Biovest Common Stock definition
Examples of Biovest Common Stock in a sentence
This Anti-Dilution adjustment shall NOT apply to any issuance of Biovest Common Stock or Biovest Common Stock Equivalents pursuant to the exercise of options pursuant to any Stock Option Plan or Equity Incentive Plan of Biovest.
Section 1.01 is further amended to reflect that both Accentia and Biovest recognize that there are currently insufficient authorized, unissued shares of Biovest Common Stock to allow Biovest to transfer to Accentia the 81% stock ownership contemplated by the Investment Agreement.
At any time after the Effective Date hereof until the balance due from Biovest to Accentia pursuant to certain outstanding Demand Promissory Notes, including any additional sums which may become due from Biovest to Accentia and any interest which may accrue thereupon (collectively the “Inter-Company Debt”) is no longer outstanding, this Inter-Company Debt shall be convertible, in whole or in part, into shares of Biovest Common Stock at the option of Accentia.
All representations, warranties, covenants, undertakings and agreements made herein shall survive the Closing, notwithstanding any custom or law to the contrary and notwithstanding the delivery of the Biovest Common Stock and the acceptance thereof.
Biovest shall advise the Agent, promptly after it receives notice of issuance by the SEC, any state securities commission or any other regulatory authority, of any stop order or of any order preventing or suspending any offering of any securities of Biovest, or of the suspension of the qualification of the Biovest Common Stock for offering or sale in any jurisdiction, or the initiation of any proceeding for any such purpose.
The shares of Biovest capital stock to be issued to Accentia hereunder shall be common stock, par value $.01 per share ("Biovest Common Stock").
At closing, Accentia shall execute and deliver to Biovest, a Letter of Investment Intent in form acceptable to Biovest confirming Accentia's intent to hold the shares of Biovest Common Stock for investment and not for resale and confirming Accentia's covenant set forth in Section 5.02.
At closing, Accentia shall execute and deliver to Biovest, a Letter of Investment Intent in form acceptable to Biovest confirming Accentia’s intent to hold the shares of Biovest Common Stock for investment and not for resale and confirming Accentia’s covenant set forth in Section 5.02.
Biovest shall maintain the listing or quotation, as applicable, of the Biovest Common Stock on the Principal Market, and will comply in all material respects with Biovest’s reporting, filing and other obligations under the bylaws or rules of the Financial Industry Regulatory Authority (“FINRA”) and such exchanges, as applicable.
Notwithstanding anything to the contrary contained in this Agreement, the Subordinated Lenders shall, pursuant to the terms of the BVTI Term Notes, be entitled (i) to receive any Mandatory Prepayments (as such term is defined in the BVTI Term Notes) that Biovest is required to make pursuant to Section 2.2 of the BVTI Term Notes and (ii) to consent to the conversion of all or any portion of the Subordinated Obligations under the BVTI Term Notes into shares of Biovest Common Stock.