Common use of Record Date Clause in Contracts

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 246 contracts

Samples: Warrant Agreement (MassRoots, Inc.), Warrant Agreement (Naturewell Inc), Stock and Warrant Purchase Agreement (Onyx Pharmaceuticals Inc)

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Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 240 contracts

Samples: Security Agreement (Clean Energy Technologies, Inc.), Securities Purchase Agreement (SCWorx Corp.), Second Amendment and Exchange Agreement (Nauticus Robotics, Inc.)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities or (Bii) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 107 contracts

Samples: Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (Blue Ridge Bankshares, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 97 contracts

Samples: Senior Secured Convertible Note (MassRoots, Inc.), Security Agreement (MassRoots, Inc.), Securities Purchase Agreement (Cellect Biotechnology Ltd.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 78 contracts

Samples: Securities Purchase Agreement (Freedom Leaf Inc.), Common Stock Purchase Warrant (Transgenomic Inc), Common Stock Purchase Warrant (DraftDay Fantasy Sports, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Common Stock Equivalents or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Common Stock Equivalents, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 57 contracts

Samples: Class G Common Stock Agreement (Revelation Biosciences, Inc.), Common Stock Purchase Warrant (Creative Medical Technology Holdings, Inc.), Common Stock Purchase Warrant (Aptevo Therapeutics Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Stock, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 31 contracts

Samples: Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/)

Record Date. In the case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue issuance or sale of the shares of Common Stock or Convertible Securities deemed to have been issued or sold upon as a result of the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 29 contracts

Samples: Warrant Agreement (Intelect Communications Systems LTD), Common Stock Purchase Warrant (Moses Robert K Jr), Warrant Agreement (Intelect Communications Inc)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Shares for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Shares, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock Shares, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock Shares deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 19 contracts

Samples: Ordinary Share Purchase Warrant (Primech Holdings LTD), Ordinary Share Purchase Warrant (Primech Holdings LTD), Warrant Agreement (China Natural Resources Inc)

Record Date. In case the Company shall take a record of the ----------- holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 15 contracts

Samples: Warrant Agreement (Pacific Aerospace & Electronics Inc), Warrant Agreement (Pacific Aerospace & Electronics Inc), Warrant Agreement (Pacific Aerospace & Electronics Inc)

Record Date. In case the Company shall take a record of the ----------- holders of its Common Stock for the purpose of entitling them the holders of Common Stock (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 10 contracts

Samples: Common Stock Purchase Warrant (Dermisonics, Inc), Warrant Agreement (Dermisonics, Inc), Warrant Agreement (Dermisonics, Inc)

Record Date. In case the Company shall take a record ----------- of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 9 contracts

Samples: Warrant Agreement (Internet Law Library Inc), Convertible Debenture Purchase Agreement (Sonic Foundry Inc), Securities Purchase Agreement (Fonix Corp)

Record Date. In case the Company shall promptly take a record of the holders of its Common Stock for the purpose purposes of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stocksecurities, or (B) to subscribe for or purchase Common Stock or securities convertible into, or exchangeable into shares of or exercisable for, Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 9 contracts

Samples: Common Stock Warrant (Integrated Healthcare Holdings Inc), Warrant Agreement (Silver Point Capital L.P.), Warrant Agreement (Silver Point Capital L.P.)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 9 contracts

Samples: Common Stock Purchase Warrant (LMP Automotive Holdings, Inc.), Warrant Agreement (SELLAS Life Sciences Group, Inc.), Warrant Agreement (SELLAS Life Sciences Group, Inc.)

Record Date. In case the Company shall take a record of the holders ------------ of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 9 contracts

Samples: Warrant Agreement (Locateplus Holdings Corp), Common Stock for Warrant Exchange Agreement (Network Installation Corp), Warrant Agreement (Simplagene Usa Inc)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Common Stock Equivalents or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Common Stock Equivalents, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 7 contracts

Samples: Warrant Agreement (Youngevity International, Inc.), Warrant Agreement (Redwood Scientific Technologies, Inc.), Warrant Agreement (Redwood Scientific Technologies, Inc.)

