Holder’s Option if Company Cannot Fully Convert. If, upon the Company's receipt of a Conversion Notice, the Company cannot issue shares of Common Stock for any reason, including, without limitation, because the Company (i) does not have a sufficient number of shares of Common Stock authorized and available, or (ii) is otherwise prohibited by applicable law or by the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Company or its securities from issuing all of the Common Stock which is to be issued to a holder of Series C Preferred Stock pursuant to a Conversion Notice, then the Company shall issue as many shares of Common Stock as it is able to issue in accordance with such holder's Conversion Notice, and with respect to the unconverted Series C Preferred Stock (the “Unconverted Preferred Stock”), the holder, solely at such holder's option, can elect to, at any time after receipt of notice from the Company that there is Unconverted Preferred Stock, to void the holder’s Conversion Notice as to the number of shares of Common Stock the Company is unable to issue and retain or have returned, as the case may be, the certificates for the shares of the Unconverted Preferred Stock.
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Holder’s Option if Company Cannot Fully Convert. If, upon the Company's receipt of a Conversion Notice, the Company cannot issue shares of Common Stock for any reason, including, without limitation, because the Company (i) does not have a sufficient number of shares of Common Stock authorized and available, or (ii) is otherwise prohibited by applicable law or by the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Company or its securities from issuing all of the Common Stock which is to be issued to a holder of Series C B Preferred Stock pursuant to a Conversion Notice, then the Company shall issue as many shares of Common Stock as it is able to issue in accordance with such holder's Conversion Notice, and with respect to the unconverted Series C B Preferred Stock (the “Unconverted Preferred Stock”), the holder, solely at such holder's option, can elect to, at any time after receipt of notice from the Company that there is Unconverted Preferred Stock, to void the holder’s Conversion Notice as to the number of shares of Common Stock the Company is unable to issue and retain or have returned, as the case may be, the certificates for the shares of the Unconverted Preferred Stock.
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Holder’s Option if Company Cannot Fully Convert. If, upon the Company's Corporation’s receipt of a Conversion Notice, the Company Corporation cannot issue shares of Common Stock for any reason, including, without limitation, because the Company Corporation (i) does not have a sufficient number of shares of Common Stock authorized and available, or (ii) is otherwise prohibited by applicable law or by the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Company Corporation or its securities from issuing all of the Common Stock which is to be issued to a holder of Series C F Preferred Stock pursuant to a Conversion Notice, then the Company Corporation shall issue as many shares of Common Stock as it is able to issue in accordance with such holder's ’s Conversion Notice, and with respect to the unconverted Series C F Preferred Stock (the “Unconverted Preferred Stock”), the holder, solely at such holder's ’s option, can elect to, at any time after receipt of notice from the Company Corporation that there is Unconverted Preferred Stock, to void the holder’s Conversion Notice as to the number of shares of Common Stock the Company Corporation is unable to issue and retain or have returned, as the case may be, the certificates for the shares of the Unconverted Preferred Stock.
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Samples: Stock Exchange and Loan Agreement (Navidea Biopharmaceuticals, Inc.)
Holder’s Option if Company Cannot Fully Convert. If, upon the Company's ’s receipt of a Conversion Notice, the Company cannot issue shares of Common Stock Class A Ordinary Shares for any reason, including, without limitation, because the Company (i) does not have a sufficient number of shares of Common Stock Class A Ordinary Shares authorized and available, or (ii) is otherwise prohibited by applicable law or by the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Company or its securities from issuing all of the Common Stock Class A Ordinary Shares which is to be issued to a holder of Series C Preferred Stock Class A Preference Shares pursuant to a Conversion Notice, then the Company shall issue as many shares of Common Stock Class A Ordinary Shares as it is able to issue in accordance with such holder's ’s Conversion Notice, and with respect to the unconverted Series C Preferred Stock Class A Preference Shares (the “Unconverted Preferred StockPreference Shares”), the holder, solely at such holder's ’s option, can elect to, at any time after receipt of notice from the Company that there is Unconverted Preferred StockPreference Shares, to void the holder’s Conversion Notice as to the number of shares of Common Stock Class A Ordinary Shares the Company is unable to issue and retain or have returned, as the case may be, the certificates for the shares of the Unconverted Preferred StockPreference Shares.
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Samples: Preference Share Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.)