Note Shares definition

Note Shares means the shares of Common Stock issuable upon conversion of the Notes.

Note Shares has the meaning given such term in Section 12(a).

Note Shares means the shares of Common Stock issuable upon conversion of a Note, including any outstanding principal and accrued interest.

Examples of Note Shares in a sentence

• For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date, regardless of whether any Fixed Purchases, VWAP Purchases, or Additional VWAP Purchases are effected hereunder and regardless of any subsequent termination of this Agreement.

• For the avoidance of doubt, all Shares and Note Shares to be issued from and after Commencement to or for the benefit of the Investor pursuant to this Agreement shall be issued to the Investor or its designee only as DWAC Shares.

• The Note Shares to be issued under this Agreement have been, or with respect to Shares to be purchased by the Investor pursuant to a particular Fixed Purchase Notice, a particular VWAP Purchase Notice or a particular Additional VWAP Purchase Notice, will be, prior to the delivery to the Investor hereunder of such Note Shares or Fixed Purchase Notice, VWAP Purchase Notice, Additional VWAP Purchase Notice, respectively, duly authorized by all necessary corporate action on the part of the Company.

• For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date regardless of whether any Fixed Purchases, VWAP Purchases or Additional VWAP Purchases are made hereunder or any subsequent termination of this Agreement.

• As of the date of this Agreement the Company has reserved, and as of the Commencement Date shall have continued to reserve, out of its authorized and unissued Common Stock, 34,790,000 shares of Common Stock solely for the purpose of effecting Fixed Purchases, VWAP Purchases and Additional VWAP Purchases under this Agreement, and 210,000 shares of Common Stock solely for the purpose of issuing the Note Shares pursuant to the Commitment Note.

More Definitions of Note Shares

Note Shares has the meaning set forth in the Recitals.

Note Shares means the shares of Common Stock issuable upon the conversion of the Notes.

Note Shares has the meaning set forth in Section 4.5(a) of this Agreement;

Note Shares means the shares of Common Stock issuable upon conversion of the Notes, including any shares of Common Stock issued in payment of interest thereunder.

Note Shares means the 1,600,000 shares of the Company's Series B Convertible Preferred Stock, $.01 par value per share, issued pursuant to the Conversion Agreement.

Note Shares has the meaning set forth in Section 3.1(w).

Note Shares means shares of the Company’s Common Stock that may be issued to Lenders upon conversion of the Notes issued pursuant to the Purchase Agreement.