Record Date. In case the Company Corporation shall take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Stock, Options or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 6 contracts

Samples: Debenture and Note Purchase Agreement (Safeguard Health Enterprises Inc), Merger Agreement (Medical Industries of America Inc), Guaranty Agreement (Med E America Corp)

Record Date. In case If the Company shall take sets a record of date for the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 6 contracts

Samples: Warrant Agreement (RLJ Entertainment, Inc.), Warrant Agreement (RLJ Entertainment, Inc.), Warrant Agreement (RLJ Entertainment, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.. For purposes hereof:

Appears in 6 contracts

Samples: Warrant Agreement (ICP Solar Technologies Inc.), Warrant Agreement (Alternative Construction Company, Inc.), Warrant Agreement (ICP Solar Technologies Inc.)

Record Date. In case the Company shall take establish a record of date with respect to the holders of its Common Stock any class or series of the Company’s capital stock or other securities for the purpose of entitling them (A) to receive a dividend or other distribution payable in shares of Common Stock or in securities convertible or exchangeable into shares of Common Stock, Stock Equivalents or (B) to subscribe for or purchase shares of Common Stock or securities convertible or exchangeable into shares of Common StockStock Equivalents, then such record date shall be deemed to be the date of the issue or sale issuance of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 6 contracts

Samples: Warrant to Purchase Common Stock (Actinium Pharmaceuticals, Inc.), Warrant Agreement (Camp Nine, Inc.), Warrant Agreement (Camp Nine, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Equity for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Equity, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock Equity, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue issuance or sale of the shares of Common Stock Equity deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 6 contracts

Samples: Warrant Agreement (Wherify Wireless Inc), Warrant Agreement (Wherify Wireless Inc), Warrant Agreement (Wherify Wireless Inc)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 5 contracts

Samples: Business Combination Agreement (Inflection Point Acquisition Corp. II), Securities Purchase Agreement (Inflection Point Acquisition Corp. II), Warrant Agreement (Repros Therapeutics Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Stock, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 5 contracts

Samples: Securities Purchase Agreement (Brazil Minerals, Inc.), Securities Purchase Agreement (Competitive Technologies Inc), Senior Convertible Note (Victory Electronic Cigarettes Corp)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Equivalents for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Equivalents, Options or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock Equivalents, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock Equivalents deemed to have been issued or sold upon the declaration of such dividend or upon the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 5 contracts

Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Equivalents for the purpose of entitling them (A1) to receive a dividend or other distribution payable in Common Stock Equivalents, Options or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (B2) to subscribe for or purchase Common Stock Equivalents, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock Equivalents deemed to have been issued or sold upon the declaration of such dividend or upon the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 5 contracts

Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp)

Record Date. In case the Company shall take a record of ----------- the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 5 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Number Nine Visual Technology Corp), Warrant Agreement (Aquatic Cellulose International Corp), Warrant Agreement (Internet Law Library Inc)

Record Date. In case If the Company shall take takes a record of the holders of its Shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares Shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares Shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares Shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (Elate Group, Inc.), Common Stock Purchase Warrant (Elate Group, Inc.), Purchase Warrant Agreement (Cheetah Net Supply Chain Service Inc.)

Record Date. In case the Company shall take a record ------------ of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Nanopierce Technologies Inc), Warrant Agreement (Ashton Technology Group Inc), Warrant Agreement (Nanopierce Technologies Inc)

Record Date. In case If the Company shall take takes a record of the holders of its the shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Transportation & Logistics Systems, Inc.), Common Stock Purchase Warrant (CTD Holdings Inc), Common Stock Purchase Warrant (Quest Solution, Inc.)

Record Date. In case If the Company shall take Corporation takes a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or upon the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Blue Rhino Corp), Unit Purchase Agreement (Blue Rhino Corp), Series a Securities Purchase Agreement (Blue Rhino Corp)

Record Date. In case If the Company shall take sets a record date for purposes of determining the holders of its shares of Common Stock for the purpose of entitling them entitled (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 3 contracts

Samples: Security Agreement (Lazydays Holdings, Inc.), Security Agreement (Lazydays Holdings, Inc.), Warrant Agreement (Purple Innovation, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 3 contracts

Samples: Convertible Note Agreement (Flewber Global Inc.), Commitment Letter (Scilex Holding Co), Convertible Note Agreement (Flewber Global Inc.)

