Tranche 2 Option Sample Clauses

Tranche 2 Option. The Company hereby grants the Subscriber, in the sole discretion of the Subscriber, an option to purchase within 90 days after the Second Tranche 1 Closing Date up to $1,000,000 (in increments of $250,000, or less, in the sole discretion of the Company) of Tranche 2 Shares at the Tranche 2 Purchase Price and the Company hereby agrees to issue and sell, the Tranche 2 Shares at the Tranche 2 Purchase Price on the terms and subject to the conditions provided for herein.
Sample 1
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Tranche 2 Option. An option to purchase 184,130 shares of the Company’s common stock, at an exercise price per share equal to one hundred fifty percent (150%) of the Fair Market Value on the grant date (August 8, 2014); and
Sample 1
Tranche 2 Option. Upon the terms and subject to the conditions of this Agreement, subject to the receipt of both (i) Stockholder Approval (as defined below) and (ii) achievement of the Tranche 2 Milestone (as defined in Section 1.18 of the Joint Development Agreement), the Company hereby irrevocably grants to the Investor the right to acquire and to require the Company to sell to the Investor the aggregate of 9,500,000 shares of Company Common Stock (the “Tranche 2 Shares”). Such option (the “Tranche 2 Option”) may not be exercised (except as otherwise provided in Section 3.07 below) by the Investor unless and until both Stockholder Approval has been obtained and the Tranche 2 Milestone has been achieved. The Tranche 2 Option may be exercised by the Investor by providing written notice to the Company in accordance with Section 9.01 (the “Tranche 2 Notice”) at any time on or before February 12, 2014 (the “Tranche 2 Deadline”). Such Tranche 2 Notice shall state that the Investor is exercising the Tranche 2 Option for all the Tranche 2 Shares for the aggregate Tranche 2 Exercise Price (as defined below). Upon receipt of a Tranche 2 Notice, the Company shall be obligated to sell the Tranche 2 Shares, upon the terms and subject to the conditions set forth herein. Notwithstanding the foregoing, the Tranche 2 Option shall terminate in the event that the Tranche 2 Option is not exercised on or prior to the Tranche 2 Deadline.
Sample 1

Related to Tranche 2 Option

  • Authorized Capital; Options, etc The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein. Based on the assumptions stated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company will have on the Closing Date the adjusted stock capitalization set forth therein. Except as set forth in, or contemplated by, the Registration Statement, the Pricing Disclosure Package and the Prospectus, on the Effective Date, as of the Applicable Time and on the Closing Date and any Option Closing Date, there will be no stock options, warrants, or other rights to purchase or otherwise acquire any authorized, but unissued shares of Common Stock of the Company or any security convertible or exercisable into shares of Common Stock of the Company, or any contracts or commitments to issue or sell shares of Common Stock or any such options, warrants, rights or convertible securities.

  • Term-Out Option The Borrower may, upon notice to the Agent not later than the Termination Date, elect to convert all of the Loans outstanding on the Termination Date in effect at such time into “term loans” in which case the outstanding Loans shall not be due on the Termination Date and shall instead be due and payable on the first anniversary of the Termination Date, with the effect that, notwithstanding anything to the contrary in this Agreement or in any other Loan Document, all references in this Agreement and each other Loan Document to the Termination Date (other than as set forth in this Section 2.17) shall thereafter be deemed to refer to the date that is the first anniversary of the Termination Date; provided that (a) the Borrower shall have delivered an officer’s certificate dated as of the Termination Date certifying (x) that representations and warranties contained in Article IV are true and correct in all material respects on and as of such date (except where any such representation or warranty is otherwise qualified by materiality, in which case such representation or warranty shall be true and correct in all respects and except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date), (b) no Default shall have occurred and be continuing and (c) the Borrower shall have paid to the Agent for the account of the Banks a fee in the amount equal to (x) 0.50% multiplied by (y) the aggregate outstanding principal amount of all Loans so converted. All Loans converted into “term loans” pursuant to this Section 2.17 shall continue to constitute Loans under this Agreement and the other Loan Documents (i) except that the Borrower may not reborrow such Loans pursuant to Section 2.01 after all or any portion of such Loans shall have been prepaid pursuant to Section 2.10 and no new Loans may be borrowed on or after the Termination Date and (ii) the Borrower may prepay such Loans in whole or in part at any time without premium or penalty in accordance with Section 2.10.

  • Authorized Capital; Options The Company had at the date or dates indicated in each of the Registration Statement, the Sale Preliminary Prospectus, and the Prospectus, as the case may be, duly authorized, issued and outstanding capitalization as set forth in the Registration Statement, the Sale Preliminary Prospectus, and the Prospectus. Based on the assumptions stated in the Registration Statement, the Sale Preliminary Prospectus, and the Prospectus, the Company will have on the Closing Date or on the Option Closing Date, as the case may be, the adjusted share capitalization set forth therein. Except as set forth in, or contemplated by the Registration Statement, the Sale Preliminary Prospectus and the Prospectus, on the Effective Date and on the Closing Date or Option Closing Date, as the case may be, there will be no options, warrants, or other rights to purchase or otherwise acquire any authorized but unissued shares of Common Stock or any security convertible into shares of Common Stock, or any contracts or commitments to issue or sell Common Stock or any such options, warrants, rights or convertible securities.

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