Additional Investment Option Sample Clauses

Additional Investment Option. (a) From the date hereof until June 30, 2017 each Purchaser may elect to purchase, severally and not jointly with the other Purchasers and in one or more purchases, in the ratio of such Purchaser’s original Subscription Amount to the original aggregate Subscription Amount of all Purchasers, additional Debentures and shares of Preferred Stock with an aggregate subscription amount thereof equal to $3,000,000 in accordance with the calculations in Section 2.2 (such securities, the “Additional Securities” and such right to receive the Additional Securities pursuant to this Section 4.18, the “Additional Rights”). (b) The closing of any Additional Right by a Purchaser shall be completed on the 5th Business Day following the delivery to the Company of a duly delivered exercise notice by the exercising Purchaser. Any additional investment in the Additional Securities shall be on prices, terms (including, without limitation, provisions related to due diligence and other expense reimbursements) and maturity dates identical to those set forth in the Transaction Documents, mutatis mutandis. In order to effectuate a purchase and sale of the Greenshoe Securities, the Company and the Purchasers shall enter into a Securities Purchase Agreement and other transaction documents identical to this Agreement and the exhibits hereto, mutatis mutandis and shall include updated disclosure schedules. (c) Solely in connection with the consummation of a “Qualified Financing” (as defined below), the Company shall have the one-time right to terminate the provisions of Section 4.18(a) and 4.18(b), upon 10 days’ prior written notice to the Purchasers (the 10th day following notice, the “Greenshoe Termination Date”), in consideration of a payment of (i) $400,000 in cash or, if the Company so elects, (b) $200,000 in cash and $400,000 worth of shares of Common Stock (based on price equal to the average daily VWAP for the 20 Trading Day period ending the Trading Day prior to the Company’s payment of such amount) (such payment and share issuance (if applicable), the “Greenshoe Termination Consideration”). In the event the Company elects to terminate Section 4.18(a) and (b) pursuant to clause (ii), the term “Underlying Shares” hereunder shall be amended to include the shares of Common Stock issued in connection with such termination. If the Company fails to consummate the Qualified Financing on or before the Greenshoe Termination Date or pay the Greenshoe Termination Consideration on or before...
Sample 1
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Additional Investment Option. The Buyer shall have a 6 month option to purchase an additional $80,250 Note on the same terms herein and as set forth in the Note being issued herein.
Sample 1
Additional Investment Option. From the date hereof until 180 days after the Effective Date, Crestview Capital Funds LLC ("Crestview") and Midsummer Investments Ltd. ("Midsummer") may, in their respective determination, elect to purchase additional Preferred Stock and Warrants for an aggregate purchase price of up to $2,000,000 as to Crestview and $1,000,000 as to Midsummer. Any additional investment will be on terms and prices identical those set forth in the Transaction Documents, mutatis mutandis. In order to effectuate a purchase and sale of the additional shares of Preferred Stock and Warrants, the Company and Crestview and/or Midsummer shall enter into the following agreements: (x) a securities purchase agreement identical to this Agreement, mutatis mutandis and shall include updated disclosure schedules and (y) a registration rights agreement identical to the Registration Rights Agreement, mutatis mutandis and shall include updated disclosure schedules. Any such additional investment shall close within 10 Trading Days of notice to the Company by Crestview and/or Midsummer that Crestview and/or Midsummer elects to exercise its rights hereunder.
Sample 1
Additional Investment Option. (a) From the date of this Agreement until March 31, 2017, the Purchasers, subject to approval by the Company, shall have the right to purchase from the Company the same securities issued pursuant to the Transaction Documents on the same terms, conditions and price provided for in the Transaction Documents, in an aggregate subscription amount (which shall be distributed amongst the Purchasers on a pro rata basis depending upon each such Purchaser’s Subscription Amount) up to $3,000,000. (b) The Company and each Purchaser agree that if any Purchaser elects to purchase the same securities on the same terms, conditions and price provided for in the Transaction Documents, the transaction documents related to such additional investment shall not include any term or provision whereby such Purchaser shall be required to agree to any restrictions on trading as to any of the securities purchased thereunder or be required to consent to any amendment to or termination of, or grant any waiver, release or the like under or in connection with, this Agreement, without the prior written consent of such Purchaser.
Sample 1
