Limited Ownership. The purchase by Agent and each Lender of the Securities issuable to it at the closing will not result in Agent nor each such Lender (individually or together with other Persons with whom Agent or such Lender has identified, or will have identified, itself as part of a “group” in a public filing made with the SEC involving the Borrower’s securities) acquiring, or obtaining the right to acquire, beneficial ownership in excess of 19.999% of the outstanding shares of Common Stock or the voting power of the Borrower on a post-transaction basis that assumes that such closing shall have occurred. Agent and each Lender does not presently intend to, alone or together with others, make a public filing with the SEC to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of such closing (when added to any other securities of the Borrower that it or they then own or have the right to acquire), beneficial ownership in excess of 19.99% of the outstanding shares of Common Stock or the voting power of the Borrower on a post-transaction basis that assumes that the closing at issue shall have occurred.
Appears in 3 contracts
Samples: Registration Rights Agreement (Bakers Footwear Group Inc), Registration Rights Agreement (Bakers Footwear Group Inc), Registration Rights Agreement (Bakers Footwear Group Inc)
Limited Ownership. The purchase by Agent and each such Lender of the ----------------- Securities issuable to it at the closing Closing (including the Underlying Shares that would be issuable upon the conversion and exercise of such Securities) will not result in Agent nor each such Lender (individually or together with other Persons with whom Agent or such Lender has identified, or will have identified, itself as part of a “"group” " in a public filing made with the SEC Commission involving the Borrower’s 's securities) acquiring, or obtaining the right to acquire, beneficial ownership in excess of 19.999% of the outstanding shares of Common Stock or the voting power of the Borrower on a post-post transaction basis that assumes that such closing the Closing shall have occurred. Agent and each Such Lender does not presently intend to, alone or together with others, make a public filing with the SEC Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of such closing the Closing (when added to any other securities of the Borrower that it or they then own or have the right to acquire), beneficial ownership in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Borrower on a post-post transaction basis that assumes that the closing at issue Closing shall have occurred.
Appears in 2 contracts
Samples: Loan and Warrant Agreement (Zoltek Companies Inc), Loan and Warrant Agreement (Zoltek Companies Inc)
Limited Ownership. The purchase by Agent and each Lender such Investor of ----------------- the Securities issuable to it at the closing Closing (including the Underlying Shares that would be issuable upon the conversion and exercise of such Securities) will not result in Agent nor each such Lender Investor (individually or together with other Persons Person with whom Agent or such Lender Investor has identified, or will have identified, itself as part of a “"group” " in a public filing made with the SEC Commission involving the Borrower’s Company's securities) acquiring, or obtaining the right to acquire, beneficial ownership in excess of 19.999% of the outstanding shares of Common Stock or the voting power of the Borrower Company on a post-post transaction basis that assumes that such closing the Closing shall have occurred. Agent and each Lender Such Investor does not presently intend to, alone or together with others, make a public filing with the SEC Commission to disclose that it has (or that it together with such other Persons have) acquired, or obtained the right to acquire, as a result of such closing the Closing (when added to any other securities of the Borrower Company that it or they then own or have the right to acquire), beneficial ownership in excess of 19.9919.999% of the outstanding shares of Common Stock or the voting power of the Borrower Company on a post-post transaction basis that assumes that the closing at issue Closing shall have occurred.
Appears in 1 contract
Samples: Securities Purchase Agreement (Zoltek Companies Inc)