Issuance Restrictions. If the Company has not obtained Shareholder Approval, the Company may not issue upon exercise of this Warrant (1) any shares until six months from the Initial Exercise Date and (2) from and after six months from the Initial Exercise Date (or until such later date if the Company continues to seek shareholder approval at the request of the holders of Warrants), a number of shares of Common Stock, which, when aggregated with any shares of Common Stock issued (i) pursuant to any Debentures issued pursuant to the Purchase Agreement (whether upon conversion or as payment of interest), and (ii) upon prior exercise of this or any other Warrant issued pursuant to the Purchase Agreement, would exceed 1,622,612, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of the Purchase Agreement (such number of shares, the “Issuable Maximum”). The Holder and the holders of the other Debentures and Warrants issued pursuant to the Purchase Agreement shall be entitled to a portion of the Issuable Maximum equal to the quotient obtained by dividing (x) the Holder’s original Subscription Amount by (y) the aggregate original Subscription Amount of all holders pursuant to the Purchase Agreement. In addition, the Holder may allocate its pro-rata portion of the Issuable Maximum among Warrants and Debentures held by it in its sole discretion. Such portion shall be adjusted upward ratably in the event a Purchaser (other than the Holder) no longer holds any Warrants or Debentures and the amount of shares issued to such Purchaser pursuant to its Warrants and Debentures was less than such Purchaser’s pro-rata share of the Issuable Maximum.
Issuance Restrictions. The Company is not obligated to issue any securities if, in the opinion of counsel for the Company, the issuance of such Common Stock shall constitute a violation by the Participant or the Company of any provisions of any law or of any regulations of any governmental authority or any national securities exchange.
Issuance Restrictions. If the Company has not obtained Shareholder Approval, and such Shareholder Approval is required pursuant to the rules of the principal Trading Market, then the Company may not issue any Warrant Shares in excess of the amount permitted under the rules of the principal Trading Market. For avoidance of doubt, unless and until any required Shareholder Approval is obtained and effective, warrants issued to any registered broker-dealer as a fee in connection with the Securities issued pursuant to the Purchase Agreement shall provide that such warrants shall be unexercisable unless and until such Shareholder Approval is obtained and effective.
Issuance Restrictions. If the Company has not obtained Shareholder Approval, then the Company may not issue upon exercise of this Warrant a number of shares of Common Stock, which, when aggregated with any shares of Common Stock issued (i) pursuant to the conversion of any Debentures issued pursuant to the Purchase Agreement, (ii) upon prior exercise of this or any other Warrant issued pursuant to the Purchase Agreement, would exceed 841,726, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of the Purchase Agreement (such number of shares, the “Issuable Maximum”). The Holder and the holders of the other Warrants issued pursuant to the Purchase Agreement shall be entitled to a portion of the Issuable Maximum equal to the quotient obtained by dividing (x) the Holder’s original Subscription Amount by (y) the aggregate original Subscription Amount of all holders pursuant to the Purchase Agreement. In addition, the Holder may allocate its pro-rata portion of the Issuable Maximum among Warrants held by it in its sole discretion. Such portion shall be adjusted upward ratably in the event a Purchaser no longer holds any Warrants and the amount of shares issued to such Purchaser pursuant to its Warrants was less than such Purchaser’s pro-rata share of the Issuable Maximum.
Issuance Restrictions. If the Company has not obtained Shareholder Approval to the extent needed, then the Company may not issue upon exercise of this Warrant any shares of Common Stock.
Issuance Restrictions. The Company may not issue any shares of Common Stock upon exercise of this Warrant unless and until such date that the Company has obtained the Stockholder Approval and the Amendment to the Company’s Amended Certificate of Incorporation shall have become effective.
Issuance Restrictions. So long as any Notes are outstanding, the Company will not (a) issue additional First Mortgage Bonds except to replace any mutilated, lost, destroyed or stolen First Mortgage Bonds or to effect exchanges and transfers of First Mortgage Bonds or (b) subject to the lien of the Iowa-Illinois Indenture or the Midwest Power Indenture any property which is (i) excepted and excluded from the Iowa-Illinois Indenture and the lien and operation thereof by the terms of the Iowa-Illinois Indenture, or (ii) is "Excepted Property" under the Midwest Power Indenture, unless (A) concurrently with the issuance of such First Mortgage Bonds or subjection of any such property to either such lien, the Company issues, and the trustee under the Bond Indenture under which such First Mortgage Bonds are issued or under the lien of which such property becomes subject, authenticates and delivers to the Trustee, a First Mortgage Bond or Bonds in an aggregate principal amount equal to the aggregate principal amount of the Notes then outstanding, and (B) concurrently with and as a condition precedent to the issuance of any Notes thereafter, the Company issues, and the trustee under the applicable Bond Indenture authenticates and delivers to the Trustee, a First Mortgage Bond or Bonds in an aggregate principal amount equal to the aggregate principal amount of the Notes to be issued, and in each such case such First Mortgage Bonds shall have the same Stated Maturity, bear interest at the same rates, have redemption and other terms and provisions which are the same as, the Notes then outstanding or to be issued, as the case may be.
Issuance Restrictions. If the Company has not obtained the approval of its shareholders in accordance with the rules of The Nasdaq Capital Market pursuant to the terms of the Purchase Agreement (“Shareholder Approval”) and it is determined that such Shareholder Approval is required, then the Company may not issue upon exercise of this Warrant any Warrant Shares if such issuances would violate the rules of The Nasdaq Capital Market. The limitations contained in this paragraph shall apply to a successor holder of this Warrant.
Issuance Restrictions. Notwithstanding anything herein to the contrary, if the Company has not obtained Shareholder Approval, then the Company may not issue pursuant to this Section 4.13 a number of Additional Shares, which, when aggregated with any shares of Common Stock issued (i) pursuant to this Agreement, (ii) upon prior exercise of the Warrant, and (iii) pursuant to any warrants issued to any registered broker-dealer as a fee in connection with the issuance of Securities pursuant to this Agreement, would exceed 2,605,697 shares of Common Stock, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of the this Agreement (such number of shares, the “Issuable Maximum”). Notwithstanding anything herein to the contrary, any Additional Shares issuable to the Purchasers pursuant to Section 4.13 that may not be issued because such Additional Shares are in excess of the Issuable Maximum shall be held in abeyance by the Company until such time as Shareholder Approval is obtained and thereafter shall be issued to the Purchasers in accordance with this
Issuance Restrictions. If the Company has not obtained Shareholder Approval, then the Company may not issue any Warrant Shares. For the avoidance of doubt, this Warrant shall be unexercisable unless and until such Shareholder Approval is obtained and effective. For purposes hereof, “Shareholder Approval” means such approval by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the shareholders of the Company with respect to the transactions contemplated by this Warrant, including the issuance of all of the Warrant Shares.]
