Convertible Stock. All antidilution rights applicable to the Warrant Stock purchasable under this Warrant Agreement are as set forth in Your Certificate of Incorporation, as amended through the Effective Date. You will promptly provide Us with any restatement, amendment, modification of or waiver of any right related to the Warrant Stock under Your Certificate of Incorporation. You will provide Us with written notice of any issuance of Your stock or other equity security to occur after the Effective Date (other than issuances of stock or equity securities pursuant to customary employee stock plans) that triggers the antidilution rights applicable to the Warrant Stock, which notice shall include (a) the price at which such stock or security was sold, (b) the number of shares issued, and (c) such other information as necessary for Us to determine that a dilutive event has occurred as a result of such issuance.
Convertible Stock. All antidilution rights applicable to the Warrant Stock purchasable under this Warrant Agreement are as set forth in Your Certificate of Incorporation, as amended through the Effective Date. You will promptly provide Us with any restatement, amendment, modification of or waiver of any right under Your Certificate of Incorporation. You will provide Us with any written notices relating to such antidilution rights provided to other holders of the Warrant Stock.
Convertible Stock. All antidilution rights applicable to the Warrant Stock purchasable under this Warrant Agreement are as set forth in Your Certificate of Incorporation, as amended through the Effective Date. You will promptly provide Us with any restatement, amendment, modification of or waiver of any right under Your Certificate of Incorporation. You will provide Us with copies of any notices that You send to Your stockholders with respect to any issuance of Your stock or other equity security to occur after the Effective Date (other than issuances of stock or equity securities pursuant to customary employee stock plans).
Convertible Stock. All Preferred Stock Liquidated Damages with respect to any shares of Preferred Stock that are Registrable Securities, that remain unpaid when such Shares cease to be Registrable Securities or cease to be outstanding, shall remain unpaid obligations of the Company until they have been paid in full.
Convertible Stock. The convertible stock issued to the Advisor will convert to shares of common stock if (1) the Company made total distributions on then outstanding shares of its common stock equal to the issue price of those shares plus a 6% cumulative, non-compounded annual return on the issue price of those outstanding shares, (2) the Company lists its common stock for trading on a national securities exchange if the sum of prior distributions on then outstanding shares of our common stock plus the aggregate market value of its common stock (based on the 30-day average closing price) meets the same 6% performance threshold, or (3) the Advisory Agreement with Xxxxxxx Advisors expires without renewal or is terminated (other than because of a material breach by Advisor), and at the time of such expiration or termination the company is deemed to have met the foregoing 6% performance threshold based on its enterprise value and prior distributions and, at or subsequent to the expiration or termination, the stockholders actually realize such level of performance upon listing or through total distributions. In general, the Company’s convertible stock will convert into shares of common stock with a value equal to 15% of the excess of the Company’s Enterprise Value plus the aggregate value of distributions paid to date on then outstanding shares of its common stock over the aggregate issue price of those outstanding shares plus a 6% cumulative, non-compounded, annual return on the issue price of those outstanding shares. With respect to conversion in connection with the termination of the Advisory Agreement, this calculation is made at the time of termination even though the actual conversion may occur later or not at all. The value of the Common Shares into which the convertible stock may be converted shall not exceed the amount specified in Section 9.9 of the Company’s Articles of Incorporation.
Convertible Stock. All antidilution rights applicable to the Warrant Stock purchasable under this Warrant Agreement are as set forth in Your Certificate of Incorporation, as amended through the Effective Date. You will use commercially reasonable efforts to promptly provide Us with any restatement, amendment, modification of or waiver of any right under Your Certificate of Incorporation provided, that if with commercially reasonable efforts You cannot promptly provide Us with such documents, You shall provide them within ten (10) days of Our request. You will also use commercially reasonable efforts to provide Us with copies of any notices that You send to holders of the Warrant Stock with respect to any issuance of Your stock or other equity security to occur after the Effective Date (other than issuances of stock or equity securities pursuant to customary employee stock plans) , provided, that if with commercially reasonable efforts You cannot promptly provide Us with such notices, You shall provide them within ten (10) days of Our request. Notwithstanding any term or condition contained in this Warrant Agreement, the Loan Agreement to the contrary, Your failure to comply with this paragraph shall not constitute an Event of Default unless You have not provided the information requested within ten (10) days of such request.
Convertible Stock. All antidilution rights applicable to the Warrant Stock purchasable under this Warrant Agreement are as set forth in Your Certificate of Incorporation, as amended through the Effective Date. You will promptly provide Us with any restatement, amendment, modification of or waiver of any anti-dilution right of the Warrant Shares under Your Certificate of Incorporation. You will provide Us with notices of any issuance of Your stock to the extent You provide notice to holders of the Warrant Stock. Notwithstanding the foregoing, Your failure to comply with the provisions in this paragraph shall not be deemed to be a breach, provided You have provided such information to Us within ten (10) business days of Our written request.
Convertible Stock. All antidilution rights applicable to the Warrant Stock purchasable under this Warrant Agreement are as set forth in Your Certificate of Incorporation, as amended through the Effective Date. You will promptly provide Us with any restatement, amendment, modification of or waiver of any right under Your Certificate of Incorporation to the extent that You provide the same to all other holders of the Warrant Stock. You will provide Us with copies of any notices that You send to Your stockholders with respect to any issuance of Your stock or other equity security to occur after the Effective Date (other than issuances of stock or equity securities pursuant to customary stock plans).
Convertible Stock. All antidilution rights applicable to the Warrant Stock purchasable under this Warrant Agreement are as set forth in Your Certificate of Incorporation, as amended through the Effective Date. You will promptly provide Us with any restatement, amendment, modification of or waiver of any right under Your Certificate of Incorporation to the extent that You provide the same to all other holders of the Warrant Stock. You will promptly provide Us with copies of any notices that You send to Your stockholders with respect to any issuance of Your stock or other equity security to occur after the Effective Date. Warrant (Loan) 0719-W-01 4
Convertible Stock. There are no outstanding securities convertible into capital stock of No Borders nor any rights to subscribe for or to purchase, or any options for the purchase of, or any agreements providing for the issuance (contingent or otherwise) of, or any calls, commitments or claims of any character relating to, such capital stock or securities convertible into such capital stock. No Borders: (i) is not subject to any obligation (contingent or otherwise) to repurchase or otherwise acquire or retire any of its capital stock; or (ii) has no liability for dividends or other distributions declared or accrued, but unpaid, with respect to any capital stock.
