Common use of Terms of the Exchange Clause in Contracts

Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities in exchange for such number of shares of Preferred Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Preferred Shares, the “Securities”) as set forth on Schedule A, annexed hereto.

Appears in 4 contracts

Samples: Exchange Agreement (Dataram Corp), Exchange Agreement (Dataram Corp), Exchange Agreement (Dataram Corp)

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Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities in exchange for such number of shares of Common Stock (the “Shares”) or the Preferred Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Common Shares and the Preferred Shares, the “Securities”) as set forth on Schedule A, annexed hereto.

Appears in 4 contracts

Samples: Exchange Agreement (Majesco Entertainment Co), Exchange Agreement (Majesco Entertainment Co), Exchange Agreement (Majesco Entertainment Co)

Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities in exchange for such number of shares of Preferred Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Preferred Shares, the “Securities”) as set forth on Schedule A, annexed hereto. Additionally, the Holder hereby waives any and all unpaid dividends accrued, if any, on the Exchange Securities, as of the date of issuance and releases the Company from any payment thereof or obligation in connection therewith.

Appears in 2 contracts

Samples: Exchange Agreement (Red Cat Holdings, Inc.), Exchange Agreement (Unusual Machines, Inc.)

Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities in exchange for such number of shares of Preferred Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Common Shares and the Preferred Shares, the “Securities”) as set forth on Schedule A, annexed hereto.

Appears in 2 contracts

Samples: Loan and Exchange Agreement (Alset EHome International Inc.), Exchange Agreement (New Age Beverages Corp)

Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities Securities, without the payment of any exercise price therefore, and will relinquish any and all other rights he may have under the Exchange Securities Securities, in exchange for such number of shares of Preferred Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Preferred Shares, the “Securities”) as set forth on Schedule A, A annexed hereto. The terms, limitations and preferences of the Preferred Stock are set forth in the Certificate of Designation of Series I Non-convertible Preferred Stock annexed hereto as Exhibit A (the “Certificate of Designation”).

Appears in 1 contract

Samples: Exchange Agreement (Towerstream Corp)

Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities in exchange for such number of Eight Hundred Fifty Thousand (850,000) shares of Preferred Stock common stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Preferred Shares, the “Securities”) as set forth on Schedule A, annexed hereto).

Appears in 1 contract

Samples: Exchange Agreement (MGT Capital Investments Inc)

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Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities in exchange for such number of shares of Preferred Common Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Preferred Shares, the “Securities”) as set forth on Schedule A, annexed hereto.

Appears in 1 contract

Samples: Exchange Agreement (Polarityte, Inc.)

Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities (including any rights to receive any accrued but unpaid interest on the Note) in exchange for such number of shares of Preferred Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Preferred Shares, the “Securities”) as set forth on Schedule A, annexed hereto.

Appears in 1 contract

Samples: Exchange Agreement (Dataram Corp)

Terms of the Exchange. The Company and Holder agree that the Holder will exchange the Exchange Securities and will relinquish any and all other rights he may have under the Exchange Securities in exchange for such number of shares of Preferred Stock (the “Preferred Shares”, and such Preferred Shares as converted into Common Stock, the “Conversion Shares”, and together with the Preferred Conversion Shares, the “Securities”) as set forth on Schedule A, annexed hereto.

Appears in 1 contract

Samples: Exchange Agreement (Orbital Tracking Corp.)

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