Stock Exchange Limitation Sample Clauses

Stock Exchange Limitation. Notwithstanding anything to the contrary in this Note, until the Requisite Stockholder Approval is obtained, in no event will the number of shares of Common Stock issuable pursuant to this Note, together with any shares of Common Stock issuable pursuant to the Warrant, exceed fifty-one million five hundred sixty-seven thousand and fifty (51,567,050) shares in the aggregate. If any one or more shares of Common Stock are not delivered as a result of the operation of the preceding sentence (such shares, the “Withheld Shares”), then, (1) the Company will pay to the Holder, in cash, an amount equal to the product of (x) the number of such Withheld Shares and (y) the Daily VWAP per share of Common Stock on such Conversion Date; and (2) to the extent the Holder purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in settlement of a sale by the Holder of such Withheld Shares, the Company will reimburse the Holder for (x) any brokerage commissions and other out-of-pocket expenses, if any, of the Holder incurred in connection with such purchases and (y) the excess, if any, of (A) the aggregate purchase price of such purchases over (B) the product of (I) the number of such Withheld Shares purchased by the Holder; and (II) the Daily VWAP per share of Common Stock on such Conversion Date.
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Stock Exchange Limitation. Notwithstanding anything to the contrary in this Note, unless the Company obtains a stockholder approval contemplated by Nasdaq Listing Rule 5635(d) with respect to the issuance of shares of Common Stock pursuant to the Purchase Agreement in excess of the limitations imposed by such rule, in no event will the sum of: (i) the aggregate number of Repayment Shares and Conversion Shares issued under this Note, plus (ii) the aggregate number of Repayment Shares and Conversion Shares issued under any other “Note” as defined in the Purchase Agreement and all other Securities Purchase Agreements entered into with other parties on or around the date of the Purchase Agreement pursuant to which the Company issues notes similar to this Note (the Purchase Agreement and all such other Securities Purchase Agreements, the “Purchase Agreements”), plus (iii) the number of First Closing Shares issued pursuant to the Purchase Agreements and all other Purchase Agreements (as adjusted for stock splits, recapitalizations and similar transactions), exceed 20,478,005 shares in the aggregate (as adjusted for stock splits, recapitalizations and similar transactions). If the Company is not able to issue shares upon a conversion of this Note as a result of the operation of the preceding sentence, then any portion of this Note that cannot be so converted shall remain outstanding until repaid by the Company in cash.”
Sample 1
Stock Exchange Limitation. Until the Requisite Stockholder Approval (as defined in the New Note) is obtained, in no event will the number of shares of Common Stock issued upon exercise of this Warrant, when aggregated with the Exchange Shares (as defined in the Exchange Agreement), any shares of Common Stock issued upon exercise of the Right (as defined in the Exchange Agreement) and any shares of Common Stock issued upon conversion of the New Note or otherwise pursuant to the New Note, exceed [__] [NTD: to be a prorated proportion of [__] shares based on total amount of New Notes issued] shares in the aggregate. If, after January 31, 2020, any one or more shares of Common Stock are not delivered upon exercise of this Warrant as a result of the operation of the preceding sentence (such shares, the “Withheld Shares”), then (1) on the Warrant Share Delivery Date for such exercise, the Company will pay to the Holder cash in an amount equal to the product of (x) the number of such Withheld Shares; and (y) the Daily VWAP (as defined in the New Note) per share of Common Stock on the applicable date of exercise; and (2) to the extent the Holder purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in settlement of a sale by the Holder of such Withheld Shares, the Company will reimburse the Holder for (x) any brokerage commissions and other out-of-pocket expenses, if any, of the Holder incurred in connection with such purchases and (y) the excess, if any, of (A) the aggregate purchase price of such purchases over (B) the product of (I) the number of such Withheld Shares purchased by the Holder; and (II) the Daily VWAP on the applicable date of exercise.
Sample 1
Stock Exchange Limitation. To the extent required by the Nasdaq Listing Standard Rules, the Company shall obtain stockholder approval for the issuance of shares of Common Stock issuable upon exercise of the Right. In no event shall the Company be obligated to issue shares of Common Stock upon exercise of the Right to the extent such issuance would breach the Company’s obligations under the Nasdaq Listing Standard Rules.
Sample 1
Stock Exchange Limitation. The parties hereby agree that Section 1(f)(2) of each of the March Warrant and the June Warrant shall be amended to remove Section 1(f)(2) in its entirety.
Sample 1
Stock Exchange Limitation. Notwithstanding anything to the contrary in this Agreement, until the Stockholder Approval Date has occurred, in no event will the number of shares of Common Stock issuable, together with any shares of Common Stock issuable upon exchange of any other 8% Series C Redeemable Preferred Stock, exceed 27,764,100 shares in the aggregate.
Sample 1

