Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 96 contracts
Samples: Equity Purchase Facility Agreement (New Era Helium Inc.), Standby Equity Purchase Agreement (Baijiayun Group LTD), Standby Equity Purchase Agreement (Nukkleus Inc.)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 2.05 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 11 contracts
Samples: Purchase Agreement (Scienture Holdings, Inc.), Purchase Agreement (Crown LNG Holdings LTD), Purchase Agreement (Incannex Healthcare Inc.)
Consolidation. If an the Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such the Advance Notice has been closed in accordance with Section 2.02 hereof, and all Advance Shares in connection with such the Advance have been received by the Investor.
Appears in 6 contracts
Samples: Standby Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Standby Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Standby Equity Subscription Agreement (Antelope Enterprise Holdings LTD)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 2.05 hereof, and all Common Shares in connection with such Advance have been received by the Investor.
Appears in 5 contracts
Samples: Purchase Agreement (Australian Oilseeds Holdings LTD), Purchase Agreement (Australian Oilseeds Holdings LTD), Purchase Agreement (Australian Oilseeds Holdings LTD)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 5 contracts
Samples: Investment Agreement (Meridian Waste Solutions, Inc.), Standby Equity Distribution Agreement (Oxygen Therapy, Inc.), Standby Equity Distribution Agreement (EZTD Inc)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to to, another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 5 contracts
Samples: Standby Equity Purchase Agreement (Envirotech Vehicles, Inc.), Standby Equity Purchase Agreement (Soluna Holdings, Inc), Standby Equity Purchase Agreement (Applied Digital Corp.)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another an entity other than a Subsidiary before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof. The Company shall not give an Advance Notice if a shareholder meeting, or the record date for any shareholder meeting, would fall during the period beginning on the Advance Notice Date and all Shares in connection with ending 5 Trading Days following the closing of such Advance have been received by the InvestorAdvance.
Appears in 2 contracts
Samples: Standby Equity Distribution Agreement (Leafbuyer Technologies, Inc.), Standby Equity Distribution Agreement (Micronet Enertec Technologies, Inc.)
Consolidation. If an Advance Notice has been delivered to the Investor, then then, except as contemplated by the terms of the Merger Agreement as in effect as of the date hereof, the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof3.02, and all Shares in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (AGBA Group Holding Ltd.)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity that is not an affiliate before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Advance Shares sold in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (Niocorp Developments LTD)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof2.02, and all Shares in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (Pono Capital Corp)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 2.05 hereof, and all Shares Common Stock in connection with such Advance have been received by the Investor.
Appears in 1 contract
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor; provided, however, the foregoing shall not limit the Company from complying with any order or other notice issued by any governmental authority.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (InMed Pharmaceuticals Inc.)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 2.06 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Purchase Agreement (Focus Impact Acquisition Corp.)
Consolidation. If an Advance Notice has been delivered to the Investor, then then, except in connection with the closing of the Merger, the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (AGBA Group Holding Ltd.)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (“Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Cannabics Pharmaceuticals Inc.)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Advance Shares in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (SaverOne 2014 Ltd.)
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 2.03 hereof, and all Shares issuable in connection with such Advance have been received by the Investor.
Appears in 1 contract
Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 3.04 hereof, and all Shares in connection with such Advance have been received by the Investor.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (GigCapital5, Inc.)