Common use of Dilutive Effect Clause in Contracts

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 22 contracts

Samples: Securities Purchase Agreement (Kandi Technologies Group, Inc.), Securities Purchase Agreement (Emisphere Technologies Inc), Securities Purchase Agreement (Kandi Technologies Group, Inc.)

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Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 21 contracts

Samples: Securities Purchase Agreement (American Rebel Holdings Inc), Securities Purchase Agreement (Royale Energy Inc), Securities Purchase Agreement (American Rebel Holdings Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 12 contracts

Samples: Securities Purchase Agreement (China Lending Corp), Securities Purchase Agreement (CBAK Energy Technology, Inc.), Securities Purchase Agreement (TDH Holdings, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants Warrants, in each case, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Flagship Global Health, Inc.), Securities Purchase Agreement (Metalico Inc), Securities Purchase Agreement (Msgi Security Solutions, Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will may increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 10 contracts

Samples: Securities Purchase Agreement (BSD Medical Corp), Securities Purchase Agreement (Geoglobal Resources Inc.), Securities Purchase Agreement (BSD Medical Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Aclarion, Inc.), Securities Purchase Agreement (YayYo, Inc.), Securities Purchase Agreement (Aclarion, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Maple Mountain Explorations Inc.), Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Applied Spectrum Technologies Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable pursuant to terms of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise pursuant to the terms of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (ParaZero Technologies Ltd.), Securities Purchase Agreement (HealthLynked Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Mdi, Inc.), Securities Purchase Agreement (Lumera Corp), Securities Purchase Agreement (Usa Technologies Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Convertible Notes and Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 4 contracts

Samples: Securities Purchase Agreement (PARETEUM Corp), Securities Purchase Agreement (PARETEUM Corp), Securities Purchase Agreement (PARETEUM Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants Warrant in accordance with this Agreement and the Warrants Warrant is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Bionovo Inc), Securities Purchase Agreement (Marina Biotech, Inc.), Security Agreement (NYXIO TECHNOLOGIES Corp)

Dilutive Effect. The Company understands and acknowledges that the number of the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants is Warrants, is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests interest of other stockholders of the Company.

Appears in 4 contracts

Samples: Common Stock and Warrants Purchase Agreement (Virtual Communities Inc/De/), Common Stock and Warrant Purchase Agreement (Xybernaut Corp), Common Stock and Warrants Purchase Agreement (Alteon Inc /De)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 4 contracts

Samples: Securities Purchase Agreement (SCWorx Corp.), Securities Purchase Agreement (Kiora Pharmaceuticals Inc), Securities Purchase Agreement (Westwater Resources, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable pursuant to terms of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise pursuant to the terms of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 3 contracts

Samples: Seventh Amendment Subscription Agreement (SMTC Corp), Subscription Agreement (SMTC Corp), Securities Purchase Agreement (Bridgeline Digital, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable pursuant to the terms of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise pursuant to the terms of the Warrants in accordance with this Agreement and with the Warrants is are absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other members or stockholders of the Company.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cellect Biotechnology Ltd.), Securities Purchase Agreement (Seneca Biopharma, Inc.), Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares (whether upon exercise conversion of the Warrants Note or, upon conversion of the Holder Preferred Shares) in accordance with this Agreement Agreement, the Note and, the terms of the Holder Preferred Shares (as shall be set forth in the Amended and the Warrants Restated AOA) is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Hale Martin M Jr), Securities Purchase Agreement (Top Image Systems LTD), Securities Purchase Agreement (Top Image Systems LTD)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will issuable upon exercise of the Warrants may increase beyond the initially anticipated amounts in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants Warrants, in each case, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 2 contracts

Samples: Subscription Agreement (ACCBT Corp.), Subscription Agreement (Brainstorm Cell Therapeutics Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is (and the payment of the exercise price therefore in cash or on a cashless basis if and to the extent permitted under the Warrants) is, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (PV Nano Cell, Ltd.), Subscription Agreement (PV Nano Cell, Ltd.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 2 contracts

Samples: Form of Stock Purchase Agreement (Dehaier Medical Systems LTD), Form of Securities Purchase Agreement (Tantech Holdings LTD)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise of the Warrants in accordance with this Agreement the terms of the Notes and the Warrants is is, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ads in Motion, Inc.), Securities Purchase Agreement (Ads in Motion, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will issuable upon exercise of the Warrants may increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Iparty Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Warrants Notes in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mohawk Group Holdings, Inc.), Securities Purchase Agreement (Mohawk Group Holdings, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants Warrant in accordance with this Agreement and the Warrants Warrant is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 1 contract

