Common use of Available Shares Clause in Contracts

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the Debentures.

Appears in 8 contracts

Samples: Security Purchase Agreement (American Bio Medica Corp), Security Purchase Agreement (American Bio Medica Corp), Securities Purchase Agreement (Galvestons Steakhouse Corp)

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Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield two hundred percent (200%) of the number of shares of Common Stock issuable (i) at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesDebentures and (ii) upon exercise as may be required to satisfy the exercise rights of the Buyer pursuant to the terms and conditions of the Warrants.

Appears in 8 contracts

Samples: Securities Purchase Agreement (American Champion Entertainment Inc), Securities Purchase Agreement (TTR Inc), Securities Purchase Agreement (American Champion Entertainment Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy issue the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesRepriced Shares.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Chequemate International Inc), Common Stock Purchase Agreement (Eurotech LTD), Common Stock Purchase Agreement (Eurotech LTD)

Available Shares. The Company shall have at all times hereafter authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield issue one hundred percent (100%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer Purchaser pursuant to the terms and conditions of the DebenturesCertificate of Designation.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Technest Holdings Inc), Securities Purchase Agreement (Technest Holdings Inc), Securities Purchase Agreement (Technest Holdings Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the Debentures.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Quadrax Corp), Securities Purchase Agreement (Greenman Technologies Inc), Securities Purchase Agreement (Vyrex Corp)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient equal to yield two hundred percent (200%) of the number of shares of Common Stock issuable at upon conversion as may be required to satisfy the conversion rights of all of the Buyer pursuant to outstanding Preferred Stock, and the terms and conditions exercise of the DebenturesWarrants (as defined below).

Appears in 4 contracts

Samples: Securities Purchase Agreement (Singlepoint Systems Corp), Securities Purchase Agreement (Global Maintech Corp), Securities Purchase Agreement (Mobile Pet Systems Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Dynagen Inc), Stock Purchase Agreement (Dynagen Inc), Stock Purchase Agreement (Kideo Productions Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, a number of shares of Common Stock sufficient (the "Minimum Available Shares") at least equal to yield the number of shares issuable upon exercise of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the Debenturesall outstanding Warrants held by all Holders.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Provectus Pharmaceuticals Inc), Securities Purchase Agreement (Provectus Pharmaceuticals Inc), Securities Purchase Agreement (Provectus Pharmaceuticals Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at upon conversion and/or exercise as may be required to satisfy the conversion rights of the Buyer Buyers pursuant to the terms and conditions of the DebenturesPreferred Stock and the exercise rights of the Buyers pursuant to the terms of the Warrants.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Starbase Corp), Securities Purchase Agreement (Starbase Corp), Securities Purchase Agreement (Xybernaut Corp)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the aggregate of one hundred twenty percent (120%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesDebenture.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Advanced Viral Research Corp), Securities Purchase Agreement (Advanced Viral Research Corp), Securities Purchase Agreement (Advanced Viral Research Corp)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield two hundred percent (200%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Nhancement Technologies Inc), Securities Purchase Agreement (Voxcom Holdings Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy issue the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesReset Shares.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Fonix Corp), Common Stock Purchase Agreement (Fonix Corp)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Xybernaut Corp), Securities Purchase Agreement (Starbase Corp)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, a number of shares (the "Minimum Available Shares") at least equal to the sum of Common Stock sufficient to yield (x) one hundred percent (100%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights upon exercise of the Buyer pursuant to the terms and conditions of the Debenturesall outstanding Warrants held by Buyer.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the aggregate of one hundred fifty percent (150%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesCertificate of Designations or to represent payment of dividends on the Preferred Stock.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Imaging Diagnostic Systems Inc /Fl/), Securities Purchase Agreement (Imaging Diagnostic Systems Inc /Fl/)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer Buyers pursuant to the terms and conditions of the Debentures.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stratus Services Group Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable (i) at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock and (ii) upon exercise as may be required to satisfy the exercise rights of the Buyer pursuant to the terms and conditions of the Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Alcohol Sensors International LTD)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at upon conversion and/or exercise as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock and the exercise rights of the Buyer pursuant to the terms of the Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Xybernaut Corp)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion and upon exercise of the Warrants as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Compumed Inc)

Available Shares. The Subject to the provisions of Section 8.5 above, the Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy issue the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesRepriced Shares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Altair International Inc)

Available Shares. The Company shall have at all times hereafter authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield issue one hundred percent (100%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer Purchasers pursuant to the terms and conditions of the Debenturesin Exhibit B attached hereto.

