Adjustments for Issuance of Additional Shares of Common Stock. In the event the Maker shall at any time or from time to time after the Closing Date (but whether before or after the Issuance Date) issue or sell any additional Common Stock (“Additional Common Stock”), other than (A) as provided in this Note (including the foregoing subsections (i) through (iv) of this Section 3.4(a)), pursuant to any Equity Plan (including pursuant to Common Stock Equivalents granted or issued under any Equity Plan), (B) pursuant to Common Stock Equivalents (as defined below) granted or issued prior to the Closing Date, (C) Exempted Securities, or (D) pursuant to the terms of this Note, in any case, at an effective price per share that is less than the Conversion Price then in effect or without consideration, then the Conversion Price upon each such issuance shall be reduced to a price equal to the consideration per share paid for such Additional Common Stock. For purposes of clarification, the amount of consideration received for such Additional Common Stock shall not include the value of any additional securities or other rights received in connection with such issuance of Additional Common Stock (i.e., warrants, rights of first refusal or other similar rights).
Appears in 7 contracts
Samples: Note (Abvc Biopharma, Inc.), Note Agreement (Abvc Biopharma, Inc.), Note Agreement (Castellum, Inc.)
Adjustments for Issuance of Additional Shares of Common Stock. In the event the Maker shall at any time or from time to time after the Closing Date (but whether before or after the Issuance Date) issue or sell any additional shares of Common Stock (“Additional Shares of Common Stock”), other than (A) as provided in this Note (including the foregoing subsections (i) through (iv) of this Section 3.4(a)), pursuant to any Equity Plan (including pursuant to Common Stock Equivalents granted or issued under any Equity Plan), (B) pursuant to Common Stock Equivalents (as defined below) granted or issued prior to the Closing Date, or (C) Exempted Securities, or (D) pursuant to the terms of this Note, in any case, at an effective price per share that is less than the Conversion Price then in effect or without consideration, then the Conversion Price upon each such issuance shall be reduced to a price equal to the consideration per share paid for such Additional Shares of Common Stock. For purposes of clarification, the amount of consideration received for such Additional Shares of Common Stock shall not include the value of any additional securities or other rights received in connection with such issuance of Additional Shares of Common Stock (i.e., i.e. warrants, rights of first refusal or other similar rights).
Appears in 6 contracts
Samples: Convertible Note (Boxlight Corp), Convertible Note (Boxlight Corp), Convertible Note (Boxlight Corp)
Adjustments for Issuance of Additional Shares of Common Stock. In the event the Maker shall shall, at any time or from time to time after the Closing Date (but whether before or after the Issuance Date) ), issue or sell any additional Common Stock (“Additional Common Stock”), other than (A) as provided in this Note (including the foregoing subsections (i) through (iv) of this Section 3.4(a)), (B) pursuant to any Equity Plan (including pursuant to Common Stock Equivalents granted or issued under any Equity Plan), (BC) pursuant to Common Stock Equivalents (as defined below) granted or issued prior to the Closing Date, (CD) Exempted Securities, or (DE) pursuant to the terms of this Note, in any case, at an effective price per share that is less than the Conversion Price then in effect or without consideration, then the Conversion Price upon each such issuance shall be reduced to a price equal to the consideration per share paid for such Additional Common Stock. For purposes of clarification, the amount of consideration received for such Additional Common Stock shall not include the value of any additional securities or other rights received in connection with such issuance of Additional Common Stock (i.e., i.e. warrants, rights of first refusal or other similar rights).
Appears in 2 contracts
Samples: Note Agreement (Gse Systems Inc), Note Agreement (Gse Systems Inc)
Adjustments for Issuance of Additional Shares of Common Stock. In the event the Maker shall shall, at any time or from time to time after the Closing Date (but whether before or after the Original Issuance Date) ), issue or sell any additional Common Stock (“Additional Common Stock”), other than (A) as provided in this Note (including the foregoing subsections (i) through (iv) of this Section 3.4(a)), (B) pursuant to any Equity Plan (including pursuant to Common Stock Equivalents granted or issued under any Equity Plan), (BC) pursuant to Common Stock Equivalents (as defined below) granted or issued prior to the Closing Date, (CD) Exempted Securities, or (D) I pursuant to the terms of this Note, in any case, at an effective price per share that is less than the Conversion Price then in effect or without consideration, then the Conversion Price upon each such issuance shall be reduced to a price equal to the consideration per share paid for such Additional Common Stock. For purposes of clarification, the amount of consideration received for such Additional Common Stock shall not include the value of any additional securities or other rights received in connection with such issuance of Additional Common Stock (i.e., i.e. warrants, rights of first refusal or other similar rights).
Appears in 1 contract
Samples: Note (Gse Systems Inc)