Aggregate Limit. Notwithstanding anything to the contrary herein, in no event may the Company issue a Draw Down Notice to the extent that the sale of shares of Common Stock pursuant thereto and pursuant to all prior Draw Down Notices issued hereunder would cause the Company to sell or the Purchaser to purchase shares of Common Stock which in the aggregate are in excess of the Aggregate Limit. If the Company issues a Draw Down Notice that otherwise would permit the Purchaser to purchase shares of Common Stock which would cause the aggregate purchases by Purchaser hereunder to exceed the Aggregate Limit, such Draw Down Notice shall be void ab initio to the extent of the amount by which the dollar value of shares or number of shares, as the case may be, of Common Stock otherwise issuable pursuant to such Draw Down Notice or together with the dollar value of shares or number of shares, as the case may be, of all other Common Stock purchased by the Purchaser pursuant hereto would exceed the Aggregate Limit.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Eos Petro, Inc.), Common Stock Purchase Agreement (VRDT Corp), Common Stock Purchase Agreement (Cyclone Power Technologies Inc)
Aggregate Limit. Notwithstanding anything to the contrary herein, in no event may the Company issue a Draw Down Notice or grant a Call Option to the extent that the sale of shares of Common Stock pursuant thereto and pursuant to all prior Draw Down Notices or Call Options issued hereunder would cause the Company to sell or the Purchaser to purchase shares of Common Stock which in the aggregate are in a dollar amount in excess of the Aggregate Limit. If the Company issues a Draw Down Notice or Call Option that otherwise would permit the Purchaser to purchase shares of Common Stock which would cause the aggregate purchases by Purchaser hereunder to exceed the Aggregate Limit, such Draw Down Notice or Call Option shall be void ab initio to the extent of the amount by which the dollar value of the shares or number of shares, as the case may be, of Common Stock otherwise issuable pursuant to such Draw Down Notice or Call Option together with the dollar value of shares or number of shares, as the case may be, of all other Common Stock purchased by the Purchaser pursuant hereto would exceed the Aggregate Limit.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Columbia Laboratories Inc), Common Stock Purchase Agreement (Biomarin Pharmaceutical Inc), Common Stock Purchase Agreement (Usinternetworking Inc)
Aggregate Limit. Notwithstanding anything to the contrary herein, in no event may the Company issue a Draw Down Notice or grant a Call Option to the extent that the sale of shares of Common Stock pursuant thereto and pursuant to all prior Draw Down Notices or Call Options issued hereunder would cause the Company to sell or the Purchaser to purchase shares of Common Stock which in the aggregate are in excess of the Aggregate Limit. If the Company issues a Draw Down Notice or Call Option that otherwise would permit the Purchaser to purchase shares of Common Stock which would cause the aggregate purchases by Purchaser hereunder to exceed the Aggregate Limit, such Draw Down Notice or Call Option shall be void ab initio to the extent of the amount by which the dollar value of shares or number of shares, as the case may be, of Common Stock otherwise issuable pursuant to such Draw Down Notice or Call Option together with the dollar value of shares or number of shares, as the case may be, of all other Common Stock purchased by the Purchaser pursuant hereto would exceed the Aggregate Limit.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc)
Aggregate Limit. Notwithstanding anything to the contrary herein, in no event may the Company issue a Draw Down Notice or grant a Call Option to the extent that the sale of shares of Common Stock pursuant thereto and pursuant to all prior Draw Down Notices or Call Options issued hereunder would cause the Company to sell or the Purchaser to purchase shares of Common Stock which in the aggregate are in a dollar amount in excess of the Aggregate Limit. If the Company issues a Draw Down Notice or Call Option that otherwise would permit the Purchaser to purchase shares of Common Stock which would cause the aggregate purchases by Purchaser hereunder to exceed the Aggregate Limit, such Draw Down Notice or Call Option shall be void ab initio to the extent of the amount by which the dollar value of shares or number of shares, as the case may be, of Common Stock otherwise issuable pursuant to such Draw Down Notice or Call Option together with the dollar value of shares or number of shares, as the case may be, of all other Common Stock purchased by the Purchaser pursuant hereto would exceed the Aggregate Limit.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Leap Wireless International Inc)
Aggregate Limit. Notwithstanding anything to the contrary herein, in no event may the Company issue a Draw Down Notice or grant a Call Option to the extent that the sale of shares of Common Stock pursuant thereto and pursuant to all prior Draw Down Notices or Call Options issued hereunder would cause the Company to sell or the Purchaser to purchase shares of Common Stock which in the aggregate are in a dollar amount in excess of the Aggregate Limit. If the Company issues a Draw Down Notice or Call Option that otherwise would permit the Purchaser to purchase shares of Common Stock which would cause the aggregate purchases by Purchaser hereunder to exceed the Aggregate Limit, such Draw Down Notice or Call Option shall be void ab initio AB INITIO to the extent of the amount by which the dollar value of shares or number of shares, as the case may be, of Common Stock otherwise issuable pursuant to such Draw Down Notice or Call Option together with the dollar value of shares or number of shares, as the case may be, of all other Common Stock purchased by the Purchaser pursuant hereto would exceed the Aggregate Limit.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc)