Exchange Cap Shares definition

Exchange Cap Shares has the meaning specified in Section 4(e).
Exchange Cap Shares has the meaning set forth in Section 2(f).
Exchange Cap Shares shall have the meaning set forth in Section 4(j).

Examples of Exchange Cap Shares in a sentence

  • If, due to the Company’s failure to timely obtain any Subsequent Singapore Stockholder Approval, the Company is prohibited from issuing Ordinary Shares (the “Capped Shares”), the Company shall pay cash in exchange for the cancellation of such portion of this Note convertible into such Capped Shares at a price equal to the product of (x) such number of Exchange Cap Shares multiplied by (y) the Closing Sale Price on the day before the date that the Holder became entitled to receipt of such shares hereunder.

  • In the event that on the date four (4) months from the date of the Conversion Notice (the “Exchange Cap Deadline”), the Maker is prohibited from issuing any shares of Common Stock pursuant to this Section 4.4(c) (the “Exchange Cap Shares”), the Maker shall pay to the Holder, as partial liquidated damages and not as a penalty, the dollar amount due in accordance with the provisions of Section 4.3(c) commencing on the Exchange Cap Deadline until the date the Exchange Cap Shares are delivered pursuant hereto.


More Definitions of Exchange Cap Shares

Exchange Cap Shares has the meaning ascribed to it in Section 7.
Exchange Cap Shares shall have the meaning given such term in Section 6(e). “Exempt Issuance” has the meaning set forth in the Purchase Agreement. “Floor Price” means $0.484. “Fundamental Transaction” shall have the meaning set forth in Section 7(d). “Holder” shall have the meaning given such term in Section 2. “Holder’s Optional Triggered Notice” shall have the meaning given such term in Section 9(c). “Installments” shall have the meaning given such term in Section 9(a). “Intellectual Property Rights” means, with respect to the Corporation and its Subsidiaries, all of their rights or licenses to use all trademarks, trade names, service marks, service mark registrations, service names, original works of authorship, patents, patent rights, copyrights, inventions, licenses, approvals, governmental authorizations, trade secrets and other intellectual property rights and all applications and registrations therefor. “Lien” means any lien, pledge, hypothecation, charge, mortgage, security interest, encumbrance, claim, infringement, interference, option, right of first refusal, preemptive right, community property interest or restriction of any nature affecting property, real or personal, tangible or intangible, including any restriction on the voting of any security, any restriction on the transfer of any security or other asset, any restriction on the receipt of any income derived from any asset, any restriction on the use of any asset, any restriction on the possession, exercise or transfer of any other attribute of ownership of any asset, any lease in the nature thereof and any filing of or agreement to give any financing statement under the Uniform Commercial Code (or equivalent statute of any jurisdiction). “Liquidation” shall have the meaning set forth in Section 5.
Exchange Cap Shares shall have the meaning set forth in Section 5(c)(viii).
Exchange Cap Shares as defined in Section 2.16.
Exchange Cap Shares shall have the meaning set forth in Section 13(d).