L▇▇▇▇ Common Stock definition
Examples of L▇▇▇▇ Common Stock in a sentence
Pursuant to the Pledge Agreement, in connection with each Draw, L▇▇▇▇ shall pledge to Victory a number of shares of L▇▇▇▇ common stock, $0.001 par value per share (“Common Stock”) that is equal to quotient of the amount of the Draw, divided by the volume weighted average closing price of L▇▇▇▇ Common Stock over the twenty (20) trading day period prior to the date that the Draw is made.
As collateral for the loans that will be made by Victory to L▇▇▇▇, ▇▇▇▇▇ will pledge to Victory shares of L▇▇▇▇ Common Stock pursuant to a pledge and security agreement in the form of Exhibit A to this Agreement (the “Pledge Agreement”).
All Selling Expenses relating to securities registered by the Holders pursuant to Section 3 will be borne by the Holders of such securities pro rata based on the number of shares of L▇▇▇▇ Common Stock so registered.
Notwithstanding any other provision contained herein, in no event will the aggregate Share Consideration, together with the aggregate amount of any Earn-Out Shares, paid hereunder with respect to the Shares exceed 20% of the total number of shares of L▇▇▇▇ Common Stock outstanding immediately prior to the Effective Time, unless such issuance is approved by the stockholders of L▇▇▇▇ in accordance with the Nasdaq rules.
Unless the context otherwise requires, each reference in this Agreement to shares of L▇▇▇▇ Common Stock includes the associated preferred stock purchase rights (each, a “L▇▇▇▇ Right” and, collectively, the “L▇▇▇▇ Rights”) pursuant to the Rights Agreement dated October 12, 1998, between L▇▇▇▇ and National City Bank, as rights agent.
All L▇▇▇▇ Common Stock upon issuance will have the rights, privileges and preferences set forth in L▇▇▇▇’▇ certificate of incorporation and bylaws for such class of shares.
The L▇▇▇▇ Common Stock to be issued hereunder, when issued and delivered in accordance with the terms of this Agreement, will be duly and validly issued, fully paid and non-assessable, free and clear of all Liens, except for such Liens as may have been created by the Stockholders.
Dissenters’ Rights 31 Section 3.1. Organization and Qualification; Subsidiaries; Investments 31 Section 3.2. Authority Relative to this Agreement 32 Section 3.3. Consents and Approvals; No Violations 32 Section 3.4. No Default 33 Section 3.5. Brokers 33 Section 3.6. Authorization of Issuance of L▇▇▇▇ Common Stock 33 Section 3.7. SEC Filings; Financial Statements 33 Section 3.8. Material Adverse Effect 34 Section 3.9. Litigation 34 Section 3.10.
Notwithstanding any other provision of this Agreement, L▇▇▇▇ may assign each Holder’s obligations under this Section 6 to any underwriter of a public offering of L▇▇▇▇ Common Stock.
The L▇▇▇▇ Common Stock will be issued in compliance with or pursuant to exemptions from applicable federal and state securities laws.