Subscription Right. (a) If at any time after the date hereof, and for so long as a Purchaser Beneficially Owns (as defined in the Certificate of Designation) at least twenty-five percent (25%) of the shares of Common Stock issuable to such Purchaser pursuant to this Agreement (including upon conversion of the Shares and exercise of the Warrants), the Company proposes to issue equity securities of any kind (the term "
Appears in 2 contracts
Samples: Securities Purchase Agreement (Proxim Corp), Securities Purchase Agreement (Warburg Pincus Private Equity Viii L P)
Subscription Right. (a) If at any time after the date hereof, and for so long as a Purchaser Beneficially Owns (as defined in the Certificate of Designation) at least twenty-five percent (25%) of the shares of Common Stock issuable to such Purchaser pursuant to this Agreement and the 2002 Purchase Agreement (including upon conversion of the Shares shares of the Preferred Stock and the Series A Preferred and upon exercise of the WarrantsWarrants and Existing Warrants but excluding the shares of Preferred Stock issuable upon the Company's Call Right), the Company proposes to issue equity securities of any kind (the term "
Appears in 2 contracts
Samples: Securities Purchase Agreement (Warburg Pincus Private Equity Viii L P), Securities Purchase Agreement (Proxim Corp)