Delivery of Additional Shares. If the Representatives exercise the option granted to them under Section 2(b), BofA, acting on behalf of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, to purchase (through BofA) the number of Option Securities for which the option to purchase has been exercised pursuant to Section 2(b) (the “Applicable Additional Shares”). Not later than the day prior to the Date of Delivery of the Applicable Additional Shares, the Transaction Committee shall have resolved on the final number of Applicable Additional Shares to be issued pursuant to this Agreement (“Additional Capital Increase”).
Delivery of Additional Shares. On the Delivery Date, the Company shall cause to be delivered to each Subscriber a certificate or certificates for the appropriate number of Additional Shares. The Company, however, will not be obligated to deliver Additional Shares to a Common Holder if (i) the Investor elects not to take delivery of such Additional Shares or (ii) the total number of shares of Common Stock then beneficially owned by such Investors and their affiliates and any other persons whose beneficial ownership of Common Stock would be aggregated with the Investor’s for purposes of Section 13(d) of the Exchange Act, would exceed 9.999% of the total number of issued and outstanding shares of Common Stock or (iii) at any time the Board shall determine in its discretion (based on a written opinion of counsel (a copy of which must be provided to the Investors)) that the issuance and sale of the Additional Shares to the Investors would cause the Company to violate any provision of the Securities Act, the securities laws of any state or any other law; provided, however, that in each such case the Company will issue to each Investor Common Stock purchase warrants to purchase the appropriate number of Additional Shares at an exercise price of $0.01 per share for a period of five years from the date of issuance.
Delivery of Additional Shares. (a) If the Representatives exercise the option granted to them under Section 3 of this Agreement, Xxxxxx Xxxxxxx & Co. LLC, acting on behalf of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, to purchase (through Xxxxxx Xxxxxxx & Co. LLC) the number of Additional Shares for which the option to purchase has been exercised pursuant to Section 3 (the “Applicable Additional Shares”).
Delivery of Additional Shares. No later than one (1) business day after the exercise by the Company of its Additional Purchase Right, the Investor shall notify LCM of the account or accounts at LCM to be credited with the Additional Shares being purchased by such Investor. On the Additional Closing Date, the Company shall deliver the Additional Shares to the Investor through DTC directly to the account(s) at LCM identified by Investor and simultaneously therewith payment shall be made by LCM by wire transfer to the Company.
Delivery of Additional Shares. If the Borrower shall become entitled to receive or shall receive any stock certificates (including, without limitation, any certificate representing a stock dividend or a distribution in connection with any reclassification, increase or reduction of capital, or issued in connection with any reorganization), option or rights, whether as an addition to, in substitution of, or in exchange for any of the Pledged Shares or upon acquisition of the Xxxxxxxx Shares as contemplated by the Credit Agreement, the Borrower agrees to accept the same as the agent of the Pledgee and to hold the same in trust for the benefit of the Pledgee and to deliver the same forthwith to the Pledgee in the exact form received, with the endorsement of the Borrower when necessary and/or appropriate undated stock powers duly executed in blank, and irrevocable proxies for any stock certificates so received, in substantially the form of Exhibit A, to be held by the Pledgee, subject to the terms hereof, as additional collateral security for the Obligations. Any sums paid upon or in respect of the Pledged Shares on the liquidation or dissolution of the Pledged Corporation shall be paid over to the Pledgee to be held by it as additional collateral security for the Obligations.
Delivery of Additional Shares. Within 3 business days following the satisfaction of the Conditions, subject to the terms and conditions hereof, the Company will issue the Additional Shares to the Purchaser and deliver or procure the delivery by its registrar to the Purchaser, a holding statement evidencing the number of Additional Shares issued to the Purchaser.
Delivery of Additional Shares. In the event that 7-7 Merger declares a stock split or stock dividend, the Debtor shall deliver to Secured Party all certificates evidencing shares of 7-7 Merger that are attributable to the Shares, within three (3) days of receipt of such certificates, along with such endorsements or stock powers at the Secured Party may request.
Delivery of Additional Shares. The Additional Shares issued hereunder shall be transmitted by the Transfer Agent to the Service Provider by crediting the designated account of the Company with the Broker with The Depository Trust Company through its Deposit/Withdrawal at Custodian system (“DWAC”) by the date that is two (2) Trading Days after the delivery to the Company of the Notice of Issuance (such date, the “Share Delivery Deadline”). The Additional Shares shall be deemed to have been issued, and the Service Provider or any other person so designated to be named therein shall be deemed to have become the holder of record of such shares for all purposes, as of the date the Rights have been exercised.
Delivery of Additional Shares. No later than one (1) business day after the APR Exercise Date, the Investor shall notify the Placement Agent of the account or accounts at the Placement Agent to be credited with the Additional Shares being purchased by such Investor. On the applicable Additional Closing Date, the Company shall deliver the Additional Shares to the Investor through DTC directly to the account(s) at the Placement Agent identified by Investor and simultaneously therewith payment shall be made by the Placement Agent by wire transfer to the Company.
Delivery of Additional Shares. In the event that the Company shall issue, whether by way of stock dividend, stock split or otherwise, any additional common or preferred stock or other securities as a result of or attributable to the registered ownership of the Pledged Interest, such common or preferred stock, or other securities shall constitute part of the Pledged Interest as additional security for the secured indebtedness and, if the same are received by Pledgor, they will immediately upon receipt thereof deposit, sell, assign, pledge and deliver the same duly endorsed in blank or with stock powers attached to Bank.
