Issuance of Equity. As further consideration for the rights granted to Licensee by this Agreement, as of the Effective Date, (i) Licensee will issue to UFRF that number of shares of common stock of Licensee equal to five percent (5%) of the total number of issued and outstanding shares of Licensee on the Effective Date inclusive of shares set aside in the Stock Plan approved by the Board and as set forth in the Capitalization Table a copy of which is attached hereto as Attachment 4.2 and incorporated by reference herein. If at any time after the Effective Date of this Agreement and before Licensee receives a total of one million dollars ($1,000,000) in the form of cash, cash equivalents, or other consideration in exchange for the issuance of (i) Licensee’s equity securities and/or (ii) debt securities that are convertible into or exercisable or exchangeable for Licensee’s equity securities, Licensee issues any (a) shares of common stock or (b) securities that are convertible into or exercisable or exchangeable for shares of Licensee’s common stock, then in such event, Licensee shall issue additional shares of common stock to UFRF such that immediately after such issuance to UFRF the total number of shares issued to UFRF under this Section constitutes five percent (5%) of the total number of issued and outstanding shares of Licensee calculated on a fully diluted basis. The issuance of common stock to UFRF under this Section 4.2 shall be made in accordance with that certain Equity Agreement by and between UFRF and Licensee of even date herewith, a copy of which is attached hereto as Appendix D and incorporated by reference herein.
Issuance of Equity. In accordance with the terms of the Restricted Stock Agreements, Company shall, on the Effective Date and concurrent with the execution of this Agreement, as partial consideration for the licenses granted hereunder under [***] with respect to the Neoantigen Vaccine Products, issue to Broad the Institution Equity, which Broad has directed be split among the Institutions, with [***] of the Institution Equity issued to [***].
Issuance of Equity. 6.1 Executive shall receive a grant of 1,000,000 shares of Series A Preferred Stock upon execution of this agreement. Terms and Conditions of Series A preferred Stock are to be established, determined and set forth in a Stockholders Agreement to be finalized within them next 14 days. QUINTEK acknowledges that it has committed to sell to Executive additional shares of common stock (or grant to Executive rights to purchase additional shares of common stock) in QUINTEK so that, including all options or shares previously issued to or purchased by Executive, Executive would own, in the aggregate, shares of common stock or rights to purchase shares of common stock representing ten percent (10%) of the current outstanding common stock in QUINTEK on a fully-diluted basis after taking into account the issuance of such additional shares to Executive and assuming the issuance of all other shares subject to currently outstanding options or warrants. QUINTEK and Executive acknowledge and agree that the purchase price for such shares (or the exercise price for such options) will be $.03 per share, but they have otherwise not as yet determined how such additional shares and/or options will be issued to Executive. It is contemplated that QUINTEK and Executive will enter into a separate agreement or agreements on these additional shares and/or options within 90 days of the date of this Agreement (or upon the authorization of additional shares by the Shareholders of Quintek). Specifically, it is presently anticipated that the new stock agreements(s) will have , at minimum, new termination and repurchase provisions, with the termination provisions to be consistent with new termination and repurchase provisions, with the termination provisions to be consistent with the termination provisions set forth in this Agreement. The agreement(s) also will contain provisions providing Executive with pre-emptive rights to purchase additional shares of common stock of QUINTEK under certain circumstances. Options shall vest according to the following schedule: Right to purchase two and a half percent (2.5%) of outstanding common stock, upon the authorization of additional shares by the Shareholders of Quintek, assuming that authorization of more shares is approved by the shareholders of the Company, options giving Executive the right to purchase an additional two and a half percent (2.5%) of outstanding common stock at the time of grant, will be granted to executive upon the one (1) year ...
Issuance of Equity. Borrowers shall not issue additional Equity Interests other than Permitted Equity.
Issuance of Equity. AEON shall issue 26,680,511 shares of Common Stock (the “Issued Shares”) to Medytox pursuant to the terms of the Share Issuance Agreement attached hereto as Exhibit A (the “Share Issuance Agreement”). Further, in the event that the Company completes an Initial Public Offering (as defined in the Share Issuance Agreement) and the Issued Shares cease to represent at least ten (10%) percent of the Company’s then-outstanding shares of capital stock immediately following the closing of such Offering, AEON shall issue to Medytox a number of additional shares of Common Stock (the “Additional Shares”) such that the Issued Shares plus such Additional Shares equal ten (10%) percent of the Company’s then-outstanding shares of capital stock immediately following the closing of the Company’s Initial Public Offering. The issuance of the Additional Shares shall be subject to Medytox entering into such additional documentation as reasonably requested by the Company.
Issuance of Equity. The Borrower shall not, and shall not permit any of its Subsidiaries to, issue, authorize the issuance of, or obligate itself to issue any shares of its capital stock or other equity (including, without limitation, any options, warrants or other rights in respect thereof) to any Person that (a) would contravene any other provision of this Agreement (including any provision respecting Change of Control) or (b) would result in there being equity of the Borrower or any Subsidiary that is not pledged pursuant to the Pledge Agreement.
Issuance of Equity. Within five (5) Business Days of any issuance or sale of equity by any Borrower (other than issuances pursuant to subsection (a), (b) and (c) of Section 8.2.12 [Issuance of Stock] of this Agreement), the Borrowers shall make a mandatory prepayment of principal on the Term Loans equal to the Net Cash Proceeds, together with accrued interest on such principal amount. Notwithstanding the foregoing, the mandatory prepayment of principal on the Term Loans with respect to the Net Cash Proceeds obtained in connection with any AE Equity Offering or Elk Creek Equity Offering occurring prior to December 31, 2011 shall be equal to the higher of (i) all Net Cash Proceeds up to $40,000,000 in the aggregate, or (ii) 50% of such Net Cash Proceeds in the aggregate. All prepayments pursuant to this Section 5.7.4 shall be applied to payment in full of the principal amount of the Term Loans by application to the unpaid installments of principal in the inverse order of scheduled maturities.”
Issuance of Equity. Within five (5) Business Days of any issuance or sale of equity by any Borrower (other than issuances pursuant to subsection (a), (b) and (c) of Section 8.2.12 [Issuance of Stock] of this Agreement), the Borrowers shall make a mandatory prepayment of principal on the Term Loans equal to the Net Cash Proceeds, together with accrued interest on such principal amount. All prepayments pursuant to this Section 5.7.4 shall be applied to payment in full of the principal amount of the Term Loans by application to the unpaid installments of principal in the inverse order of scheduled maturities.
Issuance of Equity. If Borrower or any Guarantor sells or issues any of its Equity Interests (other than as expressly permitted pursuant to Section 9.4(b) and Section 9.4(c)), Borrower may elect to apply up to fifty percent (50%) of the net cash proceeds received therefrom to prepay the Term Loan; provided, that, such prepayment is made within fifteen (15) days from the issuance of such Equity Interests. No Prepayment Charge shall accrue as a result of any prepayment of the Term Loan pursuant to this Section 2.6(g). Amounts prepaid pursuant to this Section 2.6(g) shall be applied as provided in Section 2.6(j) and Section 2.10 below.