Related to Stock Exchange Limitation

  • Stock Exchange Listing The shares of Common Stock have been approved for listing on the NASDAQ Capital Market (the “Exchange”), and the Company has taken no action designed to, or likely to have the effect of, delisting the shares of Common Stock from the Exchange, nor has the Company received any notification that the Exchange is contemplating terminating such listing except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Stock Exchange Listings Parent shall use all reasonable efforts to list on the NYSE, upon official notice of issuance, the Paired Shares to be issued in connection with the Merger.

  • New York Stock Exchange Listing Application has been made, and the Securities shall have been listed and admitted and authorized for trading, subject to official notice of issuance, on the New York Stock Exchange so that trading on such exchange will begin within 30 days after the date of this Agreement.

  • Stock Exchange De-listing Prior to the Closing Date, the Company shall cooperate with Parent and use reasonable best efforts to take, or cause to be taken, all actions, and do or cause to be done all things, reasonably necessary, proper or advisable on its part under applicable Laws and rules and policies of the NYSE to enable the delisting by the Surviving Corporation of the Shares from the NYSE and the deregistration of the Shares under the Exchange Act as promptly as practicable after the Effective Time.

  • Stock Exchange Delisting Prior to the Closing Date, the Company shall cooperate with Parent and use reasonable efforts to take, or cause to be taken, all actions, and do or cause to be done all things, reasonably necessary, proper or advisable on its part under applicable Laws and rules and policies of the NASDAQ Global Select Market to enable the delisting by the Surviving Corporation of the Shares from the NASDAQ Global Select Market and the deregistration of the Shares under the Exchange Act as promptly as practicable after the Effective Time.

  • Stock Exchange Delisting; Deregistration Prior to the Closing Date, the Company shall cooperate with Parent and use its reasonable best efforts to take, or cause to be taken, all actions, and do or cause to be done all things, reasonably necessary, proper or advisable on its part under applicable laws and rules and policies of NASDAQ to enable the delisting by the Surviving Corporation of the Shares from NASDAQ and the deregistration of the Shares under the Exchange Act as promptly as practicable after the Effective Time.

  • Obtaining Stock Exchange Listings The Company will from time to time take all commercially reasonable actions which may be necessary so that the Warrant Shares, immediately upon their issuance upon the exercise of Warrants, will be listed on the principal securities exchanges and markets within the United States of America, if any, on which other shares of Common Stock are then listed.

  • Nasdaq Until the consummation of a Business Combination, the Company will use its best efforts to maintain the listing of the Public Securities on Nasdaq or a national securities exchange acceptable to the Representative.

  • Nasdaq Stock Market The Public Securities have been authorized for listing, subject to official notice of issuance and evidence of satisfactory distribution, on The Nasdaq Stock Market (the “Nasdaq”), and the Company knows of no reason or set of facts that is likely to adversely affect such authorization.

  • Nasdaq Listing The shares of Parent Common Stock to be issued in the Merger shall have been authorized for listing on Nasdaq, subject to notice of issuance.

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