Allocation of Unsubscribed Shares. Promptly following the expiration of the Rights Offering, the Company will determine the amount of Unsubscribed Shares. Upon the Company’s determination of the number of Unsubscribed Shares, the Company promptly will notify the Standby Purchaser in writing of the amount of Common Stock to be purchased by it, which amount may be less than the Commitment Amount (the “Allocated Amount”).
Appears in 5 contracts
Samples: Standby Purchase Agreement (Interpace Biosciences, Inc.), Stock Purchase Agreement (Famous Daves of America Inc), Standby Purchase Agreement (Famous Daves of America Inc)
Allocation of Unsubscribed Shares. Promptly Immediately following the expiration of the Rights Offering, the Company will determine the amount of Unsubscribed Shares. Upon the Company’s determination of the number of Unsubscribed Shares, the Company promptly will notify the each Standby Purchaser in writing of the amount of Common Stock Series A Preferred to be purchased by itsuch Standby Purchaser, which amount may be less than the Commitment Amount calculated in accordance with Section 1(a) (the each, an “Allocated Amount”).
Appears in 3 contracts
Samples: Standby Purchase Agreement (H-Cyte, Inc.), Standby Purchase Agreement (FWHC Holdings, LLC), Standby Purchase Agreement (H-Cyte, Inc.)
Allocation of Unsubscribed Shares. Promptly following the expiration of the Rights Offering, the Company will determine the amount of Unsubscribed Shares. Upon the Company’s determination of the number of Unsubscribed Shares, the Company promptly will notify the Standby Purchaser Purchasers in writing of the amount of Common Stock to be purchased by itthem, which amount may be less than the Commitment Amount (the “Allocated Amount”).
Appears in 2 contracts
Samples: Standby Purchase Agreement (Schuler Jack W), Standby Purchase Agreement (Accelerate Diagnostics, Inc)
Allocation of Unsubscribed Shares. Promptly following the expiration of the Rights Offering, the Company will determine the amount of Unsubscribed Shares. Upon the Company’s determination of the number of Unsubscribed Shares, the Company promptly will notify the each Standby Purchaser in writing of the amount of Common Preferred Stock to be purchased by it, which amount may be less than the Commitment Amount (the “Allocated Amount”).
Appears in 1 contract
Samples: Standby Purchase Agreement (Providence Service Corp)
Allocation of Unsubscribed Shares. Promptly following the expiration of the Rights Offering, the Company will determine the amount of Unsubscribed Shares. The Company, in its sole discretion, may allocate the Unsubscribed Shares among the Standby Purchasers in the Standby Offering. Upon the Company’s determination of the number allocation of Unsubscribed Sharesthe Common Stock to each Standby Purchaser, the Company promptly will notify the Standby Purchaser in writing of the amount of Common Stock to be purchased by ithim, which amount may be less than the Commitment Amount (the “Allocated Amount”).
Appears in 1 contract
Samples: Standby Purchase Agreement (First National Corp /Va/)
Allocation of Unsubscribed Shares. Promptly following the expiration of the Rights Offering, the Company will determine the amount number of Unsubscribed Shares. Upon the Company’s determination of the number of Unsubscribed Shares, which shall be deemed to be correct absent manifest error, the Company promptly will notify the Standby Purchaser in writing of the amount of Class A Common Stock to be purchased by itthe Standby Purchaser, which amount may be less than the Commitment Amount (the “Allocated Amount”).
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Allocation of Unsubscribed Shares. Promptly following the expiration of the Rights Offering, the Company will shall determine the amount number of Unsubscribed Shares. Upon the Company’s determination of the number of Unsubscribed Shares, which shall be deemed to be correct, absent manifest error, the Company shall promptly will notify the Standby Purchaser in writing of the amount number of shares of Class B Common Stock to be purchased by it, which amount may be less than the Commitment Amount Standby Purchaser (the “Allocated AmountShares”).
Appears in 1 contract
Samples: Support and Standby Purchase Agreement (RumbleOn, Inc.)
Allocation of Unsubscribed Shares. Promptly following the expiration of the Rights Offering, the Company will determine the amount of Unsubscribed Shares. The Company, in its sole discretion, may allocate the Unsubscribed Shares among the Standby Purchasers in the Standby Offering. Upon the Company’s determination of the number allocation of Unsubscribed Sharesthe Common Stock to each Standby Purchaser, the Company promptly will notify the Standby Purchaser in writing of the amount number of shares of Common Stock to be purchased by itsuch Standby Purchaser (the “Allocated Shares”), the value of which amount may be less than the Commitment Amount (the “Allocated Amount”).
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