise of Owned Rights or otherwise, shall be subject to the provisions of this Agreement.
Additional Company Securities. In addition to the Membership Interests authorized pursuant to Section 4.2, the Company is hereby authorized to issue such additional Membership Interests, or classes or series thereof, or options, rights, warrants or appreciation rights relating thereto, or any other type of equity security that the Company may lawfully issue (together with the Membership Interests, “Company Equity Securities”), any unsecured or secured debt obligations of the Company or debt obligations of the Company convertible into any class or series of equity securities of the Company (“Company Debt Securities” and, together with Company Equity Securities, “Company Securities”), upon compliance with this Section 4.3. Subject to approvals otherwise required pursuant to the Delaware Act and this Agreement, the Company may issue such Company Securities (a) pursuant to Section 4.2(b), (b) with respect to Membership Interests issued upon the exercise of options granted to employees, officers, consultants, or directors of the Company pursuant to an equity incentive plan approved by the Board of Directors (including, for the avoidance of doubt, such options) and (c) at any time and from time to time if (i) the Company shall have a need for additional Capital Contributions for any proper Company purpose, (ii) the Company shall provide each existing Member other than Defaulting Members with the right to acquire such newly-issued Company Securities so that such Member may maintain its Sharing Ratio with respect to such newly-issued Company Equity Securities (including Company Securities convertible into Company Equity Securities), taken as a whole and (iii) a Required Interest of the Members approve the issuance of the Company Securities.
Additional Company Securities. Until the Expiration Time, each Written Consent Party agrees that any Company Securities that (a) are issued to such Written Consent Party after the date of this Agreement pursuant to any stock dividend, stock split, recapitalization, reclassification, combination or exchange of Company Securities or otherwise, (b) such Written Consent Party purchases or otherwise hereinafter acquires (including as a result of the exercise of any Company Option or Company Warrant or settlement of any Company RSU Award) or (c) with respect to which such Written Consent Party otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Written Consent Party as of the date hereof.
Additional Company Securities. Until the Expiration Time, each Key Stockholder agrees that any Company Securities that (a) are issued to such Key Stockholder after the date of this Agreement pursuant to any stock dividend, stock split, recapitalization, reclassification, combination or exchange of Company Securities or otherwise, (b) such Key Stockholder purchases or otherwise hereinafter acquires or (c) with respect to which such Key Stockholder otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Key Stockholder as of the date hereof.
Additional Company Securities. (a) Subject to the guidelines set forth in this Section 4.03 and the requirements of the Act and other applicable Law, the Board of Directors shall have the power to cause the Company to issue (i) additional Common Shares up to the maximum number authorized in Section 4.01(a)), and (ii) Preferred Shares up to the maximum number authorized in Section 4.01(b), in each case for any Company purpose, at any time or from time to time, for such consideration and on such terms and conditions as shall be established by the Board of Directors in its sole discretion, all without the approval of any Shareholder except as otherwise provided in this Agreement or any Designation creating any series of Preferred Shares. The consideration for subscriptions to, or the purchase of, Company Securities shall be paid in such form and in such manner as the Board of Directors shall determine. Company Securities so issued in accordance with the determination of the Board of Directors shall be deemed to be fully paid and, except to the extent specified in Section 18-607(b) of the Act, non-assessable if the entire amount of such consideration has been received by the Company for such Company Securities in the form of cash, property or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services.
Additional Company Securities. Until the Expiration Time, each Stockholder agrees that any Company Securities that such Stockholder purchases or otherwise hereinafter acquires or with respect to which such Stockholder otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Stockholder as of the date hereof.
Additional Company Securities. 11 SECTION 4.3
