Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding Notes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cash Systems Inc), Securities Purchase Agreement (Viewpoint Corp/Ny/)
Restriction on Redemption and Cash Dividends. So long as any Notes or Additional Investment Rights are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Broadvision Inc), Securities Purchase Agreement (Spatialight Inc)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock Shares without the prior express written consent of the holders of Notes representing not less than two-thirds of Required Holders (as defined in the aggregate principal amount of the then outstanding Notes).
Appears in 2 contracts
Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or cash distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wentworth Energy, Inc.), Securities Purchase Agreement (Wentworth Energy, Inc.)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Company Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Supergen Inc), Securities Purchase Agreement (Supergen Inc)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, without the prior express written consent of the holders of Notes representing not less than a majority of the aggregate principal amount of the then outstanding Notes, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding NotesStock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Arotech Corp)
Restriction on Redemption and Cash Dividends. So long as any Notes or Additional Investment Rights are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding NotesNotes (the "REQUIRED HOLDERS").
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock Ordinary Shares without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Commtouch Software LTD)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds 75% of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Universal Food & Beverage Compny)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, on the Common Stock without the prior express written consent of the holders of the Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Stinger Systems, Inc)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a 75% of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Solar Enertech Corp)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes, except for repurchases of securities pursuant to, and in accordance with, the Company’s equity compensation plans.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ista Pharmaceuticals Inc)
Restriction on Redemption and Cash Dividends. So long as any Convertible Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock or any other equity security without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding NotesRequired Holders.
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, redeem or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the Notes then outstanding Notesoutstanding.
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock Shares without the prior express written consent of the holders of Notes representing not less than two-thirds 70% of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Clearly Canadian Beverage Corp)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, redeem or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (General Steel Holdings Inc)
Restriction on Redemption and Cash Dividends. So long as any New Series Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of the New Series Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding New Series Notes.
Appears in 1 contract
Samples: Exchange Agreement (Metalico Inc)
Restriction on Redemption and Cash Dividends. So long as any Notes are the Note is outstanding, the Company shall not, directly or indirectly, redeem, redeem or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding NotesInvestor.
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock Shares, or on the Class B Preferred Shares other than is otherwise set forth in the Articles as of the date hereof, without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Clearly Canadian Beverage Corp)
Restriction on Redemption and Cash Dividends. So long as any Notes are the Note is outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock Shares without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding NotesNote.
Appears in 1 contract
Samples: Securities Purchase Agreement (Western Standard Energy Corp.)
Restriction on Redemption and Cash Dividends. So Except as permitted pursuant to Section 7(b), so long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding NotesRequired Holders.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Artistdirect Inc)
Restriction on Redemption and Cash Dividends. So Except as set forth on Schedule 4(j), so long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Class A Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Vaso Active Pharmaceuticals Inc)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, repurchase, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or cash distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding NotesRequired Holders.
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders Required Holders (as defined in the Notes) (except for any redemptions or repurchases of Notes representing not less than two-thirds shares from employees pursuant to the terms of the aggregate principal amount of the then outstanding Notesemployment agreements or other benefit plans).
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are Note is outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of Required Holders (as defined in the aggregate principal amount of the then outstanding Notes).
Appears in 1 contract
Samples: Securities Purchase Agreement (Kentucky USA Energy, Inc.)
Restriction on Redemption and Cash Dividends. So long as any Notes or Warrants are outstandingoutstanding or the Buyers shall have the right to purchase any Additional Notes, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Art Advanced Research Technologies Inc)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount Principal Amount of the then outstanding Notes, except for repurchases of securities pursuant to, and in accordance with, the Company’s equity compensation plans.
Appears in 1 contract
Samples: Securities Purchase Agreement (Third Wave Technologies Inc /Wi)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, on the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a majority of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Stinger Systems, Inc)
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds of the aggregate principal amount of the then outstanding NotesBuyers.
Appears in 1 contract
Restriction on Redemption and Cash Dividends. So long as any Notes are outstanding, the Company shall not, directly or indirectly, redeem, or declare or pay any cash dividend or distribution on, the Common Stock without the prior express written consent of the holders of Notes representing not less than two-thirds a 60% of the aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rancher Energy Corp.)