Examples of Series M Warrants in a sentence
Pursuant to Section 4.1 of the Securities Purchase Agreement, dated as of February 7, 2017, by and among the Company and the investors party thereto, the Company has agreed to use its best efforts to keep a registration statement effective registering the issuance or resale of the shares of Common Stock issuable upon exercise of the Company’s Series M Warrants, during the term of the Series M Warrants.
In such situation the Company’s obligation to register the Registrable Warrant Shares shall be deferred only until the time when the Company’s obligation to register shares of its common stock owned or that could be acquired by Xxxx Capital and by the holders of such Series A Convertible Preferred Stock and such Series M Warrants upon conversion or exercise of such Ortec securities, would no longer be affected by the registration of the Registrable Warrant Shares.
The initial number of shares of Common Stock reserved for exercise of this Warrant and the other Series M Warrants and each increase in the number of shares so reserved shall be allocated pro rata among the Holder and the holders of the other Series M Warrants, based on the number of shares of Common Stock issuable upon exercise of this Warrant (without regard to any limitations in exercise) issued to the Holder on the Issuance Date (the “Authorized Share Allocation”).
This Certificate of Designation shall be deemed to be jointly drafted by the Company and all initial purchasers of the Series A Convertible Preferred Stock and Series M Warrants of the Company which is exercisable into Series D-2 Preferred Stock and shall not be construed against any person as the drafter hereof.
Any shares of Common Stock reserved and allocated to any Person which ceases to hold any Series M Warrants shall be allocated to the Holder and the remaining holders of Series M Warrants, pro rata based on the shares of Common Stock issuable upon exercise of the Series M Warrants then held by such holders (without regard to any limitations on the exercise of the Series M Warrants).
Upon exercise in accordance with the terms of the Series M Warrants, the Series M Warrant Shares, when issued, will be validly issued, fully paid and nonassessable and free from all preemptive or similar rights or Liens with respect to the issue thereof, with the holders being entitled to all rights accorded to a holder of Common Stock.
Without limiting the preceding sentences, no ink-original Exercise Notice shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Exercise Notice form be required in order to exercise any portion of any of the Series M Warrants.
The Company shall honor exercises of the Series M Warrants and shall deliver the applicable number of Series M Warrant Shares in accordance with the terms, conditions and time periods set forth in the Series M Warrants.
So long as the Buyer beneficially owns any Securities, the Company will not, without the prior written consent of the Buyer (which may be granted or withheld in the Buyer’s sole discretion), issue any other securities that would cause a breach or default under any of the Series M Warrants.
The Buyer shall have delivered to the Company the Purchase Price for the Common Shares and the Series M Warrants being purchased by the Buyer at the Closing by wire transfer of immediately available funds in accordance with the Flow of Funds Letter.