Common use of Subsequent Equity Issuances Clause in Contracts

Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other Common Shares or any Common Share Equivalents (other than the Shares) during the term of this Agreement without giving the Manager at least three (3) Business Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction, and the Manager shall thereupon suspend acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided, however, that the Company may, without giving such notice, issue and sell Common Shares pursuant to (i) any employee equity incentive plan, share ownership plan or dividend reinvestment plan of the Company in effect from time to time, (ii) an acquisition, merger or sale or purchase of assets, (iii) the conversion or exercise of Common Share Equivalents outstanding from time to time and (iv) any obligations in respect of existing agreements, arrangements or instruments.

Appears in 2 contracts

Samples: At the Market Offering Agreement (Bitfarms LTD), At the Market Offering Agreement (Bitfarms LTD)

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Subsequent Equity Issuances. Neither the The Company nor any Subsidiary will not offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other Common Shares or any Common Share Equivalents (other than the Shares) during the term of this Agreement without giving the Manager at least three (3) Business Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction, and the Manager shall thereupon suspend acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided, however, that the Company may, without giving such notice, issue and sell Common Shares pursuant to (i) any employee equity incentive plan, the Company’s share ownership plan or dividend reinvestment plan of the Company compensation plans in effect from time to time, (ii) the exercise of share options or the vesting of restricted share units under the Company’s share compensation plans, (iii) an acquisition, merger or sale or purchase of assets, (iiiiv) the conversion or exercise of Common Share Equivalents outstanding from time to time and (ivv) any obligations in respect of existing agreements, arrangements or instruments.

Appears in 1 contract

Samples: Equity Distribution Agreement (Draganfly Inc.)

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Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other Common Shares or any Common Share Equivalents (other than the Shares) during the term of this Agreement (i) without giving the Manager Managers at least three (3) Business Days' prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction, transaction and (ii) unless the Lead Manager shall thereupon suspend suspends acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Lead Manager in light of the proposed transaction; provided, however, that the Company may, without giving such notice, may issue and sell Common Shares pursuant to (i) any employee equity incentive stock option plan, share ownership unit plan or other equity incentive plan or dividend reinvestment plan of the Company in effect from time to time, time and (ii) an acquisition, merger or sale or purchase of assets, (iii) the conversion or exercise of Common Share Equivalents outstanding from time to time and (iv) any obligations in respect of existing agreements, arrangements or instrumentstime.

Appears in 1 contract

Samples: At the Market Offering Agreement (Galiano Gold Inc.)

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