Limitation on Issuance of Common Stock. Notwithstanding anything herein to the contrary, the maximum number of shares of Common Stock issued or issuable pursuant to this Warrant and all additional Warrants issued pursuant to Section 2.10 of the Facility Agreement may not exceed the aggregate number of shares of Common Stock which the Company may issue upon exercise of the Warrants without violating NASDAQ Rule 5635(d).
Appears in 3 contracts
Samples: Facility Agreement (MAKO Surgical Corp.), Facility Agreement (MAKO Surgical Corp.), Warrant Agreement (MAKO Surgical Corp.)
Limitation on Issuance of Common Stock. Notwithstanding anything herein to the contrary, the maximum number of shares of Common Stock issued or issuable pursuant to this Warrant and all additional Warrants issued pursuant to Section 2.10 of the Facility Agreement may not exceed the aggregate number of 10,711,245 shares of Common Stock which the Company may issue upon exercise of the Warrants without violating NASDAQ Rule 5635(d(as appropriately adjusted to reflect any stock splits).
Appears in 2 contracts
Samples: Warrant Agreement (Icad Inc), Warrant Agreement (Icad Inc)
Limitation on Issuance of Common Stock. Notwithstanding anything herein to the contrary, the maximum number of shares of Common Stock issued or issuable pursuant to this Warrant and all additional Warrants issued pursuant to Section 2.10 of the Facility Agreement may not exceed the aggregate number of 19,422,477 shares of Common Stock which the Company may issue upon exercise (subject to appropriate adjustment to reflect any of the Warrants without violating NASDAQ Rule 5635(devents described in Section 5(b)).
Appears in 1 contract
Limitation on Issuance of Common Stock. Notwithstanding anything herein to the contrary, the maximum number of shares of Common Stock issued or issuable pursuant to this Warrant and all additional other Warrants issued pursuant to Section 2.10 of the Facility Agreement may not exceed the aggregate number of 11,178,026 shares of Common Stock which the Company may issue upon exercise of the Warrants without violating NASDAQ Rule 5635(d(as appropriately adjusted to reflect any stock splits).
Appears in 1 contract
Samples: Warrant Agreement (Pacific Biosciences of California Inc)