Common use of Limitation on Number of Shares Clause in Contracts

Limitation on Number of Shares. (i) If by way of any adjustment required by this Section 7.1, an Investor would receive a number of shares of Common Stock such that the total number of such shares held by the Investor as of the date of such adjustment would be greater than 9.90% but less than 13.0% of the total outstanding Common Stock of the Company, then the Company shall not effect the adjustment required by this Section to the extent necessary to avoid causing the aforesaid limitation to be exceeded until 120 days following the date such adjustment would have otherwise been made.

Appears in 3 contracts

Samples: Purchase Agreement (Ursus Telecom Corp), Purchase Agreement (Cambridge Heart Inc), Purchase Agreement (Lifecell Corp)

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Limitation on Number of Shares. (i) If by way of any adjustment required by this Section 7.1, an Investor would thewould receive a number of shares of Common Stock such that the total number of such shares held by the Investor as of the date of such adjustment would be greater than 9.90% but less than 13.0% of the total outstanding Common Stock of the Company, then the Company shall not effect the adjustment required by this Section to the extent necessary to avoid causing the aforesaid limitation to be exceeded until 120 days following the date such adjustment would have otherwise been made.

Appears in 2 contracts

Samples: 4.01 Purchase Agreement (Insci Statements Com Corp), Purchase Agreement (Insci Statements Com Corp)

Limitation on Number of Shares. (i) If by way of any adjustment required by this Section 7.1, an the Investor would receive a number of shares of Common Stock such that the total number of such shares held beneficially owned (within the meaning of Section 13(d) of the 0000 Xxx) by the Investor as of the date of such adjustment would be greater than 9.90% but less than 13.0% of the total outstanding Common Stock of the Company, then the Company shall not effect the adjustment required by this Section to the extent necessary to avoid causing the aforesaid limitation to be exceeded until 120 days following the date such adjustment would have otherwise been made.

Appears in 1 contract

Samples: Purchase Agreement (Avi Biopharma Inc)

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Limitation on Number of Shares. (i) If by way of any adjustment required by this Section 7.1, an Investor would receive a number of shares of Common Stock such that the total number of such shares held beneficially owned (within the meaning of Section 13(d) of the 0000 Xxx) by the Investor as of the date of such adjustment would be greater than 9.90% but less than 13.0% of the total outstanding Common Stock of the Company, then the Company shall not effect the adjustment required by this Section to the extent necessary to avoid causing the aforesaid limitation to be exceeded until 120 days following the date such adjustment would have otherwise been made.

Appears in 1 contract

Samples: Purchase Agreement (Imaginon Inc /De/)

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