Agreed ASX announcement Sample Clauses

Agreed ASX announcement. The Investor consents to the Company releasing an announcement to ASX in the form of annexure B on the earlier of: (a) the date of this document; or (b) the first Business Day after the date of this document. Executed as a deed. Executed by Metal Storm Limited: ) /s/ Xxx Xxxx Finniear ) /s/ Xxxxx X’Xxxxx Company Secretary/Director Director Xxx Xxxx Finniear Xxxxx X’Xxxxx Name of Company Secretary/Director (print) Name of Director (print) 24th December, 2011 24th December, 2011 Executed by The Xxxx Partners, LLC ) as General Partner of the Australian ) Special Opportunity Fund LP: ) /s/ Xxxx Xxxxxx Managing Director Xxxx Xxxxxx Name of Managing Director Amended and Restated Convertible Security Agreement Execution version 1.1 Definitions 1 1.2 Interpretation 8 2.1 Issue of securities 9 2.2 Timing of payment of funds 9 2.3 Closings 9 2.4 Shareholder approval 10 4.1 Commencement Fee 10 4.2 Timing of Payment of Commencement Fee 10 4.3 Issue of Agreed Proportion of Commencement Fee Shares 11 5.1 Conditions Precedent to First Closing – Investor 11 5.2 Conditions Precedent to First Closing – Company 12 5.3 Obligations to satisfy 13 5.4 Issue of Note Security 13 5.5 Conditions not Satisfied or Waived 13 6.1 Conditions Precedent to Second Closing – Investor 13 6.2 Conditions Precedent to Second Closing – Company 14 6.3 Obligations to satisfy 15 6.4 Update of Amount Outstanding 15 7.1 Conditions Precedent to Third Closing – Investor 15 7.2 Conditions Precedent to Third Closing – Company 16 7.3 Obligations to satisfy 16 7.4 Actions required on the Third Closing – Investor 16 7.5 Actions required on the Third Closing – Company 16 8.1 Conversions of the Convertible Security 17 8.2 Conditions to Conversion 17 8.3 Consequence of Failure to Meet Conditions 19 9.1 Representations and Warranties 19 9.2 Investor’s reliance 28 9.3 Construction of representation and warranties 28 9.4 Disclosures and limitations 28 9.5 Notice 29 10.1 Representations and Warranties 29 Execution version 10.2 Company’s Reliance 31 10.3 Construction of Representation and Warranties 31 10.4 Notice 32 11.1 Ranking of the Investor’s Shares 32 11.2 Ranking of Investor’s interests in the Note Security and the Convertible Security 32 11.3 Rights of Investor 32 11.4 No Conflicting Actions 32 11.5 Compliance with Laws 32 11.6 Further Assurances 33 11.7 Non-ASX Quotation 33 11.8 Quotation 33 11.9 Reports 34 11.10 ASX Listing, Trading Halts and Suspensions 34 11.11 Securities Xxxxxxxxx 00 11.12 Register of N...
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Related to Agreed ASX announcement

  • Public Announcement Unless otherwise required by applicable law, the parties hereto shall consult with each other before issuing any press release or otherwise making any public statements with respect to this Agreement and shall not issue any such press release or make any such public statement prior to such consultation.

  • PRESS ANNOUNCEMENTS The Company agrees that the Placement Agent shall, on and after the Closing Date, have the right to reference the Placement and the Placement Agent’s role in connection therewith in the Placement Agent’s marketing materials and on its website and to place advertisements in financial and other newspapers and journals, in each case at its own expense.

  • Announcement COMPANY shall have the right to make public announcements concerning the execution of this Agreement and certain terms thereof.

  • Press Release and Announcements No press release related to this Agreement or the transactions contemplated hereby, or other announcements to the employees, customers or suppliers of Seller, shall be issued without the joint approval of Purchasers and Seller. No other public announcement related to this Agreement or the transactions contemplated hereby shall be made by either party, except as required by law, in which event the parties shall consult as to the form and substance of any such announcement required by law.

