No Further Issuances. Until all the Milestones have been achieved, other than as approved by the Board of Directors of the Company (including the affirmative vote of at least two (2) of the directors nominated by the Purchaser), the Company will not (i) issue any additional capital stock or other equity securities of the Company (including securities convertible into or exchangeable for such equity securities) other than the Preferred Stock issued at any Milestone Closing, or (ii) take uncoordinated action to solicit, initiate, encourage or assist the submission of any proposal, negotiation or offer from any person or entity other than the Purchaser relating to the sale or issuance, of any of the capital stock of the Company or the acquisition, sale, lease, license or other disposition of the Company or any material part of the stock or assets of the Company and shall notify the Purchaser promptly of any inquiries by any third parties in regards to the foregoing.
No Further Issuances. Except for a dividend payable in accordance with Article V, Section A.3 or a subdivision of shares effectuated in accordance with Article V, Section A.3, the Corporation shall not at any time after the Effective Time issue any additional shares of Class X Common Stock, unless such issuance is approved by the affirmative vote of the holders of a majority of the outstanding shares of Class A Common Stock. After the Sunset Date, the Corporation shall not issue any additional shares of Class X Common Stock.
No Further Issuances. Except for the issuance of Class 1 Common Stock issuable upon a Distribution payable in accordance with Article IV(D), Section 2, the Company shall not at any time after the time of acceptance of this Amended and Restated Certificate of Incorporation by the Secretary of State of the State of Delaware (the “Effective Time”), issue any additional shares of Class 1 Common Stock, unless such issuance is approved by the affirmative vote of the holders of a majority of the outstanding shares of Class 1 Common Stock.
A. The liability of the directors of the Company for monetary damages shall be eliminated to the fullest extent under applicable law.
B. To the fullest extent permitted by applicable law, the Company is authorized to provide indemnification of (and advancement of expenses to) directors, officers and agents of the Company (and any other persons to which applicable law permits the Company to provide
No Further Issuances. Except for the issuance of Series B Common Stock issuable upon the settlement, exercise or conversion of Rights outstanding at the Effective Time, a dividend payable in accordance with Article IV, Section B(3)(a) or a subdivision or reclassification in accordance with Article IV, Section B(3)(b), the Corporation shall not at any time after the Effective Time issue any additional shares of Series B Common Stock, unless such issuance is approved by the affirmative vote of the holders of a majority of the outstanding shares of Series B Common Stock, voting as a separate series.
No Further Issuances. Aurum agrees that from and after the MBO Closing, it will not issue any additional shares of Preferred Stock of the MMMM Mining Subsidiaries nor will it issue or authorize the issuance of debt or equity securities of the MMMM Mining Subsidiaries convertible into shares of Preferred Stock of the MMMM Mining Subsidiaries without the prior written consent of NuAxess and PR345 or any successor holder of the 25%Equity Interests in the MMMM Mining Subsidiaries. After the Closing, the Company shall have no authority to issue or authorize the issuance of any shares of the MMMM Mining Subsidiaries.
No Further Issuances. Without the prior written consent of the Secured Parties, the Company shall not cause XX XX to issue any additional shares of capital stock or instruments convertible into, or options for the purchase of, the same.
No Further Issuances. Except for a Stock Adjustment payable in accordance with Section 4.03(a)(iii), the Corporation shall not issue any additional shares of Class V-3 Common Stock at any time after this Certificate of Incorporation becomes effective pursuant to the DGCL.
No Further Issuances. While amounts under the ATAI Note are still outstanding and ATAI is not in default with any of its obligations under the ATAI Note, other than as approved by the Board and other than capital stock or other equity securities of the Company (including securities convertible into or exchangeable for such equity securities) issued pursuant to any stock option plan of the Company approved by the Board), the Company will not (i) issue any additional capital stock or other equity securities of the Company (including securities convertible into or exchangeable for such equity securities), or (ii) take uncoordinated action (without informing the Board) to solicit, initiate, encourage or assist the submission of any proposal, negotiation or offer from any person or entity other than ATAI relating to the sale or issuance, of any of the capital stock of the Company or the acquisition, sale, lease, license or other disposition of the Company or any material part of the stock or assets of the Company and shall notify ATAI promptly of any inquiries by any third parties in regards to the foregoing.
No Further Issuances. The Company will not, without the prior written consent of the Purchasers holding a majority of the then outstanding Series B Preferred Stock issued pursuant to this Agreement, issue any additional shares of Series B Preferred Stock.
No Further Issuances. No Retailer Gift Cards shall be issued by Blackhawk on or after the Transition Date.