Additional Investment Option. From the date of Shareholder Approval until the later of 6 months after the Effective Date and 6 month following the date of Shareholder Approval, each Purchaser may, in its sole determination and severally and not jointly with the other Purchasers, elect to purchase, in the ratio of such Purchaser's Subscription Amount on the Closing Date to the aggregate Subscription Amounts of all Purchasers on the Closing Date, additional Debentures and Warrants for an aggregate Subscription Amount among all Purchasers of up to $1,000,000. Any additional investment will be on terms and prices identical those set forth in the Transaction Documents, mutatis mutandis. In order to effectuate a purchase and sale of the additional Debentures and Warrants, the Company and the Purchasers shall enter into the following agreements: (x) a securities purchase agreement identical to this Agreement, mutatis mutandis and shall include updated disclosure schedules and (y) a registration rights agreement identical to the Registration Rights Agreement, mutatis mutandis and shall include updated disclosure schedules. Any such additional Investment shall close within 10 Trading Days of notice to the Company by a Purchaser that such Purchaser elects to exercise its rights hereunder. The parties hereby agree and acknowledge that the rights granted hereunder to a Purchaser are independent and separate of the rights granted to any other Purchaser and a Purchasers election to exercise its right to an additional investment hereunder does not obligate any other Purchaser to also elect at such time nor does it waive any Purchaser's right to elect to exercise at a later date.
Sample 1
Additional Investment Option. If the Subscriber’s aggregate Purchase Price paid pursuant to this Subscription Agreement equals or exceeds $3,000,000, then for a period of twelve (12) months from the Closing Date the Subscriber will have the right but not the obligation to purchase additional Units up to 50% of the dollar amount invested by such investor in the Offering at a price of $1.35 per Unit, provided that the additional Warrants included in such additional Investment Units shall not be subject to cashless exercise (“the Additional Investment Option”). For example, if the investor invested $4,000,000 in the Offering, then for a period of 12 months from the Closing Date, such investor shall have the option to purchase an additional $2,000,000 in Units except that the price per Unit shall be $1.35 and the Warrants included in such additional Units shall not be subject to cashless exercise. For purposes of this Additional Investment Option, all investments managed by the same Investment Advisor shall be aggregated and deemed to be as one.
Sample 1
Additional Investment Option. (a) From the Effective Date until the 6 month anniversary of the Effective Date (“Company Exercise Period”), if on any Trading Day during such period the Company duly satisfies the Corporate Milestones and provides written confirmation in the form of a Secretary’s Certificate of the Company of satisfaction of such Corporate Milestones to each Purchaser, each Purchaser shall be required to purchase, in the ratio of such Purchaser’s Subscription Amount on the Closing Date to the aggregate Subscription Amounts of all Purchasers on the Closing Date (such amount, the Purchaser’s “Pro Rata Share”), additional Debentures and Warrants, for an aggregate cash purchase price of up to fifty percent (50%) of the aggregate cash Subscription Amounts hereunder (the “Company Option”). Any Company Option shall close within 10 Trading Days of notice to each Purchaser by the Company that the Company has duly satisfied the Corporate Milestones and that the Company elects to exercise its Company Option hereunder. The Purchasers shall not be obligated to purchase such securities issuable pursuant to the Company Option, notwithstanding this right, if (i) a Material Adverse Effect has occurred during the period from the Closing Date to the date of such exercise until the additional investment is closed or (ii) the Equity Conditions (as defined in the Debentures) are not satisfied as to the Debentures and Warrants. (b) From the 6 month anniversary of the Effective Date until the 12 month anniversary of the Effective Date (the “Initial Purchaser Exercise Period”), each Purchaser may, in its sole discretion, purchase additional Debentures and Warrants, in an amount up to such Purchaser’s Pro Rata Share, for an aggregate purchase price of up to the total amount available under the Company Option less any amounts purchased by the Purchasers under the Company Option (the “Initial Purchaser Option”). Any Initial Purchaser Option shall close within 10 Trading Days of notice to the Company by each Purchaser that such Purchaser elects to exercise its Initial Purchaser Option hereunder. (c) On the first Trading Day immediately following the 12 month anniversary of the Effective Date, in the event that some Purchasers do not exercise the Initial Purchaser Option pursuant to Section 4.18(b), the Company shall offer the remaining Debentures and Warrants issuable for an aggregate Subscription Amount of the total amount available under the Initial Purchaser Option less any amounts purchased by th...
Sample 1
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Additional Investment Option. From the date hereof until ---------------------------- 180 days after the Effective Date, Midsummer Investments Ltd. ("Midsummer") may, in its sole determination, elect to purchase --------- additional Preferred Stock and Warrants for an aggregate purchase price of up to $2,000,000. Any additional investment will be on terms and prices identical those set forth in the Transaction Documents, mutatis mutandis. In order to effectuate a purchase and sale of the additional shares of Preferred Stock and Warrants, the Company and Midsummer shall enter into the following agreements: (x) a securities purchase agreement identical to this Agreement, mutatis mutandis and shall include updated disclosure schedules and (y) a registration rights agreement identical to the Registration Rights Agreement, mutatis mutandis and shall include updated disclosure schedules. Any such additional investment shall close within 10 Trading Days of notice to the Company by Midsummer that it elects to exercise its rights hereunder.
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Additional Investment Option 
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Related to Additional Investment Option