  • No Public Announcement Neither party hereto shall, without the prior written approval of the other party, make any press release or other public announcement concerning the transactions contemplated by this Agreement, except as and to the extent that any such party shall be so obligated by Law or the rules of any regulatory body or stock exchange, in which case the other party shall be advised and the parties shall use their respective commercially reasonable efforts to cause a mutually agreeable release or announcement to be issued; provided, however, that the foregoing shall not preclude communications or disclosures necessary to implement the provisions of this Agreement or to comply with the accounting and SEC disclosure obligations or the rules of any stock exchange.

  • Press Releases and Public Announcements No Party shall issue any press release or make any public announcement relating to the subject matter of this Agreement without the prior written approval of the other Party; provided, however, that any Party may make any public disclosure it believes in good faith is required by applicable law or any listing or trading agreement concerning its publicly-traded securities (in which case the disclosing Party will use its reasonable best efforts to advise the other Party prior to making the disclosure).

  • Confidentiality/Public Announcement From the date of this Agreement and until the End Date, the Company agrees that except in connection with a Form 8-K, Form 10-Q, Form 10-K and the registration statement or statements regarding the Subscribers’ Securities or in correspondence with the Commission regarding same, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by Subscribers or only to the extent required by law and then only upon not less than five days prior notice to Subscribers. In any event and subject to the foregoing, the Company undertakes to file a Form 8-K (the “Form 8-K”) describing the Offering not later than the fourth (4th) business day after the Closing Date. In the Form 8-K, the Company will specifically disclose the amount of Common Stock outstanding immediately after the Closing. Upon delivery by the Company to the Subscribers after the Closing Date of any notice or information, in writing, electronically or otherwise, and while a Note, Conversion Shares or Warrants are held by Subscribers, unless the Company has in good faith determined that the matters relating to such notice do not constitute material, nonpublic information relating to the Company or Subsidiaries, the Company shall within four (4) days after any such delivery publicly disclose such material, nonpublic information on a Report on Form 8-K. In the event that the Company believes that a notice or communication to Subscribers contains material, nonpublic information relating to the Company or Subsidiaries, except as required to be delivered in connection with this Agreement, the Company shall so indicate to Subscribers prior to delivery of such notice or information. Subscribers will be granted five days to notify the Company that Subscriber elects not to receive such information. In the case that Subscriber elects not to receive such information, the Company will not deliver such information to Subscribers. In the absence of any such Company indication, Subscribers shall be allowed to presume that all matters relating to such notice and information do not constitute material, nonpublic information relating to the Company or Subsidiaries.

  • Business Combination Announcement Within four (4) Business Days following the consummation by the Company of a Business Combination, the Company shall cause an announcement (“Business Combination Announcement”) to be issued by a press release service announcing the consummation of the Business Combination and indicating that the Representative was one of the co-managing underwriters in the Offering and also indicating the name and location of any other financial advisors engaged by the Company as a merger and acquisitions advisor. The Company shall supply the Representative with a draft of the Business Combination Announcement and provide the Representative with a reasonable advance opportunity to comment thereon. The Company will not issue the Business Combination Announcement without the final approval of the Representative, which approval will not be unreasonably withheld.

  • Press Releases and Announcements No Party shall issue any press release or public announcement relating to the subject matter of this Agreement without the prior written approval of the other Parties; provided, however, that any Party may make any public disclosure it believes in good faith is required by applicable law, regulation or stock market rule (in which case the disclosing Party shall use reasonable efforts to advise the other Parties and provide them with a copy of the proposed disclosure prior to making the disclosure).

  • Prohibition on Press Releases and Public Announcements The Company shall not issue press releases or engage in any other publicity, without the Representative’s prior written consent, for a period ending at 5:00 p.m., Eastern time, on the first (1st) Business Day following the forty-fifth (45th) day after the Closing Date, other than normal and customary releases issued in the ordinary course of the Company’s business.

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