Examples of Investor Common Shares in a sentence
Upon the terms and subject to the conditions of this Agreement, during the Commitment Period, the Investor, at its sole discretion, shall have the right, but not the obligation, to purchase from the Company, and the Company shall issue and sell to the Investor, Common Shares by the delivery to the Company of Purchase Notices as provided herein.
Upon the terms and subject to the conditions of this Agreement, during the Commitment Period, the Investor, at its sole discretion, shall have the right, but not the obligation (except to the extent required by Section 3.01(a)(iv) hereof), to purchase from the Company, and the Company shall issue and sell to the Investor, Common Shares by the delivery to the Company of Purchase Notices as provided herein.
The Investor Common Shares shall be authorized -------------- for listing on the Nasdaq Stock Market, subject to notice of issuance.
Xcelera has been advised that SEC Rule 144 promulgated -------- under the Securities Act, which permits certain limited sales of unregistered securities in specified circumstances, requires that the Investor Common Shares be held for a minimum of one year (and in some cases longer) after they have been purchased and paid for (within the meaning of Rule 144) before they may be resold under Rule 144.
However, the Investor may sell or transfer the Investor Common Shares, the Warrant, any Class B Common Stock issued upon exercise of the Warrant or any Common Stock issued upon conversion thereof to any Affiliate (as defined below) of the Investor during such one year period or any third party thereafter, provided that such Affiliate or third party, as the case may be, agrees in writing to be bound by the obligations of this Agreement.
The Investor Common Shares and the ------------------------- Warrant, when issued and sold to the Investors as provided herein, and the Class B Common Stock issuable upon exercise of the Warrant when issued pursuant to the terms thereof and the Common Stock issuable upon conversion of such Class B Common Stock when issued pursuant to the Second Amended and Restated Certificate of Incorporation of the Company will be duly and validly issued, fully paid and nonassessable.
The Investor shall have ---------------------------------- purchased the Investor Common Shares.
A B Schedule of Investors Plan of Distribution Investor Common Shares Purchase Price Xxxxxx Xxxxxxx LLC 261,261 4,365,671.31 Wynnefield Capital Management LLC 64,000 1,069,440.00 LBI Group, Inc.
The Company shall have obtained ------------------------- all necessary permits and qualifications, if any, required by any state or country or secured an exemption therefrom, for the issuance of the Warrant and sale of the Investor Common Shares.
A copy of the resolutions of the Board of ----------------- Directors and, if required, the stockholders of the Investor evidencing the approval of this Agreement, the Investors' Rights Agreement, the Co-Sale Agreement, the Registration Rights Agreement, the Letter Agreement and the Voting Agreement, the issuance of the Investor Common Shares and the other matters contemplated hereby, certified by the Secretary of the Investor to be true, complete and correct.