Record Date. In case If the Company shall take Corporation takes a record of the holders of its shares of Common Stock for the purpose of entitling them (AI) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (BII) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 3 contracts

Samples: Merger Agreement (Telik Inc), Merger Agreement (Telik Inc), Merger Agreement (Telik Inc)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Equivalents for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Equivalents, Options or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock Equivalents, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock Equivalents deemed to have been issued or sold upon the declaration of such dividend or upon the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Shares for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Shares, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock Shares, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock Shares deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (VBI Vaccines Inc/Bc), Warrant Agreement (BriaCell Therapeutics Corp.), Underwriting Agreement (Trillium Therapeutics Inc.)

Record Date. In case the Company shall take a record of the ----------- holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Stock, Options or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Corinthian Colleges Inc), Warrant Agreement (Corinthian Colleges Inc), Warrant Agreement (Corinthian Colleges Inc)

Record Date. In case If the Company shall take takes a record of the holders of its the shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Duos Technologies Group, Inc.), Common Stock Purchase Warrant (Duos Technologies Group, Inc.), Common Stock Purchase Warrant (Aytu Bioscience, Inc)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Membership Interests for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Membership Interests, Options, or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock Membership Interests, Options, or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares units of Common Stock Membership Interests deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Sleepmaster LLC), Warrant Agreement (Sleepmaster LLC), Warrant Agreement (Lower Road Associates LLC)

Record Date. In case at any time the Company Corporation shall take a record of the holders of its the Common Stock for the purpose of entitling them them: (Aa) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of the Common Stock, Options or in Convertible Securities; or (Bb) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of the Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Employment Agreement (Utg Communications International Inc), Employment Agreement (Utg Communications International Inc)

Record Date. In case If the Company shall take takes a record of the holders of its Class A Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Class A Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Class A Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Class A Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Class a Common Stock Purchase Warrant (Kingstown Capital Management L.P.), Class a Common Stock Purchase Warrant (Inflection Point Acquisition Corp.)

Record Date. In case the Company shall take a record of the holders of its Common Stock Shares for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Shares, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (Bii) to subscribe for or purchase Common Stock Shares, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock Shares deemed to have been issued or sold (in accordance with this Section 2.2(b)) upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Purchase Warrant for Common Shares (Ontrak, Inc.), Purchase Warrant for Common Shares (Catasys, Inc.)

Record Date. In case If, during the Restricted Period, the Company shall take takes a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 2 contracts

Samples: Security Agreement (GD Culture Group LTD), Security Agreement (GD Culture Group LTD)

Record Date. In case If the Company shall take Corporation takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement (Superior Industries International Inc)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock Shares for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Shares, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (Bii) to subscribe for or purchase Common Stock Shares, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then for purposes of this Warrant such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock Shares deemed to have been issued or sold upon the declaration of such dividend or upon the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Florida Gaming Corp), Warrant Agreement (Florida Gaming Corp)

Record Date. In case the Company shall take a record of the holders of its Common Stock Shares for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Shares or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock Shares or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock Shares or Convertible Securities deemed to have been issued or sold upon as a result of the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Exchange Agreement (Ramsay Health Care Inc), Management Agreement (Ramsay Health Care Inc)

Record Date. In case the Company shall take a ----------- record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Careside Inc), Warrant Agreement (Aquatic Cellulose International Corp)

Record Date. In case the Company Corporation shall take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock, Stock Purchase Rights or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock, Stock Purchase Rights or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Furman Selz Sbic L P), Warrant Agreement (Furman Selz Sbic L P)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them the holders of Common Stock (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Service Agreement (New Media Lottery Services Inc), Warrant Agreement (Ivp Technology Corp)

Record Date. In case the Company shall take a record of ------------ the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Pacific Aerospace & Electronics Inc), Warrant Agreement (Aquatic Cellulose International Corp)

Record Date. In case With respect to Section 2(b), if the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 2 contracts

Samples: Subscription Agreement (Boomerang Systems, Inc.), Subscription Agreement (Boomerang Systems, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Common Stock Equivalent or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Common Stock Equivalent, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Quanergy Systems, Inc.), Common Stock Purchase Warrant (Quanergy Systems, Inc.)

