Common use of Reduction in Amount of Offered Securities Clause in Contracts

Reduction in Amount of Offered Securities. In the event the Company shall propose to sell less than all the Refused Securities (any such sale to be in the manner and on the terms specified in Section 4.03(a) above), then Thermo and the Purchaser shall reduce the number of, or other units of, the Offered Securities specified in their respective Notices of Acceptance to an amount that shall be not less than the amount of the Offered Securities that each of Thermo and the Purchaser elected to purchase pursuant to Section 4.02 multiplied by a fraction, (i) the numerator of which shall be the amount of Offered Securities the Company actually proposes to sell, and (ii) the denominator of which shall be the amount of all Offered Securities. In such event, the Company may not sell or otherwise dispose of more than the reduced amount of the Offered Securities until such securities have again been offered to Thermo and the Purchaser in accordance with Section 4.01.

Appears in 2 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Photoelectron Corp), Convertible Note and Warrant Purchase Agreement (Photoelectron Corp)

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Reduction in Amount of Offered Securities. In the event the ----------------------------------------- Company shall propose to sell less than all the Refused Securities (any such sale to be in the manner and on the terms specified in Section 4.03(a) above), then Thermo and the Purchaser PIC shall reduce the number of, or other units of, the Offered Securities specified in their respective Notices of Acceptance to an amount that shall be not less than the amount of the Offered Securities that each of Thermo and the Purchaser PIC elected to purchase pursuant to Section 4.02 multiplied by a fraction, (i) the numerator of which shall be the amount of Offered Securities the Company actually proposes to sell, and (ii) the denominator of which shall be the amount of all Offered Securities. In such event, the Company may not sell or otherwise dispose of more than the reduced amount of the Offered Securities until such securities have again been offered to Thermo and the Purchaser PIC in accordance with Section 4.01.

Appears in 2 contracts

Samples: Subordinated Convertible Note Purchase Agreement (Photoelectron Corp), Subordinated Convertible Note Purchase Agreement (Photoelectron Corp)

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Reduction in Amount of Offered Securities. In the event the ------------------------------------------ Company shall propose to sell less than all the Refused Securities (any such sale to be in the manner and on the terms specified in Section 4.03(a) above), then Thermo and the Purchaser shall reduce the number of, or other units of, the Offered Securities specified in their respective Notices of Acceptance to an amount that shall be not less than the amount of the Offered Securities that each of Thermo and the Purchaser elected to purchase pursuant to Section 4.02 multiplied by a fraction, (i) the numerator of which shall be the amount of Offered Securities the Company actually proposes to sell, and (ii) the denominator of which shall be the amount of all Offered Securities. In such event, the Company may not sell or otherwise dispose of more than the reduced amount of the Offered Securities until such securities have again been offered to Thermo and the Purchaser in accordance with Section 4.01.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Photoelectron Corp)

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