Common use of Increases to Reserved Amount Clause in Contracts

Increases to Reserved Amount. If the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "AUTHORIZATION TRIGGER DATE") shall be less than 175% of the number of shares of Common Stock issuable upon conversion of this Debenture on such trading days, the Corporation shall immediately notify Holder of such occurrence and shall take immediate action (including, if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon conversion of this Debenture. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VIII.C) to the Corporation, to require the Corporation to prepay for cash, at the Default Amount (as defined in Article VIII.B), a portion of the principal amount of this Debenture (plus accrued interest thereon) such that, after giving effect to such prepayment, the Reserved Amount exceeds 175% of the total number of shares of Common Stock issuable to Holder upon conversion of this Debenture on the date of the Default Notice. If the Corporation fails to pay such Default Amount within five (5) business days after its receipt of a Default Notice, then Holder shall be entitled to the remedies provided in Article VIII.C.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Accent Software International LTD), Securities Purchase Agreement (Accent Software International LTD)

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Increases to Reserved Amount. If the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "AUTHORIZATION TRIGGER DATE") shall be less than 175135% of the number of shares of Common Stock issuable upon conversion exercise of this Debenture Warrant on such trading days, the Corporation shall immediately notify Holder of such occurrence and shall take immediate action (including, if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon conversion exercise of this DebentureWarrant. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VIII.CV.C) to the Corporation, to require the Corporation to prepay redeem for cash, at the Default Amount (as defined in Article VIII.BV.B), a portion of the principal amount Prepaid Amount of this Debenture (plus accrued interest thereon) Warrant such that, after giving effect to such prepaymentredemption, the Reserved Amount exceeds 175135% of the total number of shares of Common Stock issuable to Holder upon conversion exercise of this Debenture Warrant on the date of the Default Notice. If the Corporation fails to pay such Default Amount within five (5) business days after its receipt of a Default Notice, then Holder shall be entitled to the remedies provided in Article VIII.C.V.C.

Appears in 1 contract

Samples: Warrant Agreement (Smartserv Online Inc)

Increases to Reserved Amount. If the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "AUTHORIZATION TRIGGER DATE") shall be less than 175% of the number of shares of Common Stock Ordinary Shares issuable upon conversion of this Debenture the outstanding Series B Preferred Shares on such trading days, the Corporation Company shall immediately notify Holder the holders of Series B Preferred Shares of such occurrence and shall take immediate action (including, if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common StockOrdinary Shares) to increase the Reserved Amount to 200% of the number of shares of Common Stock Ordinary Shares then issuable upon conversion of this Debenturethe outstanding Series B Preferred Shares. In the event the Corporation Company fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, Holder each holder of Series B Preferred Shares shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Redemption Notice (as defined in Article VIII.C) to the CorporationCompany, to require the Corporation Company to prepay purchase for cash, at an amount per share equal to the Default Redemption Amount (as defined in Article VIII.B), a portion of the principal amount of this Debenture (plus accrued interest thereon) holder's Series B Preferred Shares such that, after giving effect to such prepaymentpurchase, the holder's allocated portion of the Reserved Amount exceeds 175% of the total number of shares of Common Stock Ordinary Shares issuable to Holder such holder upon conversion of this Debenture on the date of the Default Noticeits Series B Preferred Shares. If the Corporation Company fails to pay redeem any of such Default Amount shares within five (5) business days after its receipt of a Default Noticesuch Redemption Date, then Holder such holder shall be entitled to the remedies provided in Article VIII.C.

Appears in 1 contract

Samples: Securities Purchase Agreement (Accent Software International LTD)

Increases to Reserved Amount. If If, at any time after the date hereof, the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "AUTHORIZATION TRIGGER DATE") shall be less than 175135% of the number of shares of Common Stock issuable upon conversion the full exercise of this Debenture on such trading daysall Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement, the Corporation shall immediately notify Holder the holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking shareholder stockholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon conversion the full exercise of this Debentureall Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VIII.CVI.C) to the Corporation, to require the Corporation to prepay for cash, at pay to Holder an amount in cash equal to the Default Amount (as defined in Article VIII.BVI.B), a portion of . Upon payment by the principal amount of this Debenture (plus accrued interest thereon) such that, after giving effect to such prepayment, the Reserved Amount exceeds 175% of the total number of shares of Common Stock issuable to Holder upon conversion of this Debenture on the date Corporation of the Default NoticeAmount, this Warrant shall be null and void. If the Corporation fails to pay such deliver the Default Amount to Holder within five (5) business days after its receipt of a such Default Notice, then Holder shall be entitled to the remedies provided in Article VIII.C.VI.C.

Appears in 1 contract

Samples: Warrant Agreement (Fastcomm Communications Corp)

Increases to Reserved Amount. If the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "AUTHORIZATION TRIGGER DATEAuthorization Trigger Date") shall be less than 175135% of the number of shares of Class A Common Stock issuable upon conversion of this Debenture on such trading days, the Corporation shall immediately notify Holder of such occurrence and shall take immediate action (including, if necessary, seeking shareholder approval to authorize the issuance of additional shares of Class A Common Stock) to increase the Reserved Amount to 200% of the number of shares of Class A Common Stock then issuable upon conversion of this Debenture. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VIII.C) to the Corporation, to require the Corporation to prepay for cash, at the Default Amount (as defined in Article VIII.B), a portion of the principal amount of this Debenture (plus accrued interest thereon) such that, after giving effect to such prepayment, the Reserved Amount exceeds 175135% of the total number of shares of Class A Common Stock issuable to Holder upon conversion of this Debenture on the date of the Default Notice. If the Corporation fails to pay such Default Amount within five (5) business days after its receipt of a Default Notice, then Holder shall be entitled to the remedies provided in Article VIII.C.

