No Issuances. Unless and until (i) prior to the Start Date, there are sufficient authorized but unissued shares of Common Stock to issue upon full conversion of all Notes issued and outstanding and the full exercise of the 7/14/14 Warrant, and (ii) following the Start Date, the amount of shares of Common Stock authorized and reserved is sufficient at all times for the express purposes set forth Section 17(h), then no securities of the Distributor may be issued other than to the Contractors’ and their respective Affiliates including, but not limited to, ____.
No Issuances. Since July 11, 2016, the Company has not issued any shares of Common Stock, other than any shares of Common Stock issued pursuant to the Rights Offering.
No Issuances. EFC Inc. shall not issue any EFC Common Stock or securities convertible into or exchangeable for EFC Common Stock, or enter into any agreement or commitment for the issuance or purchase of EFC Common Stock or such other securities.
No Issuances. (a) From the date hereof until the Closing, the Company shall not issue, or agree to issue, without the prior written consent of the Investor, any equity or debt securities other than (i) pursuant to a Stock Option Plan in effect on the date hereof, (ii) issuances of Common Stock in exchange for the Company’s 5.25% Convertible Subordinated Debentures due 2006 (the “Debentures”) pursuant to Section 3(a)(9) of the Securities Act (each such exchange, a “3(a)(9) Exchange”) or (iii) pursuant to the Stock Purchase Agreement to be entered into between Xxxxxx Xxxxx and the Company (the “Sidhu Agreement”) or pursuant to the Stock Purchase Agreement to be entered into between Xxxxxxx Xxxxx and the Company (the “Xxxxx Agreement”).
No Issuances. Between the Effective Date and the Closing Date, Muscle Make shall not have issued any additional shares of Common Stock or any securities of Muscle Maker or any of its Affiliates which would entitle the holder thereof to acquire at any time Common Stock, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock, and shall not have entered into any agreements to issue or sell any of the foregoing. This provision will not restrict or prevent Muscle Maker from issuing additional shares of Common Stock resulting from the conversion or exercise by a holder of any outstanding debt, preferred stock, right, option, warrant or other instrument which is in place as of the Effective Date. In the event any holder of any such outstanding debt, preferred stock, right, option, warrant or other instrument of Muscle Maker shall exercise or convert such securities, then Muscle Maker will notify all Parties of such event and the Parties will enter into an amendment updating the Agreement as needed.
