Examples of Nasdaq Shareholder Approval in a sentence
Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the date that Nasdaq Shareholder Approval is obtained and deemed effective and on or before the Termination Date by delivery to the Company of a duly executed facsimile copy or PDF copy submitted by e-mail (or e-mail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”).
Notwithstanding anything herein to the contrary, in the event that the Reverse Stock Split is approved but not Nasdaq Shareholder Approval, upon receipt of Nasdaq Shareholder Approval an additional Measurement Period shall occur and the Exercise Price shall be reduced again (and number of Warrant Shares issuable hereunder shall be increased again) provided that the Trigger Date for such Measurement Period shall mean the dated that Nasdaq Shareholder Approval is obtained.
In the vast majority of PIPE transactions and registered direct offerings, the Nasdaq Shareholder Approval Rules have proven to be of high immediate relevance.Interestingly enough, the key components of the registered direct offering format have been incorporated into what are now referred to either as confidentially marketed public offerings, or wall crossed public offerings.
TDA hereby agrees and covenants to the Purchaser that it will (i) support any Company action to call for a stockholder vote on the Nasdaq Shareholder Approval Proposals as soon as practicable following the date hereof, and (ii) vote all of the shares of Common Stock beneficially owned by TDA ("TDA Shares") in favor of the Nasdaq Shareholder Approval Proposals.
Until Nasdaq Shareholder Approval has been obtained and deemed effective, each Holder shall be entitled to convert its Debenture only to the extent the total number of shares of Common Stock issuable to the Holder upon conversion of such Debenture does not exceed the Holder’s pro rata share of 19.99% of the number of issued and outstanding shares of Common Stock on the Closing Date.
If any such issuance or exercise would require shareholder approval under the Nasdaq Shareholder Approval Rule, the Company shall use its best efforts to obtain such shareholder approval as promptly as practicable and, in connection therewith, shall promptly call a special meeting of its shareholders for the purpose of obtaining such approval.
The Company hereby agrees and covenants to the Purchaser that it will seek a vote of the stockholders of the Company to approve the Nasdaq Shareholder Approval Proposals as soon as practicable following the filing of the Company's Form 10-Q for the quarter ended March 31, 2003.
Notwithstanding anything herein to the contrary, in the event that the Reverse Stock Split is approved but not Nasdaq Shareholder Approval, upon receipt of Nasdaq Shareholder Approval an additional Measurement Period shall occur and the Exercise Price shall be reduced again (and number of Warrant Shares issuable hereunder shall be increased again) provided that the Trigger Date for such Measurement Period shall mean the date that Nasdaq Shareholder Approval is obtained.
Within 21 days after receipt of the Nasdaq Shareholder Approval, the Nasdaq Capital Market shall have approved for listing upon issuance all shares of the Company’s Common Stock issuable upon conversion of the Debentures to be sold pursuant to this Agreement.