  • Investment Options You may direct the investment of your funds within this IRA into any investment instrument offered by or through the Custodian. The Custodian will not exercise any investment discretion regarding your IRA, as this is solely your responsibility. There are certain fees and charges connected with your IRA investments. These fees and charges may include the following. • Sales Commissions • Set Up Fees • Investment Management Fees • Annual Maintenance Fees • Distribution Fees • Surrender or Termination Fees To find out what fees apply, refer to the investment prospectus or contract. There may be certain fees and charges connected with the IRA itself. (Select and complete as applicable.) Annual Custodial Service Fee* $ No Charge Overnight Distribution $ 16.50 Wire Fee $ 12.50 Transfer Out Fee $ The greater of $100.00 or $25.00 per position Other (Explain) We reserve the right to change any of the above fees after notice to you, as provided in your IRA agreement. *The annual custodial fee will be borne by your Investment Advisor.

  • Additional Investors Notwithstanding anything to the contrary contained herein, if the Company issues additional shares of the Company’s Preferred Stock after the date hereof, any purchaser of such shares of Preferred Stock may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement, and thereafter shall be deemed an “Investor” for all purposes hereunder. No action or consent by the Investors shall be required for such joinder to this Agreement by such additional Investor, so long as such additional Investor has agreed in writing to be bound by all of the obligations as an “Investor” hereunder.

  • Investment Funds Unregistered general or limited partnerships or pooled investment vehicles and/or registered investment companies in which the Company (directly, or indirectly through the Master Fund) invests its assets that are advised by an Investment Manager.

  • Payment Options The exercise price shall be paid by one or any combination of the following forms of payment that are applicable to this option, as indicated on the cover page hereof: (i) by check payable to the order of the Company; or (ii) delivery of an irrevocable and unconditional undertaking, satisfactory in form and substance to the Company, by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price, or delivery by the Optionee to the Company of a copy of irrevocable and unconditional instructions, satisfactory in form and substance to the Company, to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price; or (iii) subject to Section 7(b) below, if the Common Stock is then traded on a national securities exchange or on the Nasdaq National Market (or successor trading system), by delivery of shares of Common Stock having a fair market value equal as of the date of exercise to the option price. In the case of (iii) above, fair market value as of the date of exercise shall be determined as of the last business day for which such prices or quotes are available prior to the date of exercise and shall mean (i) the last reported sale price (on that date) of the Common Stock on the principal national securities exchange on which the Common Stock is traded, if the Common Stock is then traded on a national securities exchange; or (ii) the last reported sale price (on that date) of the Common Stock on the Nasdaq National Market (or successor trading system), if the Common Stock is not then traded on a national securities exchange.

  • Additional Shares The Company hereby grants to the Underwriters an option (the “Over-allotment Option”) to purchase up to an additional [●]3 Ordinary Shares (the “Additional Shares”), in each case solely for the purpose of covering over-allotments of such securities, if any. The Over-allotment Option is, at the Underwriters’ sole discretion, for Additional Shares.

  • Cashless Settlement Option ☐ to convert 100% of the outstanding principal amount of the Original Term Loans held by such Original Term Loan Lender (or such lesser amount allocated to such Lender by the First Refinancing Amendment Arranger) into Term B Loans in a like principal amount. ☒ to have 100% of the outstanding principal amount of the Original Term Loans held by such Original Term Loan Lender prepaid on the First Refinancing Amendment Effective Date and purchase by assignment the principal amount of Term B Loans committed to separately by the undersigned (or such lesser amount allocated to such Lender by the First Refinancing Amendment Arranger).

