Equity Shares. (a) As additional consideration for the advancement of the Loan, Borrower shall issue to Lender Common Shares of Borrower as follows: 33,333 Common Shares upon advancement of the Loan (the "Common Shares"). (b) The Common Shares will not be registered under the Securities Act of 1933, as amended (the "Securities Act"), and accordingly, will constitute "restricted securities" for purposes of the Securities Act and Lender will not be able to transfer such Common Shares except upon compliance with the registration requirements of the Securities Act and applicable state securities laws or an exemption therefrom. The certificates evidencing the Common Shares shall contain a legend to the foregoing effect. (c) Borrower, shall upon the demand of any holder of the Common Shares, file a registration statement with the SEC to permit the sale of the Common Shares by the holders of such shares from time to time. The holders of the Common Shares shall also have "piggyback" registration rights.
Appears in 2 contracts
Samples: Loan Agreement (Consolidated Capital of North America Inc), Loan Agreement (Consolidated Capital of North America Inc)
Equity Shares. (a) As additional consideration for the advancement of the Loan, Borrower shall issue to Lender Common Shares of Borrower as follows: 33,333 33,334 Common Shares upon advancement of the Loan (the "Common Shares").
(b) The Common Shares will not be registered under the Securities Act of 1933, as amended (the "Securities Act"), and accordingly, will constitute "restricted securities" for purposes of the Securities Act and Lender will not be able to transfer such Common Shares except upon compliance with the registration requirements of the Securities Act and applicable state securities laws or an exemption therefrom. The certificates evidencing the Common Shares shall contain a legend to the foregoing effect.
(c) Borrower, shall upon the demand of any holder of the Common Shares, file a registration statement with the SEC to permit the sale of the Common Shares by the holders of such shares from time to time. The holders of the Common Shares shall also have "piggyback" registration rights.
Appears in 1 contract
Samples: Loan Agreement (Consolidated Capital of North America Inc)
Equity Shares. (a) As additional consideration for the advancement of the Loan, Borrower Consolidated Capital shall issue to Lender Common Shares of Borrower Consolidated Capital as follows: 33,333 16,666 Common Shares upon advancement of the Loan (the "Common Shares").
(b) The Common Shares will not be registered under the Securities Act of 1933, as amended (the "Securities Act"), and accordingly, will constitute "restricted securities" for purposes of the Securities Act and Lender will not be able to transfer such Common Shares except upon compliance with the registration requirements of the Securities Act and applicable state securities laws or an exemption therefrom. The certificates evidencing the Common Shares shall contain a legend to the foregoing effect.
(c) BorrowerConsolidated Capital, shall upon the demand of any holder of the Common Shares, file a registration statement with the SEC to permit the sale of the Common Shares by the holders of such shares from time to time. The holders of the Common Shares shall also have "piggyback" registration rights.
Appears in 1 contract
Samples: Loan Agreement (Consolidated Capital of North America Inc)
Equity Shares. (a) As additional consideration for the advancement of the Loan, Borrower shall issue to Lender Common Shares of Borrower as follows: 33,333 60,000 Common Shares upon advancement of the Loan (the "Common Shares").
(b) The Common Shares will not be registered under the Securities Act of 1933, as amended (the "Securities Act"), and accordingly, will constitute "restricted securities" for purposes of the Securities Act and Lender will not be able to transfer such Common Shares except upon compliance with the registration requirements of the Securities Act and applicable state securities laws or an exemption therefrom. The certificates evidencing the Common Shares shall contain a legend to the foregoing effect.
(c) Borrower, shall upon the demand of any holder of the Common Shares, file a registration statement with the SEC to permit the sale of the Common Shares by the holders of such shares from time to time. The holders of the Common Shares shall also have "piggyback" registration rights.
Appears in 1 contract
Samples: Loan Agreement (Consolidated Capital of North America Inc)