Additional Purchases of Common Stock Sample Clauses

Additional Purchases of Common Stock. Nothing in this Agreement or any of the Documents shall restrict the Purchaser from acquiring additional shares of Common Stock whether through open market purchases or otherwise.
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Additional Purchases of Common Stock. Sections 6.6A and 6.6B shall be deleted in their entirety and replaced with the following:
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Additional Purchases of Common Stock. In the event the Company and the Investors mutually determine that the Company shall sell less than all of the Series B Notes or the Series B Transaction is not approved by the Company's shareholders at the Special Meeting, the Investors may acquire additional shares of Common Stock in open-market purchases or otherwise ("Permitted Acquisitions") provided that (i) the Permitted Acquisitions are made no later than six months after such determination or the Special Meeting, (ii) the number of shares of Common Stock acquired pursuant to this Section 6.6 shall not exceed the product of (a) 15,000,000 (subject to appropriate adjustment for any stock split or similar event) multiplied by (b) one minus the quotient of the aggregate Principal Amount at Final Maturity of Series B Notes sold to the Investors divided by $266,389,621, (iii) the aggregate consideration for such Permitted Acquisitions does not exceed the difference between $100,000,000 and the original issue discount value of the aggregate principal amount of the Series B Notes sold by the Company to the Investors and (iv) the Maximum Amount shall not exceed that number of shares which is equal to 46% of the sum of the then outstanding Common Stock plus the number of shares issuable upon conversion of the issued and outstanding Notes.
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Additional Purchases of Common Stock. For purposes of Section 4.3 of Article 4 of the Company’s Amended and Restated Certificate of Incorporation (as amended by that certain Certificate of Amendment to Amended and Restated Certificate of Incorporation filed with the Secretary of State of the State of Delaware on June 4, 2009, the “Certificate of Incorporation”), the Board has approved the Acquisition by the Investor of the Shares and up to 1,000,000 shares of Common Stock (as adjusted for stock splits, stock dividends and the like occurring after the date of this Agreement) upon exercise of the Warrant. In addition, so long as the Investor Representative is a member of the Board, if the Investor delivers a Request to Acquire additional shares of Common Stock, the Board (or a committee of the Board which has been delegated the Board’s duties and powers under Article 4) will promptly, in accordance with Section 4.3 of Article 4 of the Certificate of Incorporation, authorize such proposed Acquisition, provided that the number of shares of Common Stock that the Investor proposes to Acquire does not, together with the number of shares of Common Stock beneficially owned by the Investor as of the date of the Request (including the maximum number of shares then issuable on exercise of the Warrant whether held by the Investor or transferred by the Investor to its Affiliates and CIG employees in accordance with this Agreement), exceed the Maximum Ownership Level (as hereinafter defined). The term “Maximum Ownership Level” means the number of shares that is equal to 10% of the sum of the number of shares of Common Stock outstanding as of the date of any such proposed Acquisition plus the maximum number of shares issuable upon exercise of the Warrant (in each case as adjusted for stock splits, stock dividends and the like occurring after the date of this Agreement); provided, however, to the extent the Maximum Ownership Level
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Additional Purchases of Common Stock. 20 DEFINITIONS AND ACCOUNTING TERMS
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Additional Purchases of Common Stock. The Purchasers covenant and agree that they shall not acquire more than an aggregate of three hundred thousand shares of Common Stock (including the Shares) or other equity securities of the Company (such number to be appropriately adjusted for stock splits, stock dividends and the like) from the Company or from other stockholders of the Company without the prior approval of the Board of Directors. This section 6.04 shall terminate automatically upon the closing of the Company's initial registered public offering under the Securities Act.
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Additional Purchases of Common Stock. The Purchasers covenant and agree that they shall not acquire any additional shares of Common Stock or other equity securities of the Company (other than shares acquired by way of stock splits, stock dividends and the like) from the Company or from other stockholders of the Company without the prior approval of the Board of Directors. This Section 6.4 shall terminate automatically upon the closing of a Qualified Public Offering.
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Additional Purchases of Common Stock. Nothing in this Agreement or any of the Documents shall
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Additional Purchases of Common Stock 
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Related to Additional Purchases of Common Stock