Appears in 1 contract

Samples: Securities Purchase Agreement (AccelPath, Inc.)

Available Shares. The Company shall have at all times hereafter authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield issue one hundred percent (100%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights and exercise rights of the Buyer Purchasers pursuant to the terms and conditions of the Debenturesin Exhibit B and Exhibit C attached hereto.

Appears in 1 contract

Samples: Securities Purchase Agreement (Technest Holdings Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient equal to yield one hundred fifty percent (150%) of the number of shares of Common Stock issuable at upon conversion as may be required to satisfy the conversion rights of all of the Buyer pursuant to outstanding Preferred Stock, and the terms and conditions exercise of the DebenturesWarrants (as defined below).

Appears in 1 contract

Samples: Securities Purchase Agreement (U S Wireless Data Inc)

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Available Shares. (i) The Company shall have at all times authorized and reserved for issuance, issuance and free from preemptive rights, shares of Common Stock sufficient to yield an aggregate of 100% of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesCertificate of Designations. The Company shall initially reserve 6 million shares of authorized Common Stock to satisfy the requirements of this Section.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dynagen Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient equal to yield at least 100% of the number of shares of Common Stock issuable at upon conversion as may be required to satisfy the conversion rights of the Buyer pursuant to Debenture and the terms and conditions exercise of the DebenturesWarrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Knight Fuller Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield one hundred fifty percent (150%) of the number of shares of Common Stock issuable (i) at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the Debentures.Preferred Stock and (ii) upon exercise as may be required to satisfy the exercise rights of the Buyer pursuant to the terms and conditions of the Warrants

Appears in 1 contract

Samples: Securities Purchase Agreement (Saliva Diagnostic Systems Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Anschutz Co)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield two hundred percent (200%) of the number of shares of Common Stock issuable at conversion and upon exercise of the Warrants as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock for all outstanding shares of Preferred Stock and upon exercise of the Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Atlantic International Entertainment LTD)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer Investors pursuant to the terms and conditions of the DebenturesPreferred Stock, including the maximum conversion of Series B Stock under the Restated Articles.

Appears in 1 contract

Samples: Investor Rights Agreement (Gardenburger Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy issue the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesRepricing Shares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Eurotech LTD)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield one hundred fifty percent (150%) of the number of shares of Common Stock issuable (i) at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the Debentures.Debenture and (ii)upon exercise as may be required to satisfy the exercise rights of the Buyer pursuant to the terms and conditions of the Warrants

Appears in 1 contract

Samples: Securities Purchase Agreement (Preiss Byron Multimedia Co Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield issue the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesRepricing Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dynagen Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient to yield the aggregate of (i) two hundred percent (200%) of the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesDebentures and (ii) the number of shares issuable upon exercise as may be required to satisfy the exercise rights of the Buyer pursuant to the terms and conditions of the Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Advanced Viral Research Corp)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock sufficient equal to yield the number of shares of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesConversion Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Propell Technologies Group, Inc.)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, a number of shares of Common Stock sufficient at least equal to yield the number of shares issuable upon exercise of Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the Debenturesall outstanding Warrants held by all Purchasers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Zynex Medical Holdings Inc)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Common Stock a sufficient to yield the number of shares under the terms of this Agreement and Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer for issuance pursuant to the terms and conditions exercise of the DebenturesWarrants.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Econnect)

Available Shares. The Company shall have at all times authorized and reserved for issuance, free from preemptive rights, shares of Company Common Stock sufficient to yield two hundred percent (200%) of the number of shares of Company Common Stock issuable at conversion as may be required to satisfy the conversion rights of the Buyer pursuant to the terms and conditions of the DebenturesPreferred Stock or represent payment of dividends on the Preferred Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Eurogas Inc)

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