Examples of Notes Shares in a sentence
Xxxxxx acknowledges that the Company has entered into or will enter into at or about the date hereof agreements (each a “Subscription Agreement”) with subscribers to the Company’s Notes, Shares and Warrants (the “Subscribers”).
The Conversion Price may not be adjusted or reduced so that the Conversion Price is lower than the par value of the Shares or, on conversion of Notes, Shares would fall to be issued at a discount to their par value and if the Conversion Price as adjusted based on this Condition 6 is lower than the par value of the Shares, the adjusted Conversion Price shall be equal to the par value of the Shares.
The New Senior Loan Shares and the New Notes Shares shall not be dilutive to the Management Incentive Plan.
The New Senior Loan Shares and the New Notes Shares shall be subject to mutual dilution and shall, together with shares issued under the Management Incentive Plan, dilute the existing Common Stock of the Company.
Such Purchaser acknowledges that the Company has no obligation to register or qualify the Notes, Shares and Warrants for resale except as set forth in the Transaction Documents.
Such Purchaser understands that the Notes, Shares and Warrants must be held indefinitely unless such Notes, Shares and Warrants are registered under the Securities Act or an exemption from registration is available.
The certificate(s) representing the Common Shares or Notes Shares held by any Investor (or then Holder) may be exchanged by such Investor (or such Holder) at any time and from time to time for certificates with different denominations representing an equal aggregate number of Common Shares, as reasonably requested by such Investor (or such Holder) upon surrendering the same.
Such Purchaser understands that to the extent that Rule 144 is not available, such Purchaser will be unable to sell any Notes, Shares and Warrants without either registration under the Securities Act or the existence of another exemption from such registration requirement.
This Subscription Agreement and the rights, interests and obligations hereunder are not transferable or assignable by the Purchaser and the transfer or assignment of the Notes, the Warrants, the Notes Shares or the Warrant Shares, as the case may be, shall be made only in accordance with the respective requirements of this Subscription Agreement, the Notes, the Warrants and all applicable laws.
The Company has the requisite corporate power and authority to enter into and perform this Agreement, the Notes, and the Warrants (collectively the “Transaction Documents”) and to issue and sell the Notes, Shares and Warrants in accordance with the terms hereof.