  • Certain Repurchases of Common Stock In case the Company effects a Pro Rata Repurchase of Common Stock, then the Exercise Price shall be reduced to the price determined by multiplying the Exercise Price in effect immediately prior to the Effective Date of such Pro Rata Repurchase by a fraction of which the numerator shall be (i) the product of (x) the number of shares of Common Stock outstanding immediately before such Pro Rata Repurchase and (y) the Average Market Price of a share of Common Stock determined as of the date of the first public announcement by the Company or any of its Affiliates of the intent to effect such Pro Rata Repurchase, minus (ii) the aggregate purchase price of the Pro Rata Repurchase, and of which the denominator shall be the product of (i) the number of shares of Common Stock outstanding immediately prior to such Pro Rata Repurchase minus the number of shares of Common Stock so repurchased and (ii) the Average Market Price per share of Common Stock determined as of the date of the first public announcement by the Company or any of its Affiliates of the intent to effect such Pro Rata Repurchase. In such event, the number of shares of Common Stock issuable upon the exercise of this Warrant shall be increased to the number obtained by dividing (x) the product of (1) the number of Warrant Shares issuable upon the exercise of this Warrant before such adjustment, and (2) the Exercise Price in effect immediately prior to the Pro Rata Repurchase giving rise to this adjustment by (y) the new Exercise Price determined in accordance with the immediately preceding sentence. For the avoidance of doubt, no increase to the Exercise Price or decrease in the number of Warrant Shares issuable upon exercise of this Warrant shall be made pursuant to this Section 13(D).

  • Purchase of Common Shares The Purchaser shall have accepted for payment and paid for Common Shares in an amount sufficient to meet the Minimum Condition and otherwise pursuant to the Offer in accordance with the terms hereof.

  • Issuance of Additional Shares of Common Stock (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

  • PURCHASE OF COMMON STOCK Subject to the terms and conditions set forth in this Agreement, the Company has the right to sell to the Investor, and the Investor has the obligation to purchase from the Company, Purchase Shares as follows:

  • Adjustments for Issuance of Additional Shares of Common Stock In the event the Maker, shall, at any time, from time to time, issue or sell any additional shares of common stock (otherwise than as provided in the foregoing subsections (i) through (v) of this Section 3.5(a) or pursuant to Common Stock Equivalents (hereafter defined) granted or issued prior to the Issuance Date) (“Additional Shares of Common Stock”), at a price per share less than the Conversion Price then in effect or without consideration, then the Conversion Price upon each such issuance shall be reduced to a price equal to the consideration per share paid for such Additional Shares of Common Stock.

  • Purchase of Shares of Common Stock Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement Rate" is equal to:

  • Deemed Issue of Additional Shares of Common Stock (a) If the Corporation at any time or from time to time after the Series A-2 Original Issue Date shall issue any Options or Convertible Securities (excluding Options or Convertible Securities which are themselves Exempted Securities) or shall fix a record date for the determination of holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares of Common Stock (as set forth in the instrument relating thereto, assuming the satisfaction of any conditions to exercisability, convertibility or exchangeability but without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date.

  • Commencement of Purchases of Common Stock After the Commencement Date (as defined below), the purchase and sale of Purchase Shares hereunder shall occur from time to time upon written notices by the Company to the Buyer on the terms and conditions as set forth herein following the satisfaction of the conditions (the “Commencement”) as set forth in Sections 6 and 7 below (the date of satisfaction of such conditions, the “Commencement Date”).

  • Shares of Common Stock The Company shall have duly reserved the number of Underlying Shares required by this Agreement and the Transaction Documents to be reserved upon the exercise of the Warrants or the conversion of the shares of Preferred Stock acquired by the Purchaser on the First Closing Date;

  • Sale and Purchase of Common Stock 1.1. Subject to the conditions hereof, the Company hereby agrees to issue and sell to Subscriber, and Subscriber hereby agrees to subscribe for and purchase from the Company, for investment, on the Closing Date (as defined below), the number of shares of Common Stock set forth next to Subscriber’s name on Schedule I hereto (the “Shares”) at a purchase price equal to the price per share to the public in the Public Offering, less the underwriting discounts and commission payable to the underwriters in the Public Offering (the “Purchase Price”).

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