  • Additional Units The General Partner may from time to time in its sole and absolute discretion admit any Person as an additional Limited Partner of the Partnership (each such Person, if so admitted, an “Additional Limited Partner” and, collectively, the “Additional Limited Partners”). A Person shall be deemed admitted as a Limited Partner at the time such Person (i) executes this Agreement or a counterpart of this Agreement and (ii) is named as a Limited Partner in the books of the Partnership. Each Substitute Limited Partner shall be deemed an Additional Limited Partner whose admission as an Additional Limited Partner has been approved in writing by the General Partner for all purposes hereunder. Subject to the satisfaction of the foregoing requirements and Sections 4.1(c) and 10.2(b), the General Partner is hereby expressly authorized to cause the Partnership to issue additional Units for such consideration and on such terms and conditions, and to such Persons, including the General Partner, any Limited Partner or any of their Affiliates, as shall be established by the General Partner in its sole and absolute discretion, in each case without the approval of any other Partner or any other Person. Without limiting the foregoing, but subject to Sections 4.1(c) and 10.2(b), the General Partner is expressly authorized to cause the Partnership to issue Units (A) upon the conversion, redemption or exchange of any debt or other securities issued by the Partnership, (B) for less than fair market value or no consideration, so long as the General Partner concludes that such issuance is in the best interests of the Partnership and its Partners, and (C) in connection with the merger of any other Person into the Partnership if the applicable merger agreement provides that Persons are to receive Units in exchange for their interests in the Person merging into the Partnership. The General Partner is hereby expressly authorized to take any action, including without limitation amending this Agreement without the approval of any other Partner, to reflect any issuance of additional Units. Subject to Sections 4.1(c) and 10.2(b), additional Units may be Class A Common Units, Class B Common Units or other Units.

  • Over Allotment Option (a) For the purposes of covering any over-allotments in connection with the distribution and sale of the Closing Securities, the Representative is hereby granted an option (the “Over-Allotment Option”) to purchase, in the aggregate, up to _____ shares of Common Stock (the “Option Shares”) and Series A Warrants to purchase up to ____ shares of Common Stock (the “Option Warrants” and, collectively with the Option Shares, the “Option Securities”) which may be purchased in any combination of Option Shares and/or Option Warrants at the Share Purchase Price and/or Warrant Purchase Price, respectively. (b) In connection with an exercise of the Over-Allotment Option, (a) the purchase price to be paid for the Option Shares is equal to the product of the Share Purchase Price multiplied by the number of Option Shares to be purchased and (b) the purchase price to be paid for the Option Warrants is equal to the product of the Warrant Purchase Price multiplied by the number of Option Warrants to be purchased (the aggregate purchase price to be paid on an Option Closing Date, the “Option Closing Purchase Price”). (c) The Over-Allotment Option granted pursuant to this Section 2.2 may be exercised by the Representative as to all (at any time) or any part (from time to time) of the Option Securities within forty-five (45) days after the Execution Date. An Underwriter will not be under any obligation to purchase any Option Securities prior to the exercise of the Over-Allotment Option by the Representative. The Over-Allotment Option granted hereby may be exercised by the giving of oral notice to the Company from the Representative, which must be confirmed in writing by overnight mail or facsimile or other electronic transmission setting forth the number of Option Shares and/or Option Warrants to be purchased and the date and time for delivery of and payment for the Option Securities (each, an “Option Closing Date”), which will not be later than two (2) full Business Days after the date of the notice or such other time as shall be agreed upon by the Company and the Representative, at the offices of EGS or at such other place (including remotely by facsimile or other electronic transmission) as shall be agreed upon by the Company and the Representative. If such delivery and payment for the Option Securities does not occur on the Closing Date, each Option Closing Date will be as set forth in the notice. Upon exercise of the Over-Allotment Option, the Company will become obligated to convey to the Underwriters, and, subject to the terms and conditions set forth herein, the Underwriters will become obligated to purchase, the number of Option Shares and/or Option Warrants specified in such notice. The Representative may cancel the Over-Allotment Option at any time prior to the expiration of the Over-Allotment Option by written notice to the Company.

  • Additional Options The NYS Contract Price for Additional Options offered under the Contract in accordance with Section III.2.7 Additional Options, shall be the Additional Options NYS Discount listed on the Contract Pricelist, or higher, applied to the MSRP on the current OEM Data Book or Contractor-Published Pricelist, as applicable. See Section III.1.2

  • Qualified HSA Funding Distribution If you are eligible to contribute to a health savings account (HSA), you may be eligible to take a one-time tax-free HSA funding distribution from your IRA and directly deposit it to your HSA. The amount of the qualified HSA funding distribution may not exceed the maximum HSA contribution limit in effect for the type of high deductible health plan coverage (i.e., single or family coverage) that you have at the time of the deposit, and counts toward your HSA contribution limit for that year. For further detailed information, you may wish to obtain IRS Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans.

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