No Five Percent Holders. As more fully provided in the Statement of Designation and subject to the terms and limitations provided in the Statement of Designation, a holder of the Preferred Shares shall not be entitled to receive shares of Common Stock upon conversion where receipt of such Common Stock would result in such holder of Preferred Shares beneficially owning more than 4.99% of the Company's outstanding Common Stock.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Henley Healthcare Inc), Securities Purchase Agreement (Henley Healthcare Inc), Securities Purchase Agreement (Henley Healthcare Inc)
No Five Percent Holders. As more fully provided in the Statement Certificate of Designation and subject to the terms and limitations provided in the Statement Certificate of Designation, a holder of the Preferred Shares shall not be entitled to receive shares of Common Stock upon conversion where receipt of such Common Stock would result in such holder of Preferred Shares beneficially owning more than 4.99% of the Company's outstanding Common Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Azurel LTD), Securities Purchase Agreement (Hearx LTD)