Examples of Closing Common Stock in a sentence
Subject to the satisfaction (or waiver) of the terms and conditions of this Agreement, the Buyer agrees to purchase at Closing (as defined herein below) and the Company agrees to sell and issue to the Buyer at Closing, Common Stock in the amount corresponding with the Subscription Amount set forth opposite the Buyer’s name on Schedule I hereto (the “Shares”).
The Corporation may not provide notice of its intention to convert any shares of Series B Preferred Stock if the closing bid price of the Common Stock as quoted on the Nasdaq National Market, or any other established exchange or national system on which the Common Stock is listed, for the day prior to the date of such proposed notice is less than the Closing Common Stock Price.
The "Closing Common Stock Price" shall be the average closing bid price of the Common Stock as quoted on the Nasdaq National Market, or any other established exchange or national system on which the Common Stock is listed, over the 20 Trading Days prior to the Closing Date as such term is defined in the Preferred Stock Purchase Agreement dated April 19, 2001 (the "Purchase Agreement") by and between the Corporation and MedImmune, Inc.
Notwithstanding anything to the contrary in this Section 4, any adjustment to the Pre-Stockholder Approval CPR Share Number shall not cause such number to exceed (x) a number equal to 19.99% of the number of shares of Common Stock outstanding as of the date immediately prior to the execution of the Investment Agreement, less (y) the number of shares of Initial Closing Common Stock (as such numbers referred to in clauses (x) and (y) may be adjusted pursuant to this Section 4, mutatis mutandis).
The portion of the Closing Common Stock Merger Consideration or Closing Preferred Stock Merger Consideration that each Common Stockholder or Preferred Stockholder is entitled to receive pursuant to Section 1.6(b) or Section 1.6(c), and the portion of the Merger Consideration deposited into each Escrow Account on the account of each such Stockholder, shall be rounded to the nearest cent (with $0.005 being rounded upward).
Buyer shall use its best efforts to file a registration statement for the resale of Closing Common Stock and shares of Closing Common Stock underlying the conversion of the Buyer Preferred Stock, as soon as practicable following the Closing and shall use its reasonable best efforts to cause such registration statement to be declared effective under the Securities Act as promptly as practicable after the filing thereof and to remain effective.
The purchase and sale of the Third Closing Common Stock under Section 1.1(b) above shall take place at the offices of VLG three (3) trading days following the Anniversary Date or at such other time and place as the Company and the Investor mutually agree upon orally or in writing (which time and place are designated as the "Third Closing").
The aggregate number of shares of Common Stock issued on conversion of shares of Series B Preferred Stock pursuant to paragraph 5(b)(ii) shall not exceed the lesser of 6,508,777 shares and the quotient of $10,000,000 divided by the Closing Common Stock Price (the "Second Maximum Conversion Amount").
At the Closing, Common Stock of Versatile ($301,000) and Members' deficit of Bella Rose ($395,481) will be reclassified to additional paid-in capital to reflect the additional shares of common stock that will be issued at par value of $0.001 per share.
Investor has received a commitment letter from Guarantor, conditional only upon the occurrence of the Closing, pursuant to which Guarantor will purchase or cause to be purchased immediately prior to the Closing Common Stock of the Investor for a cash purchase price of at least $102,500,000 in the aggregate.