Common use of Right of Issuance of Shares Clause in Contracts

Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser at the address of the Purchaser appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable hereunder in an amount equal to the applicable number of Reserved Shares issued. The Purchaser and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days of receipt of such notice. The Purchaser and any assignee, by assignment of this Agreement, acknowledge and agree that, by reason of the provisions of this paragraph, following the issuance of a portion of the Reserved Shares hereunder, the number of Reserved Shares available for issuance hereunder at any given time may be less than the amount stated in Section 2 hereof.

Appears in 2 contracts

Samples: Right to Shares Letter Agreement (Viveve Medical, Inc.), Right to Shares Letter Agreement (Viveve Medical, Inc.)

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Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser at the address of the Purchaser Inpixon appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Rights Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Rights Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Rights Shares purchasable hereunder in an amount equal to the applicable number of Reserved Rights Shares issued. The Purchaser Inpixon and the Company shall maintain records showing the number of Reserved Rights Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days of receipt of such notice. The Purchaser Inpixon and any assignee, by assignment of this Agreement, acknowledge and agree that, by reason of the provisions of this paragraph, following the issuance of a portion of the Reserved Rights Shares hereunder, the number of Reserved Rights Shares available for issuance hereunder at any given time may be less than the amount stated in Section 2 hereof.

Appears in 2 contracts

Samples: Right to Shares Letter Agreement (Sysorex, Inc.), Right to Shares Letter Agreement (Inpixon)

Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser First Choice at the address of the Purchaser First Choice appearing on the books of the Company) of a duly executed facsimile or .PDF copy of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Rights Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Rights Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Rights Shares purchasable hereunder in an amount equal to the applicable number of Reserved Rights Shares issued. The Purchaser First Choice and the Company shall maintain records showing the number of Reserved Rights Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days of receipt of such notice. The Purchaser First Choice and any assignee, by assignment of this Agreement, acknowledge and agree that, by reason of the provisions of this paragraph, following the issuance of a portion of the Reserved Rights Shares hereunder, the number of Reserved Rights Shares available for issuance hereunder at any given time may be less than the amount stated in Section 2 hereof.

Appears in 1 contract

Samples: Letter Agreement (Sysorex, Inc.)

Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser Holder at the address of the Purchaser Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Shares. as Exhibit B. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable hereunder in an amount equal to the applicable number of Reserved Shares issued. The Purchaser Holder and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days of receipt of such notice. The Purchaser Holder acknowledges and any assignee, by assignment of this Agreement, acknowledge and agree agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Shares hereunderpursuant thereto, the number of Reserved Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in Section 2 the recitals hereof.

Appears in 1 contract

Samples: Right to Shares Agreement (Veriteq)

Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser at the address of the Purchaser appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Warrant Exchange Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable hereunder in an amount equal to the applicable number of Reserved Shares issued. The Purchaser and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days business days of receipt of such notice. The Purchaser and any assignee, by assignment of this Agreement, acknowledge and agree that, by reason of the provisions of this paragraph, following the issuance of a portion of the Reserved Shares hereunder, the number of Reserved Shares available for issuance hereunder at any given time may be less than the amount stated in Section 2 hereof.

Appears in 1 contract

Samples: Right to Shares Letter Agreement (PLC Systems Inc)

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Right of Issuance of Shares. Subject to the terms hereof, including, without limitation, Section 8.7 hereof, the exercise of the Right may be mademade by the Investor (or any transferee of such Right by the Investor) (the “Holder”), in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser Holder at the address of the Purchaser Holder appearing on the books of the Company) of a duly executed facsimile or PDF copy (delivered via e-mail) of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Shares. as Exhibit A. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Right Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Right Shares purchasable hereunder in an amount equal to the applicable number of Reserved Right Shares issued. The Purchaser Holder and the Company shall maintain records showing the number of Reserved Right Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days of receipt of such notice. The Purchaser Holder acknowledges and any assignee, by assignment of this Agreement, acknowledge and agree agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Right Shares hereunderpursuant thereto, the number of Reserved Right Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in Section 2 hereofinitial Right Share Amount.

Appears in 1 contract

Samples: Exchange Agreement (Great Basin Scientific, Inc.)

Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser at the address of the Purchaser appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Shareshereto. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable hereunder in an amount equal to the applicable number of Reserved Shares issued. The Purchaser and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days of receipt of such notice. The Purchaser and any assignee, by assignment of this Agreement, acknowledge and agree that, by reason of the provisions of this paragraph, following the issuance of a portion of the Reserved Shares hereunder, the number of Reserved Shares available for issuance hereunder at any given time may be less than the amount stated in Section 2 hereof.

Appears in 1 contract

Samples: Right to Shares Letter Agreement (PLC Systems Inc)

Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Purchaser at the address of the Purchaser appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Issuance Form annexed hereto requesting the issuance of Reserved Shares and/or Additional Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable hereunder in an amount equal to the applicable number of Reserved Shares issued. The Purchaser and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within two (2) Business Days of receipt of such notice. The Purchaser and any assignee, by assignment of this Agreement, acknowledge and agree that, by reason of the provisions of this paragraph, following the issuance of a portion of the Reserved Shares hereunder, the number of Reserved Shares available for issuance hereunder at any given time may be less than the amount stated in Section 2 hereof.

Appears in 1 contract

Samples: Right to Shares Letter Agreement (PLC Systems Inc)

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