Examples of Qualified Subsequent Financing in a sentence
Within ninety (90) days following any Qualified Subsequent Financing (as defined below), the Majority Purchasers (in their sole discretion) may elect to purchase, and upon such election, the Company shall issue and sell to the Purchasers, and the Purchasers shall purchase (on a pro rata basis based on the number of shares of Series A Preferred Stock then held by such Purchasers), up to 7,142,857 shares of Series A Preferred Stock at a price equal to $1.40 per share.
Upon consummation of a Qualified Subsequent Financing, the outstanding principal amount of this Note plus all accrued but unpaid interest thereon and any other payment due hereunder, shall automatically, without any further action required by the Holder, be converted into shares of a class of the Company’s, yet-to-be-issued senior convertible preferred stock, in a form reasonably acceptable to the Holder, at the Conversion Price.
Notwithstanding anything to the contrary in this Paragraph 2, in addition to, and without limiting any other rights hereunder and under the other Transaction Documents, the Holder may elect, by written notice to the Company at any time following the date of delivery of the Qualified Subsequent Financing Notice through the date of actual payment in full in cash of the Mandatory Redemption Amount, to rescind such Mandatory Redemption.
The shares of Common Stock issued to the Lender upon the conversion of this Note shall have piggy-back registration rights as provided in the Securities Purchase Agreement, dated an even date herewith, between the Lender and the Borrower in the event the Borrower closes upon a Qualified Subsequent Financing.
Except as expressly set forth herein, the conversion price in effect on any Conversion Date shall be equal to the lower of (a) $0.0625 or (b) the price of the securities issued in a Qualified Subsequent Financing completed within the one (1) year anniversary of the Current Issue Date, subject to adjustment herein; provided, however, in no event shall the Conversion Price be greater than $0.25 (the “Conversion Price”).