Rights of the Holder of the Note. Pursuant to the provisions of article L.228-98 al. 1 of the French commercial code, the Company is expressly authorized to modify its corporate form or corporate purpose after the execution of this Agreement. Pursuant to article L.228-99 of the French commercial code, if after the issuance of the Notes, (i) the rules pertaining to distribution or to the share capital amortization are modified, (ii) if securities granting a subscription right to specific investors are issued, (iii) in the event of any distribution of available reserves or of share premium or (iv) in the event of the issuance of preferred shares modifying the apportionment of distribution between shareholders, then the Company shall immediately amend the terms and conditions of the Notes so as to maintain the right of its holder. The provisions of this Section 7.1 are without prejudice to the application of the provisions pertaining to the adjustment of the Conversion Rate (as defined in the Notes) as set forth in the form of Note attached as Exhibit A hereto.
Appears in 3 contracts
Samples: Convertible Note Agreement (Sequans Communications), Convertible Note Agreement (Sequans Communications), Convertible Note Agreement (Sequans Communications)
Rights of the Holder of the Note. Pursuant to the provisions of article L.228-98 al. 1 of the French commercial code, the Company is expressly authorized to modify its corporate form or corporate purpose after the execution of this Agreement. Pursuant to article L.228-99 of the French commercial code, if after the issuance of the Notes, (i) the rules pertaining to distribution or to the share capital amortization are modified, (ii) if equity securities granting (titres de capital) are issued with a preferential subscription right (droit préférentiel de souscription) to specific investors are issuedexisting shareholders of the Company, (iii) in the event of any distribution of available reserves or of share premium or (iv) in the event of the issuance of preferred shares modifying the apportionment of distribution between shareholders, then the Company shall immediately amend the terms and conditions of the Notes so as to maintain the right of its holder. The provisions of this Section 7.1 are without prejudice to the application of the provisions pertaining to the adjustment of the Conversion Rate (as defined in the Notes) as set forth in the form of Note attached as Exhibit A B hereto.
Appears in 2 contracts
Samples: Shareholder Loan Agreement (Sequans Communications), Shareholder Loan Agreement (Caisse Des Depots Et Consignations)
Rights of the Holder of the Note. Pursuant to the provisions of article L.228L. 228-98 al. 1 of the French commercial code, the Company is expressly authorized to modify its corporate form or corporate purpose after the execution of this Agreement. Pursuant to article L.228L. 228-99 of the French commercial code, if after the issuance of the NotesNote, (i) the rules pertaining to distribution or to the share capital amortization are modified, (ii) if securities granting a subscription right to specific investors are issued, (iii) in the event of any distribution of available reserves or of share premium or (iv) in the event of the issuance of preferred shares modifying the apportionment of distribution between shareholders, then the Company shall immediately amend the terms and conditions of the Notes Note so as to maintain the right of its holder. The provisions of this Section 7.1 are without prejudice to the application of the provisions pertaining to the adjustment of the Conversion Rate (as defined in the NotesNote) as set forth in the form of Note attached as Exhibit A B hereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sequans Communications)
Rights of the Holder of the Note. Pursuant to the provisions of article L.228-98 al. 1 of the French commercial code, the Company is expressly authorized to modify its corporate form or corporate purpose after the execution of this Agreement. Pursuant to article L.228-99 of the French commercial code, if after the issuance of the NotesNote, (i) the rules pertaining to distribution or to the share capital amortization are modified, or (ii) if securities granting a subscription right to specific investors are issued, or (iii) in the event of any distribution of available reserves or of share premium or (iv) in the event of the issuance of preferred shares modifying the apportionment of distribution between shareholders, then the Company shall immediately amend the terms and conditions of the Notes Note so as to maintain the right of its holder. The provisions of this Section 7.1 are without prejudice to the application of the provisions pertaining to the adjustment of the Conversion Rate (as defined in the NotesNote) as set forth in the form of Note attached as Exhibit A hereto.
Appears in 1 contract
Samples: Convertible Note Agreement (Sequans Communications)