Appears in 1 contract

Samples: Convertible Term Debenture (Base Ten Systems Inc)

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Increases to Reserved Amount. If the Reserved Amount for any three (3) ---------------------------- consecutive trading days (the last of such three (3) trading days being the "AUTHORIZATION TRIGGER DATEAuthorization Trigger Date") shall be less than 175135% of the number of shares of Common Stock issuable upon conversion of this Debenture on such trading daysthe Debentures, the Corporation shall immediately notify Holder the Holders of the Debentures of such occurrence and shall take immediate action (including, if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon conversion of this Debenturethe Debentures. In the event the Corporation fails to so increase the Reserved Amount within within, in the event shareholder approval is required, ninety (90) days, or, in the event only approval of the Company's Board of Directors is required, ten (10) days after an Authorization Trigger Date, each Holder of the Debentures shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VIII.CVII.C) to the Corporation, to require the Corporation to prepay for cash, at the Default Amount (as defined in Article VIII.BVII.B), a portion of the Holder's principal amount outstanding of this Debenture the Debentures (plus accrued interest thereon) such that, after giving effect to such prepayment, the holder's allocated portion of the Reserved Amount exceeds 175135% of the total number of shares of Common Stock issuable to Holder such holder upon conversion of this Debenture on the date of the Default Noticeits Debenture. If the Corporation fails to pay such the Default Amount within five (5) business days after its receipt of a such Default Notice, then such Holder shall be entitled to the remedies provided in Article VIII.C.VII.

Appears in 1 contract

Samples: Securities Purchase Agreement (Knickerbocker L L Co Inc)

Increases to Reserved Amount. If the Reserved Amount for any three trading day (3) consecutive such trading days (the last of such three (3) trading days day being the "AUTHORIZATION TRIGGER DATEAuthorization Trigger Date") shall be less than 175100% of the number of shares of Common Stock issuable upon conversion of this Debenture on such trading daysthe Debentures, the Corporation shall immediately notify Holder the Holders of the Debentures of such occurrence and shall take immediate action (including, if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200100% of the number of shares of Common Stock then issuable upon conversion of this Debenturethe Debentures. In the event the Corporation fails to so increase the Reserved Amount within within, in the event shareholder approval is required, ninety (90) days, or, in the event only approval of the corporation's Board of Directors is required, five (5) days after an Authorization Trigger Date, each Holder of the Debentures shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VIII.CVII.C) to the Corporation, to require the Corporation to prepay for cash, at the Default Amount (as defined in Article VIII.BVII.B), a portion of the principal amount of this Debenture Holder's Debentures (plus accrued interest thereon) such that, after giving effect to such prepayment, the Reserved Amount exceeds 175% of the total number of shares of Common Stock issuable to Holder upon conversion of this Debenture on the date of the Default Notice). If the Corporation fails to pay such the Default Amount within five (5) business days after its receipt of a such Default Notice, then such Holder shall be entitled to the remedies provided in Article VIII.C.VII.

Appears in 1 contract

Samples: Securities Purchase Agreement (Icc Technologies Inc)

Increases to Reserved Amount. If the Reserved Amount for any three five (35) consecutive trading days (the last of such three five (35) trading days being the "AUTHORIZATION TRIGGER DATEAuthorization Trigger Date") shall be less than 175150% of the number of shares of Common Stock issuable upon conversion of this Debenture the Series A Preferred Stock on such trading days, the Corporation shall immediately notify Holder the holders of Series A Preferred Stock of such occurrence and shall immediately take immediate all necessary action (including, if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon conversion of this Debenturethe outstanding Series A Preferred Stock. In the event the Corporation fails to so increase the Reserved Amount within ninety within: (90i) thirty (30) days after an Authorization Trigger Date if shareholder approval is not required by applicable law for such increase; or (ii) one hundred twenty (120) days after an Authorization Trigger Date if shareholder approval is required by applicable law (provided, however, that the Corporation must file preliminary proxy materials with the Securities and Exchange Commission ("SEC") within thirty (30) days of an Authorization Trigger Date), Holder each holder of Series A Preferred Stock shall thereafter have the option, exercisable in whole or in part (but only to the extent that it would not cause the Corporation to be in "Monetary Default" (as herein defined)) at any time and from time to time by delivery of a Default Redemption Notice (as defined in Article VIII.CVIII. C) to the Corporation, to require the Corporation Corporation, to prepay purchase for cash, at an amount per share equal to the Default Amount (as defined in Article VIII.B)Redemption Conversion Amount, up to a portion of the principal amount of this Debenture (plus accrued interest thereon) holder's Series A Preferred Stock such that, after giving effect to such prepaymentpurchase, the holder's allocated portion of the Reserved Amount exceeds 175200% of the total number of shares of Common Stock issuable to Holder upon conversion of this Debenture on the date of the Default Notice. If the Corporation fails to pay such Default Amount within five (5) business days after its receipt of a Default Notice, then Holder shall be entitled to the remedies provided in Article VIII.C.holder upon

Appears in 1 contract

Samples: Securities Purchase Agreement (Intellicall Inc)

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