Common use of DEFERRAL OF ISSUE OF SHARES AND WARRANTS Clause in Contracts

DEFERRAL OF ISSUE OF SHARES AND WARRANTS. 7.1 Notwithstanding anything herein to the contrary, in order to ensure compliance with NASDAQ Marketplace Rule 4350(i)(1)(c)(i), if, immediately following the issuance of any shares of CEDC Common Stock pursuant to this Agreement, the Holdcos and their Affiliates would collectively own 5% or more of the number of shares of CEDC Common Stock outstanding or 5% or more of the voting power of CEDC outstanding (the “Substantial Shareholder Threshold”), then the following shall apply:

Appears in 3 contracts

Samples: www.sec.gov, Option Agreement (Central European Distribution Corp), Option Agreement (Central European Distribution Corp)

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DEFERRAL OF ISSUE OF SHARES AND WARRANTS. 7.1 Notwithstanding anything herein to the contrary, in order to ensure compliance with NASDAQ Marketplace Listing Rule 4350(i)(1)(c)(i5635(a)(2), if, immediately following the issuance of any shares of CEDC Common Stock pursuant to this Agreement, the Holdcos and their Affiliates would collectively own 5% or more of the number of shares of CEDC Common Stock outstanding or 5% or more of the voting power of CEDC outstanding (the “Substantial Shareholder Threshold”), then the following shall apply:

Appears in 1 contract

Samples: Option Agreement (Central European Distribution Corp)

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