Examples of EFI Common Shares in a sentence
As at the date hereof, there are: (i) 214,336,818 EFI Common Shares issued and outstanding; (ii) 12,857,800 EFI Common Shares reserved for issuance upon exercise of currently outstanding options; (iii) no EFI Preferred Shares are issued or outstanding; and (iv) 28,036,881 EFI Common Shares reserved for issuance upon the exercise of currently outstanding warrants.
All outstanding EFI Common Shares have been authorized and are validly issued and outstanding as fully paid and non-assessable shares.
EFI is authorized to issue an unlimited number of EFI Common Shares, as well as an unlimited number of preferred shares issuable in series, and an unlimited number series A preferred shares (the preferred shares collectively, the “EFI Preferred Shares”).
In the event that the repayment of the EFI Note would otherwise result in the issuance to a Xxxxxxx Shareholder of a number of EFI Common Shares which is not a whole number, the number of EFI Common Shares to be issued to such Xxxxxxx Shareholder shall be rounded down to the nearest whole number.
The EFI Common Shares to be issued to holders of Denison Common Shares in connection with the Arrangement shall have been conditionally approved for listing on the TSX, subject to official notice of issuance and other normal conditions.
Notwithstanding these restrictions, the undersigned has agreed to enter into this Lock-Up Agreement to further assure the Underwriters that the Company Securities of the undersigned, now held or hereafter acquired, will not enter the public market at a time that might impair the underwriting effort.
The EFI Common Shares to be issued to holders of Xxxxxxx Common Shares in connection with the Arrangement shall have been conditionally approved for listing on the TSX, subject to official notice of issuance and other normal conditions.
The parties agree that the Arrangement will be carried out with the intention that all EFI Common Shares issued on completion of the Arrangement to the Titan Shareholders will be issued by EFI in reliance on the exemption from the registration requirements of the 1933 Act provided by Section 3(a)(10) of the 1933 Act (the “Section 3(a)(10) Exemption”), will not be subject to registration under state “blue sky” or securities laws and will otherwise be in compliance with all U.S. Securities Laws.
EFI shall use its commercially reasonable best efforts to cause the EFI Common Shares issuable pursuant to the Arrangement to be issued to holders of Titan Common Shares as of the Effective Time and to cause such shares to be listed on the TSX.
No fractional EFI Common Shares shall be issued to Former Titan Shareholders.