Samples: Exchange Agreement (Workstream Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants Warrant, in each case is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (VistaGen Therapeutics, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is, in each case, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants Securities in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Subscription Agreement (Sevion Therapeutics, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrant will increase in certain circumstancescircumstances as explicitly provided under the terms of the Warrant. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants Warrant in accordance with this Agreement and the Warrants terms of the Warrant is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Investment Agreement (Bonds.com Group, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable pursuant to the terms of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company, subject to the terms of the Warrants and the other Transaction Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Real Goods Solar, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is are absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company, subject to the provisions of the Transaction Documents and applicable law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Avanex Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants and Adjustment Shares issuable pursuant to the terms of this Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants and to issue the Adjustment Shares in accordance with Section 1(b) is, in each case, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Domain Media Group, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Warrants in accordance with the terms thereof and this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Astra Space, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants Warrants, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Altair International Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Atc Healthcare Inc /De/)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants, will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Preferred Stock in accordance with this Agreement and the Certificate of Designations and its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (GreenHunter Energy, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Warrants Notes in accordance with the terms thereof and this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Voting Agreement (Velo3D, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstancescircumstances as set forth in the Warrant. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants Warrant in accordance with with, and subject to the terms and conditions of, this Agreement and the Warrants is Warrant is, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Griffin Industrial Realty, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will may increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Intercloud Systems, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants Warrant in accordance with this Agreement and the Warrants Warrant, in each case is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company, subject to the provisions of the Transaction Documents and applicable law.

Appears in 1 contract

Samples: Warrantholder Rights Agreement (Monaco Coach Corp /De/)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will may increase in certain circumstances. The Company further acknowledges that that, except to the extent an issuance would exceed the beneficial ownership limitation in Section 1(e) of this Agreement, its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (NAKED BRAND GROUP LTD)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company, subject to the provisions of the Transaction Documents and applicable law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Avanex Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect effect, which may be substantial, that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Artistdirect Inc)

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Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares and Adjustment Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further understands and acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants and to issue the Adjustment Shares in accordance with Section 1(b) is, in each case, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (KIT Digital, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants Agreement, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests interest of other stockholders of the Company.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Speedcom Wireless Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its it has the obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditionalWarrants, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Angel Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares Securities will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise Securities pursuant to the terms of the Notes and the Warrants in accordance with this Agreement and the Notes and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Roadzen Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with and subject to this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digitalthink Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will may increase in certain circumstances. The Company further acknowledges that that, except to the extent an issuance would exceed the beneficial ownership limitation in Section 1(e) of this Agreement, its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Luokung Technology Corp.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants and Adjustment Shares issuable pursuant to the terms of this Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants and to issue the Adjustment Shares in accordance with Section 1(b) is, in each case, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (LabStyle Innovations Corp.)

Dilutive Effect. The Company understands and acknowledges that the number of shares of Warrant Shares Stock issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares Stock upon exercise of the Warrants in accordance with this Agreement and the Warrants Warrants, in each case, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: CampusU

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will may increase in certain circumstances. The Company further acknowledges that that, except to the extent an issuance would exceed the beneficial ownership limitation in Sections 1(e) and 1(f) of this Agreement, its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Lm Funding America, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstancescircumstances described in the Notes and Warrants. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Warrants Notes and Warrants, as applicable, in accordance with the terms thereof and this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bionano Genomics, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Notes and the Warrants in accordance with the terms thereof and this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: 3 Agreement (Astra Space, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Promissory Notes and Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (PARETEUM Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its it has an obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditionalWarrants, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hydrogenics Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Notes and Warrants in accordance with this Agreement and is not conditioned on the Warrants is absolute and unconditional, regardless absence of the any degree of dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tellurian Inc. /De/)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Convertible Notes and the Warrants in accordance with the terms thereof and this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Workhorse Group Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Warrants and Underlying Shares upon exercise pursuant to the terms of the Convertible Notes and Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Security Agreement (Workhorse Group Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants Warrant in accordance with this Agreement and the Warrants Warrant is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Parnell Pharmaceuticals Holdings LTD)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants, will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bionovo Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants (except to the extent of any limitations expressly set forth in the Warrants) in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Comscore, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants is Warrants, is, in each case, absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests interest of other stockholders of the Company.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Datametrics Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will may increase in certain circumstancescircumstances specified in the Warrant. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Navidea Biopharmaceuticals, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise or exchange of the Warrants Warrant in accordance with this Agreement and the Warrants Warrant is absolute and unconditional, regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pet Airways Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hutchinson Technology Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Warrants Notes and Warrant in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase and Exchange Agreement (Mohawk Group Holdings, Inc.)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Notes and the Warrants in accordance with this Agreement and the Warrants is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Agrify Corp)

Dilutive Effect. The Company understands and acknowledges that --------------- the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue the Warrant Shares upon exercise of the Warrants in accordance with this Agreement and the Warrants Agreement, is absolute and unconditional, unconditional regardless of the dilutive effect that such issuance may have on the ownership interests interest of other stockholders of the Company.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Speedcom Wireless Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Warrant Underlying Shares issuable upon exercise of the Warrant, pursuant to the terms thereof, will increase in certain circumstances. The Company further acknowledges that its obligation obligations to issue the Warrant Underlying Shares upon exercise pursuant to the terms of the Warrants Warrant in accordance with this Agreement and the Warrants Warrant is absolute and unconditional, unconditional regardless of the dilutive effect that any such issuance issuances may have on the percentage ownership interests of other stockholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Charge Enterprises, Inc.)

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