Subsequent Financing. From the date hereof until the date that is the twenty four (24) month anniversary of the Effective Date, the Company shall use its commercially reasonable efforts to, prior to any issuance by the Company or any of its Subsidiaries of Common Stock or Common Stock Equivalents for cash consideration, or a combination of units thereof (a “Subsequent Financing”), provide each Purchaser with (x) written notice of the Subsequent Financing (including the contemplated terms and conditions of the Subsequent Financing, the amount of proceeds intended to be raised thereunder and the Person or Persons through or with whom such Subsequent Financing is proposed to be effected) and (y) the opportunity to consult reasonably with the Company with respect to the terms and conditions of such Subsequent Financing.
Subsequent Financing. If, at any time prior to July 30, 2005, the Company shall issue any shares of Common Stock in a non-public capital raising transaction (a "Financing Transaction") at a price per share less than the Per Share Purchase Price, then each Purchaser shall be entitled to receive, in connection with the closing of the Financing Transaction, an additional number of shares of Common Stock (the "Adjustment Shares") determined by subtracting (i) the number of Shares received by such Purchaser pursuant to this Agreement at Closing, from (ii) the number of shares of Common Stock determined by dividing such Purchaser's aggregate Purchase Price paid at Closing by the per share purchase price in the Financing Transaction, rounded down to the nearest whole share; provided, however, that in no event shall an issuance be deemed to constitute a Financing Transaction if the primary purpose of such equity financing is not to raise equity capital; provided, further, that the issuance of any Adjustment Shares to any Purchaser in connection with the closing of a Financing Transaction shall be subject to the receipt of appropriate consents of and approvals by the Company's board of directors and shall be subject to the availability of an exemption from registration under the Securities Act. Notwithstanding anything in this Section 4.11 to the contrary, no Adjustment Shares shall be issuable, and no Purchaser shall be entitled to any Adjustment Shares, to the extent that as a result of said issuance in excess of 6,135,108 shares of Common Stock (19.99% of the Common Stock issued and outstanding on the date hereof, which number shall be subject to readjustment for any stock split, stock dividend or reclassification of the Common Stock) (the "20% Cap") would be issued pursuant to this Section 4.11. In such event, each Purchaser shall be entitled to receive the number of Additional Shares equal to such Purchaser's pro rata share of the 20% Cap (based upon its aggregate Purchase Price hereunder).
Subsequent Financing. The letter of intent dated June 10, 2002 between the Company and Commonwealth Associates, L.P. with respect to a $8 to $12 million subordinated note financing shall be in full force and effect.
Subsequent Financing. The Exercise Price per share may be adjusted, in Holder’s sole discretion, to equal 75% multiplied by the price per share in the next equity raise consummated by the Company.
Subsequent Financing. The Note is intended to provide necessary bridge financing to the Company prior to an anticipated financing in the near future of an amount up to $1,450,000 which is expected to be structured as convertible preferred stock (the "Preferred Financing"). Upon the closing of the Preferred Financing, the Note shall automatically convert into the Preferred Financing." We kindly request that you execute this letter below indicating that you agree with the above amendment. Sincerely, Boston Therapeutics Inc. By: /s/ Dxxxx Xxxxx Name: Dxxxx Xxxxx Title: CEO and Director AGREED AND ACKNOWLEDGED: CJY Holdings Limited By: /s/ Cxxxx Xxx Him Name: Cxxxx Xxx Him Title:
Subsequent Financing. The Note is intended to provide necessary bridge financing to the Company prior to an anticipated financing in the near future of an amount up to $1,602,000 which is expected to be structured as convertible preferred stock (the "Preferred Financing"). Upon the closing of the Preferred Financing, the Note shall automatically convert into the Preferred Financing." We kindly request that you execute this letter below indicating that you agree with the above amendment. Sincerely, Boston Therapeutics Inc. By: /s/ Cxxxxx Xxx-Xxxx Cheng Name: Cxxxxx Xxx-Xxxx Cheng Title: Interim CEO AGREED AND ACKNOWLEDGED: CJY Holdings Limited By: /s/ Cxxxx Xxx Him Name: Cxxxx Xxx Him Title:
Subsequent Financing. Borrower shall raise a minimum of $20,000,000 in gross cash proceeds through the sale of new equity or subordinated debt no later than January 31, 2014, $10,000,000 of which must be raised by Borrower no later than June 21, 2013.”
Subsequent Financing. After the Substantial Completion of the Project, Xxxxxxxx may elect to refinance, from time to time, all or portions the Project without any requirement to obtain the Proprietary Approval of Herndon. Notwithstanding the foregoing, all debt secured by a lien on the Condominium common elements and Herndon Components shall be released at the time of the Arts Center Closing. Herndon will reasonably cooperate with Xxxxxxxx with respect to such refinance(s) including by delivering any reasonable certification or estoppel requested by any Lender.
Subsequent Financing. Subsequent financing shall be consistent with the Proposal, and in the best interests of the Authority.
Subsequent Financing. The Company shall not have consummated a financing of its debt or equity securities.
