Waivers by Holders of Existing Warrants. The Company shall have obtained waivers from holders of its warrants outstanding immediately prior to the Closing Date (the "Pre-Existing Warrants") as required to provide that the number of shares of Common Stock acquirable under the terms thereof shall not increase as a result of the transactions contemplated by this Agreement, the Nortel Note Exchange Agreement, the SDS Note Exchange Agreement, the Series H Share Exchange Agreement and the Series J Share Exchange Agreement.
Appears in 4 contracts
Samples: Common Stock and Warrant Purchase Agreement (Bank One Corp), Purchase Agreement (Fibernet Telecom Group Inc\), Purchase Agreement (Toronto Dominion Texas Inc)
Waivers by Holders of Existing Warrants. The Company shall have obtained waivers from holders of its warrants outstanding immediately prior to the Closing Date (the "Pre-Existing Warrants") as required to provide that the number of shares of Common Stock acquirable under the terms thereof shall not increase as a result of the transactions contemplated by this Agreement, the Nortel Note Exchange Agreement, the SDS Note Exchange Agreement, the Series H Share Exchange Agreement and the Series J Share Exchange Agreement.
Appears in 4 contracts
Samples: Common Stock and Warrant Purchase Agreement (Toronto Dominion Texas Inc), Purchase Agreement (Bank One Corp), Purchase Agreement (Fibernet Telecom Group Inc\)
Waivers by Holders of Existing Warrants. The Company shall have obtained waivers from holders of its warrants outstanding immediately prior to the Closing Date (the "“Pre-Existing Warrants"”) as required to provide that the number of shares of Common Stock acquirable under the terms thereof shall not increase as a result of the transactions contemplated by this Agreement, the Nortel Note Exchange Agreement, the SDS Note Exchange Agreement, the Series H Share Exchange Agreement and the Series J Share Exchange Agreement.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Ibm Credit Corp)
Waivers by Holders of Existing Warrants. The Company shall have obtained waivers from holders of its warrants outstanding immediately prior to the Closing Date (the "“Pre-Existing Warrants"”) as required to provide that the number of shares of Common Stock acquirable under the terms thereof shall not increase as a result of the transactions contemplated by this Agreement, the Nortel Note Exchange Agreement, the SDS Note Exchange Agreement, the Series H Share Exchange Agreement and the Series J Share Exchange Agreement.
Appears in 1 contract
