Cap Amount. 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 (Delta Petroleum Corp/Co), Investment Agreement (Technical Chemicals & Products Inc), Investment Agreement (Delta Petroleum Corp/Co)
Cap Amount. 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: Investment Agreement (Medical Industries of America Inc), Investment Agreement (Cyber Care Inc), Subscription Agreement (Shopping Com)
