Ownership Limitation. If at any time after the Closing, the Holder shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the Holder. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the Holder. Additionally, for so long as the Holder or any of its Affiliate own Securities, upon written request from the Holder, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx (or such other web page approved by the Holder).
Appears in 6 contracts
Samples: Warrant Agreement (Home Bistro, Inc. /NV/), Warrant Agreement (Home Bistro, Inc. /NV/), Warrant Agreement (Home Bistro, Inc. /NV/)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.999.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer).
Appears in 6 contracts
Samples: Warrant Agreement (Progreen US, Inc.), Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.), Securities Purchase Agreement (Innovus Pharmaceuticals, Inc.)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.999.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx OXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer).
Appears in 5 contracts
Samples: Securities Purchase Agreement (Electromedical Technologies, Inc), Warrant Agreement (Electromedical Technologies, Inc), Warrant Agreement (Electromedical Technologies, Inc)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx OXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Electromedical Technologies, Inc), Securities Purchase Agreement (Electromedical Technologies, Inc), Securities Purchase Agreement (Electromedical Technologies, Inc)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Home Bistro, Inc. /NV/), Securities Purchase Agreement (Home Bistro, Inc. /NV/), Securities Purchase Agreement (Home Bistro, Inc. /NV/)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.999.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer). In lieu of the foregoing posting and in satisfaction thereof, the Company may publicly disclose the then-current number of issued and outstanding shares of its capital stock through the SEC’s Xxxxx system.
Appears in 2 contracts
Samples: Warrant Agreement (Brain Scientific Inc.), Securities Purchase Agreement (Brain Scientific Inc.)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, pursuant to Section 1.2 hereof or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliatesaffiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.999.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate affiliates own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer).
Appears in 2 contracts
Samples: Securities Purchase Agreement (BioCorRx Inc.), Securities Purchase Agreement (BioCorRx Inc.)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.999.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s 's web page located at XXXxxxxxxx.xxx OXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer).
Appears in 1 contract
Samples: Securities Purchase Agreement (Pura Naturals, Inc.)
Ownership Limitation. If at any time after the Closing, the Holder Buyer shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder Buyer would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.999.99% of the number of shares of Common Stock outstanding on such date (the “"Maximum Percentage”"), the Company shall not be obligated and shall not issue to the Holder Buyer shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the HolderBuyer. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the HolderBuyer. Additionally, for so long as the Holder Buyer or any of its Affiliate own Securities, upon written request from the HolderBuyer, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s 's web page located at XXXxxxxxxx.xxx (or such other web page approved by the HolderBuyer).
Appears in 1 contract
Samples: Securities Purchase Agreement (Pura Naturals, Inc.)
Ownership Limitation. If at any time after the Closing, the Holder shall or would receive shares of Common Stock in payment of interest or principal under Note, upon conversion of Note, under the Warrant, or upon exercise of the Warrant, so that the Holder would, together with other shares of Common Stock held by it or its Affiliates, own or beneficially own by virtue of such action or receipt of additional shares of Common Stock a number of shares exceeding 4.99% of the number of shares of Common Stock outstanding on such date (the “Maximum Percentage”), the Company shall not be obligated and shall not issue to the Holder shares of Common Stock which would exceed the Maximum Percentage, but only until such time as the Maximum Percentage would no longer be exceeded by any such receipt of shares of Common Stock by the Holder. The foregoing limitations are enforceable, unconditional and non-waivable and shall apply to all Affiliates and assigns of the Holder. Additionally, for so long as the Holder or any of its Affiliate Affiliates own Securities, upon written request from the Holder, the Company shall post (or cause to be posted), the then-current number of issued and outstanding shares of its capital stock to the Company’s web page located at XXXxxxxxxx.xxx (or such other web page approved by the Holder).
Appears in 1 contract