Additional Share Issuance. The Company shall have taken all steps necessary to instruct its transfer agent to issue a share certificate to the Investor representing the Additional Shares issued at Closing;
Additional Share Issuance. If at any time Counterparty shall be required to pay any amount in cash to Credit Suisse pursuant to any provision hereunder or under the Agreement (other than pursuant to Section 12.7 or 12.9 of the 2002 Definitions or Section 6(d)(ii) of the Agreement), Counterparty may, upon prior written notice to Credit Suisse, in lieu of making such cash payment to Credit Suisse, issue a number of Shares (“Additional Shares”) with an aggregate value, as determined by the Calculation Agent based on the closing price of the Shares on the Exchange on the immediately preceding Exchange Business Day, equal to the amount of such cash payment plus the aggregate par value of the Additional Shares, in return for a payment of such aggregate par value. The parties acknowledge that any Additional Shares so issued will not be registered for resale under applicable securities laws, and as a result the value thereof so determined by the Calculation Agent will reflect a commercially reasonable illiquidity discount. If, after using commercially reasonable efforts, Credit Suisse cannot sell the Additional Shares so received from Counterparty so as to generate proceeds to Credit Suisse in an amount equal to the amount of the cash payment otherwise owed by Counterparty, Counterparty shall, upon request, issue Additional Shares to Credit Suisse from time to time, in return for a payment of the aggregate par value of such Shares, until such time as the aggregate proceeds from sales effected by Credit Suisse in a commercially reasonable manner of all Additional Shares equals the amount of such cash payment, plus such aggregate par value. Credit Suisse agrees that upon so generating an aggregate amount in proceeds from sales of Additional Shares equal to the amount of such cash payment, plus such aggregate par value, Credit Suisse shall promptly pay to Counterparty any amount of such proceeds in excess of such amount, and tender for repurchase for cancellation to Counterparty any unsold Additional Shares in return for a payment of USD0.01.
Additional Share Issuance. ..10 SECTION 3.02. MARKET FAILURE SHARE ISSUANCE.............................11 SECTION 3.03. OPEN MARKET PURCHASE......................................13
Additional Share Issuance. ............................. 3.01 Agreement................................................. Preamble Antitrust Law............................................. 7.01
Additional Share Issuance. (a) Subject to the conditions set forth in Section 3.01(d), if the number of shares that Acquisition Sub accepts for payment is less than the Maximum Number, the Company shall issue and sell to Acquisition Sub, and Acquisition Sub shall purchase from the Company for cash, a number of shares equal to the difference between (i) the Maximum Number, and (ii) the number of Shares accepted for payment by Acquisition Sub in the Offer (the "ADDITIONAL ISSUED SHARES"), at a price per Share equal to the Offer Price, net to the Company in cash (the "ADDITIONAL SHARE ISSUANCE").
Additional Share Issuance. In the event the Warrant Exercise Price for any ASYM Warrant issued in connection with a loan from ASYM is less than the Conversion Price , the Company will issue to Secured Party additional shares of Common Stock in an amount equal to (“Adjustment Shares”): [(Total Debt Amount/Warrant Exercise Price) less (Total Debt Amount/Conversion Price)] minus any Adjustment Shares previously issued to Secured Party hereunder. By way of example only, If the Warrant Exercise Price is $0.20 in connection with the first loan from ASYM and the Total Debt Amount of $1,000,000, then the Adjustment Shares will equal: [($1,000,000/$0.20) - ($1,000,000/$0.25)] - 0 = 1,000,000 shares. If the Warrant Exercise Price is $0.15 in connection with the second loan from ASYM, then the Adjustment Shares will equal: [($1,000,000/$0.15) - ($1,000,000/$0.25)] - 1,000,000 = 1,666,667 shares. If the Warrant Exercise Price is $0.20 in connection with the third loan from ASYM, then the Adjustment Shares will equal: [($1,000,000/$0.20) - ($1,000,000/$0.25)] - 2,666,667 = 0 shares.
Additional Share Issuance. The parties further acknowledge and agree that in further addition to the GTC Shares and the shares held by the present GTC Shareholders, additional shares will be issued by GTC pursuant to the financing requirements of GTC (the "Additional Shares"). Accordingly, the percentage share ownership of the parties will be diluted on a pro-rata basis.
Additional Share Issuance. An additional 75,000 shares of restricted common stock will be issued to the Optionor upon the acceptance of the Definitive Purchase Agreement. These shares will be subject to the same sale limitations as discussed in Section 7 above.
Additional Share Issuance. The Company agrees that upon issuance of the Shares the Investor shall own at least 55% of the issued and outstanding common stock of the Company as of the Closing. Subject to the terms and conditions of this Section 6, the Investor shall be entitled to receive additional shares common stock as follows:
Additional Share Issuance. CASE I ASSUME: a. Distributed Shares 1,000,000
