Nasdaq Stockholder Approval means the receipt by the Borrower of requisite approval from its stockholders to issue more than 19.9% of its outstanding shares of Common Stock at an issue price below the “minimum price” in payment of interest, amortization and settlement of conversions of the Notes in accordance with Nasdaq Stock Market Rule 5635.
Nasdaq Stockholder Approval means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the stockholders of the Company with respect to the issuance of the Common Warrants and the Common Warrant Shares upon exercise thereof.
Nasdaq Stockholder Approval means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the stockholders of the Corporation with respect to the transactions contemplated by the Transaction Documents, including the issuance of all of the Underlying Shares in excess of 19.99% of the issued and outstanding Common Stock on the Issuance Date without regard to any restrictions or limitations set forth under this Certificate of Designation.
Examples of Nasdaq Stockholder Approval in a sentence
Other than the Nasdaq Stockholder Approval and receipt by the Company of requisite approval from its stockholders of the Authorized Share Amendment (together, the “Requisite Stockholder Approvals”), no further approval or authorization of any stockholder, the Board of Directors or other person is required for the issuance of the Notes or the Conversion Shares.
More Definitions of Nasdaq Stockholder Approval
Nasdaq Stockholder Approval means stockholder approval required by NASDAQ in connection with the transactions contemplated by the Transaction Documents (as defined herein) and the Certificate of Designation (including, without limitation, the issuance or potential issuance of a number of shares of Common Stock which is greater than or equal to 20% of the number of shares outstanding on the date of this Agreement and/or any potential change of control (as currently defined under the rules and regulations of NASDAQ)).
Nasdaq Stockholder Approval shall have the meaning ascribed to such term in Section 4.18.
Nasdaq Stockholder Approval means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the stockholders of the Corporation with respect to the issuance of shares of Common Stock upon conversion of the Series B-2 Preferred Stock and the Series B-1 Preferred Stock in excess of 19.99% of the issued and outstanding Common Stock on the Original Issue Date without regard to any restrictions or limitations set forth under this Certificate of Designation or the Series B-1 Certificate of Designation.
Nasdaq Stockholder Approval means such approval as may be required by the applicable rules and regulations of The Nasdaq Stock Market (or any successor entity) from the stockholders of the Corporation with respect to the conversion of shares of Series E Preferred Stock and the issuance of the shares of Common Stock issuable upon conversion of the Series E Preferred Stock in excess of the Beneficial Ownership Limitation.
Nasdaq Stockholder Approval means the receipt by the Company of requisite approval from its stockholders in accordance with Nasdaq Stock Market Rule 5635 (i) to issue more than 19.9% of its outstanding shares of Common Stock at an issue price below the “minimum price” in connection with settlement of conversions of the Notes and (ii) to effect any “change of control” under Nasdaq Stock Market Rule 5635 in connection with settlement of conversions of the Notes, and “Authorized Share Amendment” means an amendment to the Company’s Amended and Restated Certificate of Incorporation, increasing the number of authorized shares of Common Stock to an amount that is sufficient, in the Company’s sole judgment, to settle the conversion of all then-outstanding Notes at the conversion rate then applicable without giving effect to any Beneficial Ownership Limitation (as defined below).
Nasdaq Stockholder Approval means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the stockholders of the Company with respect to the issuance of (i) shares of Common Stock upon conversion of the Series B-1 Preferred Stock and (ii) shares of Common Stock upon conversion of the Series B-2 Preferred Stock, in the aggregate, in excess of 19.99% of the issued and outstanding Common Stock on the date of this Agreement, in each case ignoring any conversion limits set forth in the Series B-1 Preferred Certificate of Designation and any conversion limits set forth in the Series B-2 Preferred Certificate of Designation, respectively.
Nasdaq Stockholder Approval means the receipt by the Company of requisite approval from its stockholders to issue Interest Shares below the Conversion Price or to issue more than 19.99% of its outstanding shares of Common Stock at an issue price below the Nasdaq Minimum Price.