Buyer Shareholder Approval. (i) Following the execution of this Agreement, Buyer shall take, in accordance with applicable law, applicable rules of NASDAQ and its Certificate of Incorporation and Bylaws, all action necessary to convene a meeting of its shareholders as promptly as practicable (and in any event within forty-five (45) days following the time when the Registration Statement becomes effective, subject to extension with the consent of the Company) to consider and vote upon the approval of this Agreement and the transactions contemplated hereby (including the Merger) and any other matter required to be approved by the shareholders of Buyer in order to consummate the Merger and the transactions contemplated hereby (including any adjournment or postponement thereof, the “Buyer Meeting”).
Buyer Shareholder Approval. The approval of a majority of the shares of Buyer Common Stock outstanding as of the Buyer Record Date in favor of the adoption of the Agreement, the approval of the Merger and the approval of the issuance of Buyer Common Stock in the Merger shall have been obtained at the Buyer Special Meeting or any adjournment or postponement thereof.
Buyer Shareholder Approval. The Buyer Shareholder Approval shall have been obtained.
Buyer Shareholder Approval. Following the date of this Agreement, Buyer, through its Board of Directors, shall, in accordance with applicable Law (including Swedish Law) and the Organizational Documents of Buyer, establish a record date for, duly call, give notice of, convene and hold the Buyer Shareholder Meeting and use commercially reasonable efforts to obtain the Buyer Shareholder Approval as soon as practicable. Buyer will use its commercially reasonable efforts to provide the notice and invitation to the Buyer Shareholder Meeting and the Buyer Shareholder Approval to Seller for Seller’s review and comment. Buyer shall actively solicit and recommend to its shareholders that they vote in favor of the Buyer Shareholder Approval. As part of the Buyer Shareholder Approval, the shareholders of the Buyer shall inter alia (i) authorize the Board of Directors to issue the Buyer Stock Closing Consideration under this Agreement; and (ii) amend the Articles of Associations of the Buyer, entailing inter alia that the limits for share capital of the Buyer are increased from not less than SEK 43,750,000 and not more than SEK 175,000,000 to not less than SEK 150,000,000 and not more than SEK 600,000,000 and the limits for the number of shares are increased from not less than 43,750,000 and not more than 175,000,000 to not less than SEK 150,000,000 and not more than SEK 600,000,000.
Buyer Shareholder Approval. Prior to the Early Funding Date, Buyer shall obtain the approval of its shareholders to the extent required to issue the XO Common Stock (the "SHAREHOLDER APPROVAL"). Buyer shall give prompt written notification to Sellers when the Shareholder Approval is obtained. 57
Buyer Shareholder Approval. Following the execution of this Agreement, Buyer shall take all action necessary to convene a meeting of its shareholders (including any adjournment or postponement thereof, the “Buyer Meeting”) as promptly as practicable (and in any event within 45 days following the time when the Registration Statement becomes effective), to consider and vote upon the issuance of the Stock Consideration pursuant to the Merger as required by NASDAQ (the “Stock Issuance”).
Buyer Shareholder Approval. Buyer shall have received the consent, approval and authorization of at least seventy-five percent (75%) of its shareholders present in person or by proxy at an extraordinary general meeting of its shareholders to the Financing and the issuance of Buyer Ordinary Shares under the Secured Convertible Note (the "Buyer Shareholder Approval");
Buyer Shareholder Approval. This Agreement and the Merger (including, but not limited to, the granting of preemptive rights to Surviving Corporation’s common and preferred shareholders per the Certificate of Amendment and the granting of “piggy-back” registration rights per the Piggyback Registration Rights Agreement) will have been duly authorized and approved by Buyer’s shareholders.
Buyer Shareholder Approval. Buyer shall, at each of the annual general meetings of its shareholders held during the Earn Out Period seek approval of its shareholders pursuant to Listing Rule 7 for any issuances of Shares or Options (a) made pursuant to this Agreement prior to the relevant meeting and not otherwise approved by shareholders, and (b) to be made pursuant to this Agreement in the 3 months following the relevant meeting. Notwithstanding any other provision of this Agreement (including without limitation Section 2.5 and this Section 2.6), Buyer shall not be obliged to issue Shares or Options to Seller pursuant to this Agreement at any time that such issuance would be contrary to any Applicable Law including without limitation the Listing Rules, and any issuance that Buyer would otherwise be obliged to make under this Agreement shall instead be deferred until such time as the issuance is approved by shareholders in accordance with this Section 2.6(k) or 2.62.6
Buyer Shareholder Approval. Buyer shall have obtained the approval of its shareholders with respect to the execution, delivery and performance of this Agreement and the consummation of all transactions contemplated hereby, and holders of 20% or more the Buyer’s common stock shall not have exercised the right to convert their shares of common stock into a pro rata share of the aggregate amount then on deposit in the Trust Fund pursuant to the terms set forth in the Buyer’s Fourth Amended and Restated Certificate of Incorporation in effect as of the date of this Agreement (the “Buyer Charter”).
