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 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 Rights Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Rights Shares available hereunder shall have the effect of lowering the outstanding number of Rights Shares purchasable hereunder in an amount equal to the applicable number of Rights Shares issued. Inpixon and the Company shall maintain records showing the number of 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. 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 Rights Shares hereunder, the number of 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)

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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 Inpixon 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 Rights Reserved Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Rights Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Rights Reserved Shares purchasable hereunder in an amount equal to the applicable number of Rights Reserved Shares issued. Inpixon The Purchaser and the Company shall maintain records showing the number of Rights 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. Inpixon 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 Rights Reserved Shares hereunder, the number of Rights 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.)

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 Inpixon 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 Rights Warrant Exchange Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Rights Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Rights Reserved Shares purchasable hereunder in an amount equal to the applicable number of Rights Reserved Shares issued. Inpixon The Purchaser and the Company shall maintain records showing the number of Rights 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. Inpixon 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 Rights Reserved Shares hereunder, the number of Rights 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, 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 Inpixon the 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 Rights Shares. as Exhibit A. Partial exercises of the Right resulting in issuances of a portion of the total number of Rights Right Shares available hereunder shall have the effect of lowering the outstanding number of Rights Right Shares purchasable hereunder in an amount equal to the applicable number of Rights Right Shares issued. Inpixon The Holder and the Company shall maintain records showing the number of Rights 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. Inpixon The 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 Rights Right Shares hereunderpursuant thereto, the number of Rights 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 First Choice at the address of Inpixon 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 Rights Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Rights Shares available hereunder shall have the effect of lowering the outstanding number of Rights Shares purchasable hereunder in an amount equal to the applicable number of Rights Shares issued. Inpixon First Choice and the Company shall maintain records showing the number of 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. Inpixon 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 Rights Shares hereunder, the number of Rights Shares available for issuance hereunder at any given time may be less than the amount stated in Section 2 hereof. 1 Number of shares shall not exceed 9.99% of the total issued and outstanding shares of Common Stock of the Company.

Appears in 1 contract

Samples: Right to Shares Letter Agreement (Sysorex, 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 Inpixon 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 Rights Shares and/or Additional Shares. Partial exercises of the Right resulting in issuances of a portion of the total number of Rights Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Rights Reserved Shares purchasable hereunder in an amount equal to the applicable number of Rights Reserved Shares issued. Inpixon The Purchaser and the Company shall maintain records showing the number of Rights 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. Inpixon 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 Rights Reserved Shares hereunder, the number of Rights 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 Holder at the address of Inpixon the 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 Rights Shares. as Exhibit B. Partial exercises of the Right resulting in issuances of a portion of the total number of Rights Reserved Shares available hereunder shall have the effect of lowering the outstanding number of Rights Reserved Shares purchasable hereunder in an amount equal to the applicable number of Rights Reserved Shares issued. Inpixon The Holder and the Company shall maintain records showing the number of Rights 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. Inpixon The 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 Rights Reserved Shares hereunderpursuant thereto, the number of Rights 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)

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