Disclosure Schedule 3. 1(e) 1. Pursuant to Section 3.9 of the promissory notes (the “Notes”) issued by the Company to Xx. Xxxx Xxxxxxxxxx, The Xxxx X. Xxxxxxx Revocable Trust, Dr. T. Xxxx XxXxxxxxx, Mr. Jian Xxxx Xx, and Pioneer Pharma (Singapore) Pte. Ltd. (the “Lenders”), the Company must obtain the unanimous approval of its Board of Directors to conduct any capital raise transaction until the earliest to occur of the following: (i) January 12, 2018; (ii) the day that the Company’s cash flow has been equal to or greater than zero dollars ($0) in each month for three (3) consecutive months; or (iii) the amounts payable under the Notes have been paid.
Appears in 3 contracts
Samples: Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)
