Common use of Conversion Cap Clause in Contracts

Conversion Cap. Notwithstanding anything to the contrary contained herein, unless shareholder approval has been obtained, the Company shall not effect the conversion of any portion of this Note, and the Holder shall not have the right to convert any portion of this Note pursuant to the terms and conditions of this Note and any such conversion shall be null and void and treated as if never made, to the extent that after giving effect to such conversion, the shares of Common Stock underlying the Notes issued in the Exchange Agreement collectively would exceed 19.99% of the shares of Common Stock outstanding immediately prior to the Original Issue Date.

Appears in 3 contracts

Samples: Convertible Security Agreement (AMEDICA Corp), Convertible Security Agreement (AMEDICA Corp), Convertible Security Agreement (Immune Pharmaceuticals Inc)

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Conversion Cap. Notwithstanding anything to the contrary contained herein, unless shareholder approval Shareholder Approval has been obtained, the Company shall not effect the conversion of any portion of this NoteDebenture, and the Holder shall not have the right to convert any portion of this Note Debenture pursuant to the terms and conditions of this Note Debenture and any such conversion shall be null and void and treated as if never made, to the extent that after giving effect to such conversion, the shares of Common Stock underlying this Debenture and the Notes issued in the Exchange Agreement collectively series of Debentures, collectively, would exceed 19.99% of the shares of Common Stock outstanding immediately prior to the Original Issue Date.

Appears in 1 contract

Samples: Convertible Security Agreement (xG TECHNOLOGY, INC.)

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