Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (A) the number of authorized shares or (B) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder cannot convert as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right to elect either of the following remedies:
Appears in 28 contracts
Samples: Debenture Agreement (Xtreme Companies Inc), Debenture Agreement (Xtreme Companies Inc), Debenture Agreement (Xtreme Companies Inc)
Limitation on Issuance of Shares. If the Company's ’s Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (A) the number of authorized shares or (B) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "“Cap Regulations"”). Without limiting the other provisions thereof; (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder cannot convert as result of the Cap Regulations (each such Debenture, an "“Unconverted Debenture"”) shall have the right to elect either of the following remedies:
Appears in 9 contracts
Samples: Debenture Agreement (Eagle Broadband Inc), Debenture Agreement (Challenger Powerboats, Inc.), Debenture Agreement (Eagle Broadband Inc)
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the DebentureDebentures, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (AX) the number of authorized shares or (BY) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; , (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder holder of a Debenture which cannot convert be converted as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right to elect either of the following remedies:
Appears in 7 contracts
Samples: Debenture Agreement (Newave Inc), Debenture Agreement (Newave Inc), Convertible Debenture Exchange Agreement (Xtreme Companies Inc)
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (AX) the number of authorized shares or (BY) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; , (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder holder of a Debenture which cannot convert be converted as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right to elect either of the following remedies:
Appears in 6 contracts
Samples: Debenture Agreement (Walker Financial Corp), Debenture Agreement (Hyperdynamics Corp), Debenture Agreement (Union Dental Holdings, Inc.)
Limitation on Issuance of Shares. If the Company's ’s Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the DebenturePreferred, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (A) the number of authorized shares or (B) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "“Cap Regulations"”). Without limiting the other provisions thereof; (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures Preferred without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder cannot convert as result of the Cap Regulations (each such DebenturePreferred, an "“Unconverted Debenture"Preferred”) shall have the right to elect either of the following remedies:
Appears in 5 contracts
Samples: Convertible Redeemable Preferred Stock Agreement (Challenger Powerboats, Inc.), Convertible Redeemable Preferred Agreement (Challenger Powerboats, Inc.), Convertible Redeemable Preferred Stock Agreement (Challenger Powerboats, Inc.)
Limitation on Issuance of Shares. If applicable to the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (Ai) the number of authorized shares or (Bii) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable traded (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; , the Debenture shall provide that (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures Debenture without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cancan not issue such shares of Common Stock without violating the Cap Regulations, the Holder canholder of a Debenture which can not convert be converted as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right option, exercisable in such holder's sole and absolute discretion, to elect either of the following remedies:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Advanced Viral Research Corp), Securities Purchase Agreement (Advanced Viral Research Corp), Securities Purchase Agreement (Advanced Viral Research Corp)
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (A) the number of authorized shares or (B) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; : (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations Regulations, and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, Regulations or the Holder cannot convert as a result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") the Holder shall have the right to elect either of the following remediesoptions:
Appears in 2 contracts
Samples: Debenture Agreement (Locateplus Holdings Corp), Debenture Agreement (Simplagene Usa Inc)
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (AX) the number of authorized shares or (BY) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; , (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures Debenture without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder holder of a Debenture which cannot convert be converted as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right to elect either of the following remedies:
Appears in 2 contracts
Samples: Convertible Debenture Exchange Agreement (Newave Inc), Convertible Debenture Exchange Agreement (Newave Inc)
Limitation on Issuance of Shares. If the Company's ’s Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (A) the number of authorized shares or (B) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "“Cap Regulations"”). Without limiting the other provisions thereof; : (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations Regulations, and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, Regulations or the Holder cannot convert as a result of the Cap Regulations (each such Debenture, an "“Unconverted Debenture"”) the Holder shall have the right to elect either of the following remediesoptions:
Appears in 2 contracts
Samples: Debenture Agreement (Enigma Software Group, Inc), Debenture Agreement (Execute Sports Inc)
Limitation on Issuance of Shares. If applicable to the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (Ai) the number of authorized shares or (Bii) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; , the Debentures shall provide that (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cancan not issue such shares of Common Stock without violating the Cap Regulations, the Holder canholder of a Debenture which can not convert be converted as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right option, exercisable in such holder's sole and absolute discretion, to elect either of the following remedies:
Appears in 1 contract
Samples: Securities Purchase Agreement (Advanced Viral Research Corp)
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap NASDAQ Small Cap Market after the issuance of the DebentureDebentures, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (AX) the number of authorized shares or (BY) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without ) Without, limiting the other provisions thereof; , (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder holder of a Debenture which cannot convert be converted as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right to elect either of the following remedies:;
Appears in 1 contract
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the The Company may be limited in the number of shares of Common Stock it may issue by virtue of (AX) the number of authorized shares or (BY) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "_Cap Regulations"_). Without limiting the other provisions thereof; , the Debentures shall provide that (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cancan not issue such shares of Common Stock without violating the Cap Regulations, the Holder canholder of a Debenture which can not convert be converted as result of the Cap Regulations (each such Debenture, an "_Unconverted Debenture"_) shall have the right option, exercisable in such holder_s sole and absolute discretion, to elect either of the following remedies:
Appears in 1 contract
Samples: Securities Purchase Agreement (Lj International Inc)
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the Debenture, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (A) the number of authorized shares or (B) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; : (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations Regulations, and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder cannot convert as a result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") the Holder shall have the right to elect either of the following remedies:
Appears in 1 contract
Limitation on Issuance of Shares. If the Company's Common Stock becomes listed on the Nasdaq SmallCap Market after the issuance of the DebentureDebentures, the Company may be limited in the number of shares of Common Stock it may issue by virtue of (AX) the number of authorized shares or (BY) the applicable rules and regulations of the principal securities market on which the Common Stock is listed or traded, including, but not necessarily limited to, NASDAQ Rule 4310(c)(25)(H)(i) or Rule 4460(i)(1), as may be applicable (collectively, the "Cap Regulations"). Without limiting the other provisions thereof; , the Debentures shall provide that (i) the Company will take all steps reasonably necessary to be in a position to issue shares of Common Stock on conversion of the Debentures without violating the Cap Regulations and (ii) if, despite taking such steps, the Company still cannot issue such shares of Common Stock without violating the Cap Regulations, the Holder holder of a Debenture which cannot convert be converted as result of the Cap Regulations (each such Debenture, an "Unconverted Debenture") shall have the right to elect either of the following remedies:
Appears in 1 contract