Additional Equity Issuances. If the Directors determine that it is appropriate to raise additional capital for the Corporation by way of the issuance of common shares in the capital of the Corporation (an “Additional Equity Issuance”), then such common shares shall be offered, in the first instance, to each of BrazAlta and Axxxx-Xxxxxxxx to the extent of a proportion of 51% to BrazAlta and 49% to Axxxx-Xxxxxxxx and at a price per common share which is not less than $4.163 unless otherwise agreed by both BrazAlta and Axxxx-Xxxxxxxx (which agreement may not be unreasonably withheld).
Additional Equity Issuances. If the Borrower or any of its Subsidiaries issues any equity securities after the Fifth Amendment Closing Date, the Net Cash Proceeds thereof shall be deposited in the Term Loan Cash Collateral Account. 0.2. Amendments to Section 7. Section 7 of the Agreement is hereby amended as follows:
Additional Equity Issuances. The Administrative Agent shall have received satisfactory evidence that the Company shall have received not less than $75,000,000 of aggregate cash proceeds from the issuance of additional equity of the Company.
Additional Equity Issuances. (a) If, following the date hereof and prior to the Closing Date, the board of directors of the Company (the “Board of Directors”) determines that the Company requires additional funding for its operations, the Company may issue and sell to any Electrum Party (as defined in the Stockholders Agreement), and any Electrum Party may purchase, up to an aggregate of 600,000 shares of Company Common Stock at the per share Purchase Price; provided, however, that the Electrum Parties may not purchase more than 150,000 shares of Company Common Stock in any 30 day period. The Company and Investor acknowledge and agree that (i) no Electrum Party has any obligation, commitment or agreement to purchase any shares of Company Common Stock pursuant to this Section 5.06(a); and (ii) each Electrum Party shall have the right, in its sole and absolute discretion, to refuse or decline to purchase any shares of Company Common Stock pursuant to this Section 5.06(a).
Additional Equity Issuances. In the event of any one or more additional issuance of equity (the “Equity Issuance”), individually or in the aggregate, exceeds 0.5% of the issued and outstanding equity of the Company immediately following the Effective Date, the table in Schedule C will be adjusted as follows: (i) each number in Columns 3 and 4 will be multiplied by a factor equal to X/(X+Y) where X is the total number of shares post-exercise of Exchange Warrants as if the Equity Issuance had not occurred and Y is the number of shares issued pursuant to the Equity Issuance; and (ii) each number in Column 2 will be multiplied by a factor equal to (X+Y)/X where X is the total number of shares post-exercise of Exchange Warrants as if the Equity Issuance had not occurred and Y is the number of shares issued pursuant to the Equity Issuance.
Additional Equity Issuances. (a) In case at any time or from time to time the Corporation shall issue or sell the following (collectively hereinafter referred to as the "Additional Capital Stock"): any shares of its capital stock or issue or sell options, rights or warrants to subscribe for or purchase shares of its capital stock (or securities convertible into shares of its capital stock) ("Options"), including but not limited to issuances pursuant to Section 1.2 above, other than (i) shares of Class D Stock to be issued to the holders of the Warrants upon exercise thereof or pursuant to an adjustment provided for under Section 5 of the Warrant Certificate and Section 5 of the Penalty Warrant Certificate issued to each of EIT and EAI, (ii) up to 12,492 Common Shares (subject to antidilution adjustments in the case of recapitalizations, recombinations or stock splits) issued upon the exercise of any stock options granted pursuant to present or future employee benefit plans or the Corporation, (iii) any Common Shares issued to the holders of the Provident Warrant upon exercise thereof, and (iv) any Common Shares issuable upon exercise of any Options which have previously been treated as Additional Capital Stock for purposes hereof, Electra, Xxxxxx and Provident, respectively, shall have the right to purchase, on the same terms and conditions and at the same time, such shares of Additional Capital Stock equal to the percentage of Common Shares then owned by Electra, Xxxxxx or Provident, as applicable; treating, for such purposes, all Warrants and Provident Warrants as if they had been exercised.
Additional Equity Issuances. Each of Xxxxxx, Electra and Provident hereby acknowledges and agrees that the Additional Capital Stock purchased or to be purchased pursuant to the Securities Purchase Agreement by each of such parties is in proportion to the percentage of Common Shares now owned by each of Xxxxxx, Electra and Provident, respectively, and hereby waives its preemptive rights under Section 1.3 of the Stockholders' Agreement with respect to all transactions contemplated by the Securities Purchase Agreement.
