Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 50 contracts
Samples: Investment Agreement (Tri Valley Corp), Investment Agreement (Itronics Inc), Investment Agreement (Itronics Inc)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National a NASDAQ Market, then, unless the Company has obtained the necessary approval (“Stockholder 20% Approval Approval”) of its shareholders as set forth in Section 6.11 required under the Nasdaq 20% Rule or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "“Cap Amount"”) that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) 5635 (or any other applicable Nasdaq Rules or any successor rule) (the "“Nasdaq 20% Rule"”).
Appears in 16 contracts
Samples: Investment Agreement (Blue Sphere Corp.), Investment Agreement (Dynamic Ventures Corp.), Investment Agreement (Amarantus BioSciences, Inc.)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 9 contracts
Samples: Investment Agreement (Patriot Scientific Corp), Investment Agreement (Go Online Networks Corp /De/), Investment Agreement (Alottafun Inc)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless Unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 5 contracts
Samples: Investment Agreement (Technical Chemicals & Products Inc), Investment Agreement (Technical Chemicals & Products Inc), Investment Agreement (Delta Petroleum Corp/Co)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless Unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 3 contracts
Samples: Subscription Agreement (Shopping Com), Investment Agreement (Medical Industries of America Inc), Investment Agreement (Cyber Care Inc)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount'") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 2 contracts
Samples: Investment Agreement (New Millennium Media International Inc), Investment Agreement (New Millennium Media International Inc)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National a NASDAQ Market, then, unless the Company has obtained the necessary approval (“Stockholder 20% Approval Approval”) of its shareholders as set forth in Section 6.11 required under the Nasdaq 20% Rule or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "“Cap Amount"”) that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii4350(i)(1)(d)(i) (or any other applicable Nasdaq Rules or any successor rule) (the "“Nasdaq 20% Rule"”).
Appears in 2 contracts
Samples: Investment Agreement (Li3 Energy, Inc.), Investment Agreement (Li3 Energy, Inc.)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.10 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 2 contracts
Samples: Investment Agreement (Texas Commercial Resources Inc), Investment Agreement (Texas Commercial Resources Inc)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.10 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "“Cap Amount"”) that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "“Nasdaq 20% Rule"”).
Appears in 2 contracts
Samples: Investment Agreement (Cyber Law Reporter Inc), Investment Agreement (Cyber Law Reporter Inc)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National a NASDAQ Market, then, unless the Company has obtained the necessary approval (“Stockholder 20% Approval Approval”) of its shareholders as set forth in Section 6.11 required under the Nasdaq 20% Rule or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "“Cap Amount"”) that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) 5635] (or any other applicable Nasdaq Rules or any successor rule) (the "“Nasdaq 20% Rule"”).
Appears in 1 contract
Samples: Investment Agreement (Medisafe 1 Technologies Corp)
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii4460(I)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 1 contract
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(iiNASDAQ RULE 4460(I)(1)(D)(II) (or any other applicable Nasdaq Rules OR ANY OTHER APPLICABLE NASDAQ RULES or any successor rule) (the THE "Nasdaq NASDAQ 20% RuleRULE").
Appears in 1 contract
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii4460(i)(l)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").
Appears in 1 contract
Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "“Cap Amount"”) that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "“Nasdaq 20% Rule"”).
Appears in 1 contract
