Common use of Available Stock Clause in Contracts

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (COMSovereign Holding Corp.), Securities Purchase Agreement (COMSovereign Holding Corp.)

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Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant at any timetime and such number of shares of Common Stock as the Company could foreseeable be required to issue as Make Whole Shares. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval stockholder approval for the authorization of such additional shares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Boxlight Corp), Securities Purchase Agreement (Boxlight Corp), Securities Purchase Agreement (Boxlight Corp)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note and exercise in full of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Shareholder Approval for the authorization of such additional shares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Abvc Biopharma, Inc.), Securities Purchase Agreement (Abvc Biopharma, Inc.), Securities Purchase Agreement (Abvc Biopharma, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Northann Corp.), Unit Purchase Agreement (Marizyme Inc), Unit Purchase Agreement (Marizyme Inc)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note and exercise in full of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Red Cat Holdings, Inc.), Securities Purchase Agreement (Golden Matrix Group, Inc.), Securities Purchase Agreement (PaxMedica, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval stockholder approval for the authorization of such additional shares.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note and exercise in full of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional sharesStock.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Castellum, Inc.), Securities Purchase Agreement (Castellum, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval stockholder approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Boxlight Corp)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock equal to the number of Investor Shares as are issuable upon repayment or conversion in full of the Note and exercise in full of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Blue Star Foods Corp.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note Notes and exercise in full of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Shareholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Blue Star Foods Corp.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock Ordinary Shares as are issuable upon repayment or conversion in full of the Note Notes and exercise in full of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve Ordinary Shares reserved and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock Ordinary Shares by seeking Stockholder shareholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hub Cyber Security Ltd.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such a number of shares of Common Stock as are issuable upon conversion of equal to the Note and exercise of the Warrant at any timeRequired Minimum. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.55.05, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval shareholder approval for an amendment to the authorization Certificate of such additional sharesIncorporation of the Company to increase the number of authorized shares of Common Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (AERWINS Technologies Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock Shares as are issuable upon repayment or conversion in full of the Note Notes and exercise in full of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock Shares to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock Shares by seeking Stockholder Shareholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Sphere 3D Corp.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock Shares as are issuable upon conversion of the Note and exercise of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock Shares to reserve and keep available for issuance as described in this Section 5.55.6, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock Shares by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Siyata Mobile Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant Warrants at any time, including any additional shares of Common Stock that may be issued due to any adjustments, as more fully detailed in the Warrants. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (BitNile Holdings, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock equal to the number of Investment Shares as are issuable upon repayment or conversion in full of the Note and exercise in full of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Shareholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gse Systems Inc)

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Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note and exercise in full of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5Section5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ainos, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock equal to the number of Investment Shares as are issuable upon repayment or conversion in full of the Note Notes and exercise in full of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Shareholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gse Systems Inc)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock Ordinary Shares as are issuable upon repayment or conversion in full of the Note Notes and exercise in full of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock Ordinary Shares to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock Ordinary Shares by seeking Stockholder Shareholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (G Medical Innovations Holdings Ltd.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of any preemptive rightsright, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note Notes and exercise in full of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Shareholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Know Labs, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval stockholder approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bio Key International Inc)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Seelos Therapeutics, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note and exercise of the Warrant Notes at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described satisfy its obligations to issue the Common Stock required to be issued upon repayment or conversion in full of the Notes pursuant to this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Iridex Corp)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon conversion of the Note and exercise of the Warrant Notes at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Seelos Therapeutics, Inc.)

Available Stock. The Company shall at all times keep authorized and reserved and available for issuance, free of preemptive rights, such number of shares of Common Stock as are issuable upon repayment or conversion in full of the Note and exercise in full of the Warrant Warrants at any time. If the Company determines at any time that it does not have a sufficient number of authorized shares of Common Stock to reserve and keep available for issuance as described in this Section 5.5, the Company shall use all commercially reasonable efforts to increase the number of authorized shares of Common Stock by seeking Stockholder Approval for the authorization of such additional shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (PARTS iD, Inc.)

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