Examples of Subsequent Placements in a sentence
No later than six (6) months after the Issuance Date, the Company shall have completed one or more Subsequent Placements (as defined in the Securities Purchase Agreement) for an aggregate offering price of at least $30,000,000.00.
At the time of each Subsequent Placement, the Holder would have the option of either (a) retaining all or a portion of the Note or one of the Subsequent Placements into which the Holder previously exchanged into, or (b) exchanging all or a portion of the Note or such Subsequent Placement into which the Holder previously exchanged into, into the next Subsequent Placement.
The Investor hereby waives its rights to consent or notification rights under Section 6.1 of the Modification and Exchange Agreement and its rights to consent or notification rights for Subsequent Placements (as defined in the Modification and Exchange Agreement) under Section 6.2 of the Modification and Exchange Agreement, solely in connection with the Offering.
The holders of the Series K notes have a limited right of participation in this offering as described below: Subsequent Placements --------------------- From the Effective Date and for so long as the Notes are outstanding, the Company will not, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4.6(b).
Notwithstanding the foregoing, each Investor’s rights to participate in Subsequent Placements pursuant to this Section 6 shall expire when such Investor’s Warrants are no longer outstanding and have either been exercised or have expired.
So long as the Notes are outstanding, the Company shall not, directly or indirectly, effect any (i) Subsequent Placement (as hereinafter defined) or series of Subsequent Placements whether or not related, or (ii) a Bridge Financing (as hereinafter defined), unless the Company shall have first complied with this Section 4(m).
From the date hereof through the first anniversary of the Closing Date, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement (or series of Subsequent Placements) with aggregate gross proceeds of at least $1,000,000 unless the Company shall have first complied with this Section 4(o).
The Waiver Agreement provides that the Company may file this registration statement on Form S-3, and may further file registration statements and undertake Subsequent Placements at any time following the close of business on March 1, 2021, subject to the Major Holders’ participation rights.
For purposes of clarification, the provisions of this Section 4.18 are to apply to any Subsequent Placement, including multiple Subsequent Placements, whether related or unrelated, during the period covered hereby.
In addition to the foregoing, the right of the Clal and the Additional Investors under all provisions of this Section 4(n) other than Section 4(n)(i)(A) shall not apply to Subsequent Placements at a price that is at least equal to the Purchase Price per share hereunder.