Additional Investment Rights. On the Closing Date, the Company will issue Additional Investment Rights to the Subscribers. The Additional Investment Rights will represent the right to purchase additional Principal Amount of Notes up to twenty-five percent (25%) of the Principal Amount acquired on the Closing Date and a corresponding amount of Warrants as described in the Additional Investment Right certificate, annexed hereto as Exhibit C. The Additional Investment Right will be exercisable until one hundred eighty (180) days after the date of the Initial Closing.
Additional Investment Rights. Subject to the terms hereof, each Purchaser agrees to exercise 50% of its Additional Investment Right on the Business Day following the date of this Amendment.
1.1. In consideration for such exercise, Generex agrees that the “Conversion Price” under the AIR Debentures issuable upon such exercise shall not equal $0.82, but shall equal $0.60 (subject to adjustment as set forth in the AIR Debentures). However, neither the “Conversion Price” under the Debentures issued to the Purchasers at the closing pursuant to the Purchase Agreement nor the “Conversion Price” of the AIR Debentures issuable upon any exercise of the balance of the Additional Investment Rights not exercised under this Section 1 shall be modified as a result of this Amendment.
1.2. The AIR Warrants issuable upon the Additional Investment Right exercise contemplated in this Section 1 shall entitle the holder thereof to purchase a number of shares of Common Stock equal to 100% of the shares of Common Stock issuable upon the conversion in full (without regard to any restrictions on conversion therein contained) of the AIR Debentures issuable upon the exercise contemplated by this Section 1 at a $0.82 Conversion Price (subject to adjustment as set forth therein) notwithstanding that the Conversion Price for such AIR Debentures will equal $.60 as set forth in Section 1.1 ( an aggregate of 2,439,024 shares). The exercise price of the AIR Warrants shall not be modified as a result of this Amendment.
1.3. In further consideration for the exercise of the Additional Investment Right herein contemplated, Generex will issue and deliver to each Purchaser a further Additional Investment Right in the form of Exhibit A (which is substantially the same in form as the existing Additional Investment Rights) (each an “Additional AIR” and collectively, the “Additional AIRs”), pursuant to which each Purchaser will have the right to acquire detachable units consisting of (a) additional AIR Debentures in principal amount equal to the principal amount of AIR Debentures issuable upon the portion of the Additional Investment Right to be exercised by each such Purchaser under Section 1 (such additional AIR Debentures, the “Additional AIR Debentures”) and (b) additional AIR Warrants entitling the holder thereof to purchase a number of shares of Common Stock equal to 100% of the shares of Common Stock issuable upon an assumed conversion in full (without regard to any restrictions on conversion therein contained) at a $0.82 ...
Additional Investment Rights. 1 Agent.........................................................................20 Agreement......................................................................1 AMEX..........................................................................16
Additional Investment Rights. A Buyer may assign some or all of its rights hereunder without the consent of the Company, in which event such assignee shall be deemed to be a Buyer hereunder with respect to such assigned rights.
Additional Investment Rights. In the event that the Company ---------------------------- issues any New Securities, the Company shall grant to each Investor set forth in Exhibit B (each a "Designated Investor"), the right to purchase such New --------- Securities on the same terms offered by the Company to the other investors purchasing such New Securities, up to an aggregate amount, including the amounts each Designated Investor has purchased pursuant to Section 17 above or this Section 18 in all previous issuances of New Securities by the Company (including any shares of Series C Preferred purchased pursuant to a Series C Preferred Stock Purchase Agreement of even date herewith) equal to one million dollars ($1,000,000), or in the case of CDP Information Systems Pty Ltd. ("CDP"), two hundred and fifty thousand dollars ($250,000).
Additional Investment Rights. “Additional Investment Rights” means the right of certain stockholders to purchase additional shares of Series B Preferred Stock and warrants pursuant to 4(n) of this Agreement.
Additional Investment Rights. “Additional Investment Rights” means the right of certain stockholders to purchase additional shares of Series C Preferred Stock and warrants until November 5, 2022 as follows: (i) pursuant to the Exchange Agreement dated as of May 7, 2021 certain Buyers have the right to purchase up to an additional 2,710,255 shares of Series C Preferred Stock and up to 8,130,765 warrants in amounts equal to not less than 100% nor more than 200% of the amounts originally purchased by such buyer pursuant to prior securities purchase agreements for notes and (ii) pursuant to a $20 Million securities purchase agreement a buyer has the right to purchase up to 2,263,970 shares of Series C Preferred Stock and up to 6,791,909 warrants following its original purchase, in an amount not less than 100% nor more than 200% of the price for the original securities purchased and on the same terms and conditions amount not less than 100% nor more than 200% of the price for the original securities purchased and on the same terms and conditions.
Additional Investment Rights. Section 2(b) of the Additional Investment Right is hereby waived only insofar as those provisions relate to the Merger.
Additional Investment Rights. The Purchasers shall have the right to make further investments in the Company’s Debentures and Warrants as follows:
(a) During the period ending 18 months from the Closing Date, the Purchasers (pro rata according to their initial Subscription Amounts) shall have the right, but no obligation, upon notice to the Company from time to time, to purchase up to an aggregate of $5,000,000 Subscription Amount of additional Debentures and Warrants, which shall have identical terms to the Debentures and Warrants issued at the Closing, including, without limitation, that the Conversion Price shall be $5.00, except that all dates for payments etc. shall be based upon the respective closing dates of such subsequent purchases.
(b) During the period while the initial Debentures and Warrants remain outstanding, commencing nine months after the Closing Date, the Purchasers (pro rata according to their initial Subscription Amounts) shall have the right, but no obligation, upon notice to the Company from time to time, to purchase up to an aggregate of $10,000,000 Subscription Amount of additional Debentures and Warrants, which shall have identical terms to the Debentures and Warrants issued at the Closing, except that the initial Conversion Price of such additional Debentures and the initial Exercise Price of such additional Warrants shall be 100% of the average of the Nasdaq Official Closing Prices for the five Trading Days prior to such Purchaser’s exercise of such right, and all dates for payments etc. shall be based upon the respective closing dates of such subsequent purchases.
Additional Investment Rights. On the Closing Date, the Company will issue Additional Investment Rights to the Subscribers. One Additional Investment Right will be issued for each $1.10 of Purchase Price paid on the Closing Date. Each Additional Investment Right will represent the right to purchase One Dollar of stated value of Series B Preferred Stock and a corresponding amount of Warrants as described in the Additional Investment Rights Certificate. The Additional Investment Right will be exercisable until one year after the first date upon which the Company gives notice (the “Barrel Condition Notice”) to the Subscriber that the gross production and sale of hydrocarbons during the immediately preceding 30-day period totals 3,000 barrels (being 42 United States gallons of oil per barrel) from all of those properties acquired by Subscribers from the Company’s Megawest Energy Missouri Corp. subsidiary pursuant to that certain Agreement of Purchase and Sale dated as of, at, or about the Closing Date (the “Barrel Condition”).
