Limitation on Shares Issuable on Conversion. (a) Notwithstanding any other provision of this Agreement, but subject to the last paragraph of this clause 5.4, the aggregate number of Investor’s Shares issuable upon Conversion, together with the number of Investor’s Shares issued upon exercise of Warrants, shall not exceed 22,388,029 Shares, as adjusted on a proportionate basis to reflect any Security Structure Event (the Share Maximum), unless and to the extent the Company has obtained approval by its shareholders for the issuance of additional Investor’s Shares in a manner and form required by the TSX, or has otherwise obtained the approval of the TSX to issue Shares in excess of the Share Maximum without shareholder approval.
Appears in 1 contract
Samples: Convertible Security Funding Agreement (Niocorp Developments LTD)
Limitation on Shares Issuable on Conversion. (a) Notwithstanding any other provision of this Agreement, but subject to the last paragraph of this clause 5.4, the aggregate number of Investor’s 's Shares issuable upon Conversion, together with the number of Investor’s 's Shares issued upon exercise of Warrants, shall not exceed 22,388,029 87,140,789 Shares, as adjusted on a proportionate basis to reflect any Security Structure Event (the Share Maximum), unless and to the extent the Company has obtained approval by its shareholders for the issuance of additional Investor’s 's Shares in a manner and form required by the TSX, or has otherwise obtained the approval of the TSX to issue Shares in excess of the Share Maximum without shareholder approval.
Appears in 1 contract
Samples: Convertible Security Funding Agreement (Avalon Advanced Materials Inc.)
Limitation on Shares Issuable on Conversion. (a) Notwithstanding any other provision of this Agreement, but subject to the last paragraph of this clause 5.4, the aggregate number of Investor’s 's Shares issuable upon Conversion, together with the number of Investor’s 's Shares issued upon exercise of Warrants, Warrants shall not exceed 22,388,029 43,588,000 Shares, as adjusted on a proportionate basis to reflect any Security Structure Event (the Share Maximum), unless and to the extent the Company has obtained approval by its shareholders for the issuance of additional Investor’s 's Shares in a manner and form required by the TSX, or has otherwise obtained the approval of the TSX to issue Shares in excess of the Share Maximum without shareholder approval.
Appears in 1 contract
Samples: Convertible Security Funding Agreement (Niocorp Developments LTD)
Limitation on Shares Issuable on Conversion. (a) Notwithstanding any other provision of this Agreement, but subject to the last paragraph of this clause 5.4, the aggregate number of Investor’s Shares issuable upon Conversion, together with the number of Investor’s Shares issued upon exercise of Warrants, shall not exceed 22,388,029 24,339,125 Shares, as adjusted on a proportionate basis to reflect any Security Structure Event (the Share Maximum), unless and to the extent the Company has obtained approval by its shareholders for the issuance of additional Investor’s Shares in a manner and form required by the TSX, or has otherwise obtained the approval of the TSX to issue Shares in excess of the Share Maximum without shareholder approval.
Appears in 1 contract
Samples: Agreement (Niocorp Developments LTD)