Record Date. In case the Company shall take a record of ------------ the holders of its Common Stock for the purpose of entitling them the holders of Common Stock (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Dermisonics, Inc), Warrant Agreement (Dermisonics, Inc)

Record Date. In case If the Company shall take Corporation takes a record of the holders of its ----------- Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or upon the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Note Purchase Agreement (Blue Rhino Corp), Securities Purchase Agreement (Blue Rhino Corp)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (AI) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (BII) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 2 contracts

Samples: Warrant Agreement (American Resources Corp), Common Stock Purchase Warrant (Taronis Technologies, Inc.)

Record Date. In case the Company shall take a record of the ------------ holders of its Common Stock for the purpose of entitling them the holders of Common Stock (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Dermisonics, Inc), Warrant Agreement (Dermisonics, Inc)

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Record Date. In case If the Company shall take Corporation takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 2 contracts

Samples: Business Combination Agreement (Inflection Point Acquisition Corp. II), Securities Purchase Agreement (Inflection Point Acquisition Corp. II)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock the Company’s common stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock the Company’s common stock, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock the Company’s common stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock the Company’s common stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Sterling Construction Co Inc), Warrant Agreement (Siga Technologies Inc)

Record Date. In case If the Company shall take Maker takes a record of the holders of its Common Stock Securities for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Securities, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock Securities, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock Securities deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 2 contracts

Samples: Note (Loud Technologies Inc), Subordination Agreement (Loud Technologies Inc)

Record Date. In case If the Company shall take Corporation takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 2 contracts

Samples: Exchange Agreement (GridIron BioNutrients, Inc.), Securities Purchase Agreement (Greenman Technologies Inc)

Record Date. In case the Company shall take a record of the holders of its Common Stock Shares for the purpose of entitling them the holders of Shares (A) to receive a dividend or other distribution payable in Common Stock Shares or in securities convertible or exchangeable into shares Shares of Common Stock, or (B) to subscribe for or purchase Common Stock Shares or securities convertible or exchangeable into shares Shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares Shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Green PolkaDot Box Inc)

Record Date. In case the Company shall take a record of the holders of its Common Stock common stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock common stock or in securities convertible or exchangeable into shares of Common Stockcommon stock, or (B) to subscribe for or purchase Common Stock common stock or securities convertible or exchangeable into shares of Common Stockcommon stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock common stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Digital Biometrics Inc)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.. (n) (o)

Appears in 1 contract

Samples: Warrant Agreement (Internet Law Library Inc)

Record Date. In case the Company Borrower shall take ----------- a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities or (Bii) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Securities Agreement (Zoltek Companies Inc)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in shares of Common Stock or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase shares of Common Stock or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon as a result of the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.,

Appears in 1 contract

Samples: Note Purchase Agreement (Ldi Corp)

Record Date. In case the Company shall take declare a record date of the holders of its Common Preferred Stock for the purpose of entitling them (Aa) to receive a dividend or other distribution payable in Common Stock Preferred Stock, Options or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bb) to subscribe for or purchase Common Stock Preferred Stock, Options, or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Preferred Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Bev Tyme Inc)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in shares of Common Stock or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase shares of Common Stock or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon as a result of the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Convertible Senior Subordinated Promissory Note and Warrant Purchase Agreement (Electric City Corp)

Record Date. In case the Company shall take a record of the holders ----------- of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Stock, Options or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Corinthian Colleges Inc)

Record Date. In case If the Company shall take takes a record of the holders of its the shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Code Chain New Continent LTD)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).]

Appears in 1 contract

Samples: Securities Purchase Agreement (Comscore, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities or (B) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be either (x) the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or (y) the date of the issuance, granting or sale of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Stock Purchase Agreement (Recovery Equity Investors Ii Lp)

Record Date. In case the Company ----------- Borrower shall take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities or (Bii) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Securities Agreement (Zoltek Companies Inc)

Record Date. In case the Company ------------ shall take a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Careside Inc)

Record Date. In case the Company shall ----------- take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities or (Bii) to subscribe for or purchase Common Stock Stock, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Securities Agreement (Zoltek Companies Inc)

Record Date. In the case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common StockConvertible Securities, or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock or Convertible Securities deemed to have been issued or sold upon as a result of the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Option Agreement (Essex Corporation)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Common Stock Equivalents or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Common Stock Equivalents, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be.)

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Aptevo Therapeutics Inc.)

