Common use of Purchase Rights Clause in Contracts

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the “Purchase Rights”), then the Holders will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such Holder could have acquired if such Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Cano Petroleum, Inc), Agreement and Plan of Merger (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc)

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Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the "Purchase Rights"), then the Holders Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such the Holder could have acquired if such the Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares this Debenture (without taking into account any limitations or restrictions on the convertibility of the Preferred Sharesthis Debenture) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 4 contracts

Samples: Convertible Debenture Unit Purchase Agreement (CardioGenics Holdings Inc.), Convertible Debenture Unit Purchase Agreement (CardioGenics Holdings Inc.), Exchange Agreement (Seaway Valley Capital Corp)

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock but excluding the Offering and the Subsequent Offering (if any) (the "Purchase Rights"), then the Holders will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such Holder could have acquired if such Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 2 contracts

Samples: Investors Rights Agreement (Cano Petroleum, Inc), Agreement and Plan of Merger (Cano Petroleum, Inc)

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the "Purchase Rights"), then the Holders holders of Preferred Shares will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such Holder holder could have acquired if such Holder holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 2 contracts

Samples: Second Redemption and Exchange Agreement (Microstrategy Inc), Second Redemption and Exchange Agreement (Microstrategy Inc)

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the “Purchase Rights”"PURCHASE RIGHTS"), then the Holders will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such Holder could have acquired if such Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 2 contracts

Samples: Subordination Agreement (Sac Capital Advisors LLC), Subordination Agreement (Prentice Capital Management, LP)

Purchase Rights. If at any time the Company Corporation grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the “Purchase Rights”), then the Holders each Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such the Holder could have acquired if such the Holder had held the number of shares of Common Stock acquirable upon complete conversion of all shares of the Holder’s Preferred Shares Stock (without taking into account regard to any limitations or restrictions on the convertibility of the Preferred Sharesconversion thereof) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 2 contracts

Samples: Investment Agreement (RingCentral, Inc.), Investment Agreement (Avaya Holdings Corp.)

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the all or substantially all record holders of any class of Common Stock (the “Purchase Rights”), then the Holders Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such the Holder could have acquired if such the Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares this Note (without taking into account any limitations or restrictions on the convertibility of the Preferred Sharesthis Note) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Epiq Systems Inc)

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the “Purchase Rights”"PURCHASE RIGHTS"), then the Holders Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such the Holder could have acquired if such the Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares this Note (without taking into account any limitations or restrictions on the convertibility of the Preferred Sharesthis Note) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Inksure Technologies Inc.

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the “Purchase Rights”), then the Holders Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such the Holder could have acquired if such the Holder had held the number of shares of Class A Common Stock acquirable upon complete conversion of the Preferred Shares this Convertible Note (without taking into account any limitations or restrictions on the convertibility of the Preferred Sharesthis Convertible Note) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: WorldSpace, Inc

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stockshares, warrants, securities or other property pro rata to the record holders of any class of Common Stock Shares (other than Pill Rights) (the "Purchase Rights"), then the Holders Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such the Holder could have acquired if such the Holder had held the number of shares of Common Stock Shares acquirable upon complete conversion of the Preferred Shares this Note (without taking into account any limitations or restrictions on the convertibility of the Preferred Sharesthis Note) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock Shares are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)

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Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stockshares, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the “Purchase Rights”), then the Holders will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such Holder could have acquired if such Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Devcon International Corp)

Purchase Rights. If at any time the Company grants, issues or --------------- sells any Optionsoptions, Convertible Securities convertible securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of the Common Stock (the "Purchase Rights"), then each holder of shares of the Holders Series B Convertible Preferred Stock will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such Holder holder could have acquired if such Holder holder had held the number of shares of the Common Stock acquirable upon complete conversion of the Preferred Shares (without taking into account any limitations or restrictions on the convertibility holder's shares of the Series B Convertible Preferred Shares) Stock immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of the Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Guaranty Agreement (Charys Holding Co Inc)

Purchase Rights. If at any time the Company grants, issues or sells any Optionsoptions to purchase shares of Common Stock, Convertible Securities convertible securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock its capital stock (the “Purchase Rights”)) prior to a Dividend Conversion Date, then the Holders each Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which that such Holder could have acquired if such Holder had held the number of shares of Common Stock acquirable upon complete conversion of the such Holder’s shares of Convertible Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) Stock immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Stock Purchase Agreement (Taylor Capital Group Inc)

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the collectively, “Purchase Rights”), then the Holders Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such that the Holder could have acquired if such the Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares this Note (without taking into account any limitations or restrictions on the convertibility of the Preferred Sharesthis Note) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nestor Inc)

Purchase Rights. If at any time the Company corporation grants, issues or sells any Optionsoptions to purchase shares of Common Stock, Convertible Securities convertible securities or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of Common Stock its capital stock (the “Purchase Rights”)) prior to a Dividend Conversion Date, then the Holders each Holder will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which that such Holder could have acquired if such Holder had held the number of shares of Common Stock acquirable upon complete conversion of the such Holder’s shares of Series A Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Stock Purchase Agreement (Taylor Capital Group Inc)

Purchase Rights. If at any time the Company grants, issues or sells any Options, Convertible Securities or rights to purchase stockshares, warrants, securities or other property pro rata to the record holders of any class of Common Stock (the "Purchase Rights"), then the Holders will be entitled to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which such Holder could have acquired if such Holder had held the number of shares of Common Stock acquirable upon complete conversion of the Preferred Shares (without taking into account any limitations or restrictions on the convertibility of the Preferred Shares) immediately before the date on which a record is taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights.

Appears in 1 contract

Samples: Consent and Waiver Agreement (Interpharm Holdings Inc)

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