Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 24 contracts
Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 22 contracts
Samples: Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (Generex Biotechnology Corp)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day Trading Day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 12 contracts
Samples: Securities Purchase Agreement (PishPosh, Inc.), Securities Purchase Agreement (Glimpse Group, Inc.), Securities Purchase Agreement (Mechanical Technology Inc)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documentsbeen engaged in any violation of law, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 5 contracts
Samples: Subscription Agreement (China Yongxin Pharmaceuticals Inc.), Subscription Agreement (China Yongxin Pharmaceuticals Inc.), Subscription Agreement (Glen Rose Petroleum CORP)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 5 contracts
Samples: Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 4 contracts
Samples: Subscription Agreement (Cambridge Heart Inc), Subscription Agreement (Cambridge Heart Inc), Subscription Agreement (Cambridge Heart Inc)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares unlegended shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7unlegended shares, the Company may not refuse to deliver Unlegended Shares unlegended shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares unlegended shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock Shares and Warrant Shares which is subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares unlegended shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 4 contracts
Samples: Securities Purchase Agreement (American Graphite Technologies Inc.), Securities Purchase Agreement (PLC Systems Inc), Securities Purchase Agreement (American Graphite Technologies Inc.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated Affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, unless an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares Shares, shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125% of the amount of the aggregate purchase price Purchase Price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 3 contracts
Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)
Injunction. In the event a Subscriber the Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber the Purchaser or any one anyone associated or affiliated with such Subscriber the Purchaser has not complied with Subscriberthe Purchaser’s obligations under the Transaction Documents, or for any other reason, unless, unless an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber the Purchaser in the amount of the greater greatest of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond injunction shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber the Purchaser to the extent Subscriber the Purchaser obtains judgment in Subscriberthe Purchaser’s favor.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Western Magnesium Corp.), Securities Purchase Agreement (Western Magnesium Corp.), Securities Purchase Agreement (Western Magnesium Corp.)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock Ordinary Shares on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 3 contracts
Samples: Securities Purchase Agreement (PV Nano Cell, Ltd.), Securities Purchase Agreement (PV Nano Cell, Ltd.), Securities Purchase Agreement (PV Nano Cell, Ltd.)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock Shares on the trading day Trading Day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 3 contracts
Samples: Securities Exchange Agreement (NLS Pharmaceutics Ltd.), Securities Purchase Agreement (NLS Pharmaceutics Ltd.), Securities Purchase Agreement (NLS Pharmaceutics Ltd.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 9 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.79, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 2 contracts
Samples: Accrued Salary Exchange Agreement (Attitude Drinks Inc.), Promissory Notes Exchange Agreement (Attitude Drinks Inc.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 11.2 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711.2, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 2 contracts
Samples: Subscription Agreement (Innovative Food Holdings Inc), Subscription Agreement (Ironwood Gold Corp)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, or (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 2 contracts
Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Gratitude Health, Inc.), Securities Purchase Agreement (Friendable, Inc.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 2 contracts
Samples: Exchange Agreement (Attitude Drinks Inc.), Exchange Agreement (Attitude Drinks Inc.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock Shares on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alternus Energy Inc.)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares unlegended shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7unlegended shares, the Company may not refuse to deliver Unlegended Shares unlegended shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares unlegended shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock Shares which is subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares unlegended shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Genius Brands International, Inc.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 11.2 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711.2, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares unlegended shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock Shares and Warrant Shares which is subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bio Key International Inc)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7this Section, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documentsbeen engaged in any violation of law, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber the Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber the Purchaser or any one anyone associated or affiliated with such Subscriber the Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber the Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber the Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Uppercut Brands, Inc.)
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711.2, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, or (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.711, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, (ii) the closing price of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares unlegended shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock Shares and Warrant Shares which is are subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (MV Portfolios, Inc.)
Injunction. In the event a Subscriber Seller shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Seller or any one anyone associated or affiliated with such Subscriber Seller has not complied with SubscriberSeller’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Seller in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Seller to the extent Subscriber Seller obtains judgment in SubscriberSeller’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber shall request delivery of Unlegended Shares as described in Section 11 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber or any one anyone associated or affiliated with such Subscriber has not complied with Subscriber’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is subject to the injunction or temporary restraining order, or (ii) the closing price of the Common Stock on the trading day Trading Day (as defined in Section 13(h) herein) before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber to the extent Subscriber obtains judgment in Subscriber’s favor.
Appears in 1 contract
Samples: Subscription Agreement (Adamis Pharmaceuticals Corp)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber any Purchaser or any one anyone associated or affiliated with such Subscriber any Purchaser has not complied with Subscribera Purchaser’s obligations under the Transaction Documents, or for any other reason, unless, unless an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater greatest of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond injunction shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber such Purchaser obtains judgment in Subscribersuch Purchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Western Magnesium Corp.)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater greatest of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond injunction shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (BriaCell Therapeutics Corp.)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with Subscriber’s Purchaser's obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day Trading Day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in Subscriber’s Purchaser's favor.
Appears in 1 contract
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with Subscriber’s Purchaser's obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock which is Underlying Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in Subscriber’s Purchaser's favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ironwood Gold Corp.)
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Shares, the Company may not refuse to deliver Unlegended Shares based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125130% of the amount of the aggregate purchase price of the Common Stock which is Conversion Shares to be subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Injunction. In the event a Subscriber Purchaser shall request delivery of Unlegended Shares or Warrant Shares as described in this Section 11 4.1 and the Company is required to deliver such Unlegended Shares pursuant to Section 11.7Securities, the Company may not refuse to deliver Unlegended Shares such Securities based on any claim that such Subscriber Purchaser or any one anyone associated or affiliated with such Subscriber Purchaser has not complied with SubscriberPurchaser’s obligations under the Transaction Documents, or for any other reason, unless, an injunction or temporary restraining order from a court, on notice, restraining and or enjoining delivery of such Unlegended Shares unlegended shares shall have been sought and obtained by the Company and the Company has posted a surety bond for the benefit of such Subscriber Purchaser in the amount of the greater of (i) 125120% of the amount of the aggregate purchase price of the Common Stock Shares and Warrant Shares which is are subject to the injunction or temporary restraining order, or (ii) the closing price VWAP of the Common Stock on the trading day before the issue date of the injunction multiplied by the number of Unlegended Shares and Warrant Shares to be subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the dispute and the proceeds of which shall be payable to such Subscriber Purchaser to the extent Subscriber Purchaser obtains judgment in SubscriberPurchaser’s favor.
Appears in 1 contract
Samples: Securities Purchase Agreement (FMC GlobalSat Holdings, Inc.)