Record Date. In case the Company shall take a ------------ record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Subscription Agreement (Salix Pharmaceuticals LTD)

Record Date. In case the Company Corporation shall take establish a record of date with respect to the holders of its Common Stock any class or series of the Corporation’s capital stock or other securities for the purpose of entitling them (A) to receive a dividend or other distribution payable in shares of Common Stock or in securities convertible or exchangeable into shares of Common Stock, Stock Equivalents or (B) to subscribe for or purchase shares of Common Stock or securities convertible or exchangeable into shares of Common StockStock Equivalents, then such record date shall be deemed to be the date of the issue or sale Issuance of the shares of Common Stock deemed to have been issued or sold Issued upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Unit Purchase Agreement (Cactus Ventures, Inc.)

Record Date. In case the Company shall take a record of the holders of its Common Stock or the holders of Voting Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Rights or Convertibles, or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Rights or Convertibles, then such record date shall be deemed to be the date of the issue Issuance or sale Deemed Issuance of the shares of Common Stock deemed to have been issued or sold upon deemed issued as a result of the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Massic Tool Mold & Die Inc)

Record Date. In case If, during the Restricted Period, the Company shall take takes a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Stock, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 1 contract

Samples: Securities Purchase Agreement (Net Element, Inc.)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Careside Inc)

Record Date. In case If, while this Warrant is outstanding, the Company shall take takes a record of the holders of its the Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock Stock, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 1 contract

Samples: Common Stock Purchase Warrant (GeoVax Labs, Inc.)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (AI) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (BII) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Recapitalization Agreement (Acacia Research Corp)

Record Date. In case If the Company shall take a record of the holders of its the Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or Stock Purchase Rights or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Convertible Securities or Stock Purchase Rights, then such record date shall be deemed all references in this section 13 to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of the subscription or purchase, as the case may be, shall be deemed to be references to such record date.

Appears in 1 contract

Samples: Stock Warrant Agreement (Shorewood Packaging Corp)

Record Date. In case If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Common Stock Equivalents or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Common Stock Equivalents, then such record date shall will be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, purchase (as the case may be).

Appears in 1 contract

Samples: Convertible Security Agreement (Healthcare Corp of America)

Record Date. In case the Company shall take a record of the holders of its Common Stock Shares for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock Shares, Options or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or (Bii) to subscribe for or purchase Common Stock Shares, Options or securities convertible or exchangeable into shares of Common StockConvertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock Shares deemed to have been issued or sold (in accordance with this Section 2.2(b) upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Purchase Warrant for Common Shares (CAPSTONE TURBINE Corp)

Record Date. In case the Company Corporation shall take a record of the holders of its Class A Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Class A Common Stock, Options or Convertible Securities, or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Class A Common Stock, Options or Convertible Securities, then such record date shall be deemed to be the date of the issue or sale of the shares of Class A Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Stock Purchase Agreement (Super Vision International Inc)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (Bor(B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Star Struck LTD)

Record Date. In case If the Company shall take takes a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Options or in Convertible Securities or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Options or Convertible Securities, then such record date shall will be deemed to be the date of the issue issuance or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.. ​

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Regenerx Biopharmaceuticals Inc)

Record Date. In case the Company Corporation shall take a ----------- record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Dataware Technologies Inc)

Record Date. In case If the Company shall take a record of the holders of its the Common Stock for the purpose of entitling them (Ai) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, Convertible Securities or Stock Purchase Rights or (Bii) to subscribe for or purchase Common Stock or securities convertible or exchangeable into shares of Common Stock, Convertible Securities or Stock Purchase Rights, then such record date shall be deemed all references in this Section 6 to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be, shall be deemed to be references to such record date.

Appears in 1 contract

Samples: Warrant Agreement (American Consolidated Laboratories Inc)

Record Date. In case the Company shall take a record of the holders of its Common Stock for the purpose of entitling them (A) to receive a dividend or other distribution payable in Common Stock or in securities convertible or exchangeable into shares of Common Stock, or (B) to subscribe for or purchase Common Stock or securities convertible or -5- 6 exchangeable into shares of Common Stock, then such record date shall be deemed to be the date of the issue or sale of the shares of Common Stock deemed to have been issued or sold upon the declaration of such dividend or the making of such other distribution or the date of the granting of such right of subscription or purchase, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Ecogen Inc)

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