No Additional Shares. The PLEDGOR will not consent to or approve the issuance of any additional shares of any class of capital stock in the CORPORATION or any securities convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such shares; or any warrants, options, rights, or other commitments entitling any person to purchase or otherwise acquire any such shares.
No Additional Shares. The Stockholder covenants that, except for shares of Company Common Stock issuable upon conversion or exercise of warrants, options or other rights to acquire shares of Company Common Stock as set forth on Schedule 2(c) attached hereto, after the date hereof, the Stockholder shall not purchase or acquire from, or otherwise vote to approve the issuance by, the Company of any additional shares of Company Common Stock.
No Additional Shares. Except as otherwise disclosed in writing by each Investor, as applicable, to the Company, none of the Investors beneficially own any securities of the Company prior to the date of this Agreement.
No Additional Shares. The Company shall not issue or sell shares of 8.5% Convertible Preferred Stock except as contemplated under this Agreement.
No Additional Shares. For so long as any New Debentures, Bonds or Default Debentures held by either Holder remain outstanding, the Company covenants and agrees with the Holders that:
(a) It will maintain the listing of its Common Stock on the NASDAQ National Market;
(b) Subsequent to the filing of the Amendments (as hereinafter defined), it will not issue stop transfer instructions to its transfer agent with respect to and will not place a restrictive legend on the shares of Common Stock issuable upon the conversion of the New Debentures or the Default Debentures, as the case may be;
(c) it will permit the Holders to exercise their respective rights to convert the New Debentures or the Default Debentures, if necessary, by telecopying an executed and completed Notice of Conversion to the Company and delivering the original Notice of Conversion and the certificate representing the New Debentures or the Default Debentures, as the case may be, to the Company by express courier. Each date on which a Notice of Conversion is telecopied to and received by the Company in accordance with the provisions hereof shall be deemed a conversion date. The Company will transmit the certificates representing shares of Common Stock issuable upon conversion of any New Debentures or Default Debentures (together with the certificates representing the New Debentures or Default Debentures, as the case may be, not so converted) to the respective Holder via express courier, by electronic transfer or otherwise, within three business days after the date the Company has received the original Notice of Conversion and certificate representing the New Debentures or Default Debentures being so converted. In addition to any other remedies which may be available to the Holders, in the event that the Company fails for any reason to effect delivery of such shares of Common Stock within such three-business day period, the respective Holder, prior to receiving such shares of Common Stock, will be entitled to revoke the relevant Notice of Conversion by delivering a notice to such effect to the Company whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to delivery of such Notice of Conversion; and
(d) it will prepare and file with the Securities and Exchange Commission (the "Commission") not later than twenty days from the date hereof, post-effective amendments (the "Amendments") to each of (i) registration statement, Registration No. 333-8395 (the "August Registr...
No Additional Shares. There are no outstanding rights with respect to the capital of the Company that would require the Company to allot or issue any of the unissued Shares of the Company or to create any additional class of Shares.
No Additional Shares. Other than (a) shares issuable upon the proper exercise of the Ireland Options or the Outstanding Ireland Warrants, (b) any shares that Ireland may agree to issue in connection with the acquisition of any new mineral claims forming part of the Red Mountain Project, as that term is used in Ireland’s filings with the Commission, or (c) shares issuable pursuant to the terms of this Agreement or the Ireland Merger Warrants, Ireland agrees not to issue any additional shares from the date of this Agreement to the date the Original Agreement, as amended is Closed or terminated.
6. Section 7.4 of the Original Agreement is amended by deleting it in its entirety, and replacing it with the following:
No Additional Shares. Pledgor shall cause the Pledged Shares pledged hereunder to constitute at all times not less than all of the total number of shares of capital stock of Borrower then issued and outstanding (including treasury shares, if any), and shall not permit Borrower to issue or have outstanding any shares of any other class of its capital stock or to have outstanding any subscription agreements, warrants, rights or options to acquire any shares of any class of its capital stock.
No Additional Shares. From and after the date hereof, Cathay will not acquire additional shares of BFC common stock or securities convertible into or exercisable for BFC stock, other than the acquisition of the Shares provided for in this Agreement.
