Additional Preferred Shares. 2 Agreement................................................................................................ 2
Additional Preferred Shares. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(c), 6(b) and 7(b) below, the Company shall issue and sell to each Buyer electing to participate in such Additional Closing pursuant to Section 1(c) below, and each such Buyer severally, but not jointly, agrees to purchase from the Company on such Additional Closing Date (as defined below), up to the number of Additional Preferred Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers (each, an “Additional Closing”).
Additional Preferred Shares. If the aggregate Net Profit of AIG for the ten (10) quarters beginning with the quarter ending September 30, 1998 exceeds $5,000,000, then Netplex, within ten (10) days after the calculation made pursuant to this paragraph, will issue to Seller or its designee(s) additional shares of Netplex Preferred Stock, (as the same is defined in the Asset Agreement) as is determined by the formula hereinafter set forth. For purposes of this calculation, the parties agree and understand that the quarter ending September 30, 1998 only includes the month of September, 1998. Such determination shall be made on or before March 1, 2001. The number of such additional shares of Netplex Preferred Stock shall be calculated in accordance with the formula below (hereinafter "Additional Preferred Share Calculation"): [(The sum of the Net Profit for the ten consecutive quarters defined above, or $9,000,000, whichever is less) minus $5,000,000] divided by $4,000,000, the quotient of which is then multiplied by [the number of shares of Netplex Preferred Stock issued to Seller pursuant to Article 3 of the Asset Acquisition Agreement less the amount of such Netplex Preferred Stock converted by Seller to Netplex Common Stock prior to December 31, 2000].
Additional Preferred Shares. The Company shall issue and deliver to Xxxxxxxx stock certificates, each representing one thousand (1,000) Additional Preferred Shares (except that to the extent the number of Additional Preferred Shares to be delivered is not evenly divisible by one thousand (1,000), in which case, one (1) stock certificate shall represent the remaining shares), duly executed by the Company, and shall register such shares in the stockholder register of the Company.
Additional Preferred Shares. Champion shall issue and deliver to Fletcher stock certificates, each representing five thousand (0,000) Additional Preferred Shares (except that to the extent the number of Additional Preferred Shares to be delivered is not evenly divisible by five thousand (5,000), one (1) stock certificate shall represent the remaining shares), duly executed by Champion, and shall register such shares in the shareholder register of Champion.
Additional Preferred Shares. TRC shall issue and deliver to Xxxxxxxx stock certificates, each representing five thousand (5,000) Additional Preferred Shares (except that to the extent the number of Additional Preferred Shares to be delivered is not evenly divisible by five thousand (5,000), one (1) stock certificate shall represent the remaining shares), duly executed by TRC, and shall register such shares in the stockholder register of TRC.
Additional Preferred Shares. So long as any Buyer beneficially owns any of the Securities, the Company will not, without the prior written consent of Buyers holding a majority of the then-outstanding Preferred Shares, issue any Preferred Shares (other than to the Buyers as contemplated by the Transaction Documents) and the Company shall not issue any other securities that would cause a breach or default under the Certificate of Designation or any of the Warrants, and the Company shall comply with the provisions of the Certificate of Designation and Warrants with respect to participation in additional securities issuances.
Additional Preferred Shares. Cal Dive shall issue and deliver to Fletcher stock certificates, each representing five thousand (5,000) Xxditional Preferred Shares (except that to the extent the number of Additional Preferred Shares to be delivered is not evenly divisible by five thousand (5,000), one (1) stock certificate shall represent the remaining shares), duly executed by Cal Dive, and shall register such shares in the shareholder register of Cal Dive in the name of Fletcher or as instructed by Fletcher in writing.
Additional Preferred Shares. Company shall issue and deliver to Xxxxxxxx stock certificate(s) representing the Additional Preferred Shares, duly executed by Company in definitive form, and shall register such shares in the shareholder register of Company in the name of Xxxxxxxx or as instructed by Xxxxxxxx in writing; provided, that Company shall have provided to Xxxxxxxx via e-mail or facsimile, prior to such Subsequent Closing, a copy of such stock certificate(s) in form and substance satisfactory to Xxxxxxxx.
Additional Preferred Shares. For so long as any Preferred Shares remain issued and outstanding, the Company will not issue any Preferred Shares other than to the Buyers as contemplated hereby and the Company shall not issue any other securities that would cause a breach or default under the Certificate of Designations. The Company further agrees that it will not issue or sell any Preferred Shares to any Buyers under this Agreement other than Lead Investor without Lead Investor’s prior written consent, which consent may be granted or withheld in Lead Investor’s sole discretion.
