Common use of Limited Ownership Clause in Contracts

Limited Ownership. The purchase by such Lender of the ----------------- Securities issuable to it at the applicable Closing (including the Underlying Shares that would be issuable upon the conversion and exercise of such Securities) will not result in such Lender (individually or together with other Persons with whom such Lender has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Borrower's securities) acquiring, or obtaining the right to acquire, in excess of 19.999% of the Common Stock or the voting power of the Borrower on a post transaction basis that assumes that the applicable Closing shall have occurred. Such Lender does not presently intend to, alone or together with others, make a public filing with the 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 the applicable Closing (when added to any other securities of the Borrower that it or they then own or have the right to acquire), in excess of 19.999% of the Common Stock or voting power of the Borrower on a post transaction basis that assumes that the applicable Closing shall have occurred.

Appears in 1 contract

Samples: Loan and Warrant Agreement (Zoltek Companies Inc)

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Limited Ownership. The purchase by such Lender Purchaser of the ----------------- Securities issuable to it at upon the applicable Closing closing under this Amendment (including the Underlying Shares that would be then immediately issuable upon the conversion and exercise in respect of such Securities) will not result in such Lender Purchaser (individually or together with any other Persons Person with whom such Lender Purchaser has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Borrower's Generex’s securities) acquiring, or obtaining the right to acquire, in excess of 19.999% of the Common Stock or the voting power of the Borrower Generex on a post transaction basis that assumes that the applicable Closing closing shall have occurred. Such Lender Purchaser does not presently intend to, alone or together with others, make a public filing with the 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 the applicable Closing closing (when added to any other securities of the Borrower Generex that it or they then own or have the right to acquire), in excess of 19.999% of the Common Stock or the voting power of the Borrower Generex on a post transaction basis that assumes that the applicable Closing closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement and Registration Rights Agreement (Generex Biotechnology Corp)

Limited Ownership. The purchase by such Lender Purchaser of the ----------------- Securities issuable to it at upon the applicable Closing closing under this Amendment (including the Amendment No. 4 Underlying Shares that would be then immediately issuable upon the conversion and exercise in respect of such Securities) will not result in such Lender Purchaser (individually or together with any other Persons Person with whom such Lender Purchaser has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Borrower's Generex’s securities) acquiring, or obtaining the right to acquire, in excess of 19.999% of the Common Stock or the voting power of the Borrower Generex on a post transaction basis that assumes that the applicable Closing closing shall have occurred. Such Lender Purchaser does not presently intend to, alone or together with others, make a public filing with the 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 the applicable Closing closing (when added to any other securities of the Borrower Generex that it or they then own or have the right to acquire), in excess of 19.999% of the Common Stock or the voting power of the Borrower Generex on a post transaction basis that assumes that the applicable Closing closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement and Registration Rights Agreement (Generex Biotechnology Corp)

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Limited Ownership. The purchase by such Lender Purchaser of the ----------------- Securities issuable to it at upon the applicable Closing closing under this Amendment (including the Amendment No. 3 Underlying Shares that would be then immediately issuable upon the conversion and exercise in respect of such Securities) will not result in such Lender Purchaser (individually or together with any other Persons Person with whom such Lender Purchaser has identified, or will have identified, itself as part of a "group" in a public filing made with the Commission involving the Borrower's Generex’s securities) acquiring, or obtaining the right to acquire, in excess of 19.999% of the Common Stock or the voting power of the Borrower Generex on a post transaction basis that assumes that the applicable Closing closing shall have occurred. Such Lender Purchaser does not presently intend to, alone or together with others, make a public filing with the 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 the applicable Closing closing (when added to any other securities of the Borrower Generex that it or they then own or have the right to acquire), in excess of 19.999% of the Common Stock or the voting power of the Borrower Generex on a post transaction basis that assumes that the applicable Closing closing shall have occurred.

Appears in 1 contract

Samples: Securities Purchase Agreement and Registration Rights Agreement (Generex Biotechnology Corp)

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