Final Investment Date definition
Examples of Final Investment Date in a sentence
Any Shares of Common Stock acquired prior to or on the Final Investment Date shall be treated as outstanding Shares for purposes of Sections 4.01 and 4.02.
The Company shall treat any shares of Company Common Stock acquired prior to or on the Final Investment Date as outstanding shares of Company Common Stock for purposes of Section 2.07(c).
In no event will the aggregate gross proceeds from this Offering exceed $4,000,000 or continue beyond the Final Investment Date, unless the consent of the Purchasers is obtained.
Delivery of and payment for the Shares of Common Stock and Warrants to be sold to additional investors will be made on one or more Subsequent Closing Dates at such place and date as may be mutually agreeable to the Company and each Purchaser, but no later than the Final Investment Date.
Any shares of Company Common Stock acquired prior to or on the Final Investment Date shall be treated as outstanding shares of Company Common Stock for purposes of Section 2.9.
Any shares of Company Common Stock acquired prior to or on the Final Investment Date shall, if not validly tendered in the Offer, be treated as outstanding shares of Company Common Stock for purposes of Section 3.9. Following the date hereof, the Company shall take no action pursuant to the terms of the Company ESPP to commence any new purchase or offering periods.
The Company shall treat any shares of Company Common Stock acquired prior to or on the Final Investment Date as outstanding shares of Company Common Stock for purposes of Section 2.01.
In addition to the conditions set forth in Section 7 of the Purchase Agreement, the obligation of each Purchaser to purchase the Preferred Stock and Warrants on the Final Investment Date is subject to the Company’s execution and delivery of the Amendment No. 1 to the Registration Rights Agreement, in the form attached hereto as Exhibit A.
Directly or indirectly, declare or pay any dividends or make any distribution of any kind on its outstanding capital stock (currently existing or as may be authorized or issued within two years after the Final Investment Date) or any other similar payment to any of its stockholders or its Affiliates without first obtaining the consent of each holder of Registrable Securities who owns more than ten percent of the Fully Diluted Common Stock at the time of the proposed dividend or distribution.
If the execution of this agreement has not occurred by the Final Investment Date then this Agreement shall terminate and no Party hereto shall have any rights or obligations hereunder.