Common use of Maximum Exercise of Rights Clause in Contracts

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 24 contracts

Samples: Lockup Agreement (Attitude Drinks Inc.), Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)

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Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber Subscribers will be deferred in whole or in part until such time as such Subscriber is Subscribers are able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 7 contracts

Samples: Subscription Agreement (Clear Skies Solar, Inc), Subscription Agreement (Yesdtc Holdings, Inc.), Subscription Agreement (Clear Skies Solar, Inc)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly. The aforedescribed deferral notwithstanding, the payment for securities in a Subsequent Offering must be made in accordance with the terms and conditions of the Subsequent Offering.

Appears in 5 contracts

Samples: Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) 2 would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner as described in Section 7.3 2(f) of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber Subscribers will be deferred in whole or in part until such time as such Subscriber is Subscribers are able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 2(f) of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 5 contracts

Samples: Subscription Agreement (Yesdtc Holdings, Inc.), Subscription Agreement (Resume in Minutes, Inc.), Subscription Agreement (Bullfrog Gold Corp.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber Subscribers will be deferred in whole or in part until such time as such Subscriber is Subscribers are able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 5 contracts

Samples: Subscription Agreement (China Yongxin Pharmaceuticals Inc.), Subscription Agreement (Aethlon Medical Inc), Subscription Agreement (China Yongxin Pharmaceuticals Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section Sections 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 5 contracts

Samples: Subscription Agreement (Collexis Holdings, Inc.), Subscription Agreement (Helix Wind, Corp.), Subscription Agreement (Clearview Acquisitions, Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a11(a) and Section 12(b11(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 5 contracts

Samples: Subscription Agreement (Blastgard International Inc), Subscription Agreement (Blastgard International Inc), Subscription Agreement (Blastgard International Inc)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(aSections 11(a) and Section 12(b11(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 3 contracts

Samples: Subscription Agreement (Clear-Lite Holdings, Inc.), Subscription Agreement (Clear-Lite Holdings, Inc.), Subscription Agreement (Clear-Lite Holdings, Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section Sections 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 3 contracts

Samples: Subscription Agreement (Clear-Lite Holdings, Inc.), Subscription Agreement (Medical Alarm Concepts Holdings Inc), Subscription Agreement (AirtimeDSL)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 2 contracts

Samples: Subscription Agreement (Money4gold Holdings Inc), Subscription Agreement (Money4gold Holdings Inc)

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Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 7.2 of this Exchange Agreement, then upon payment, if any such payment is required, the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 7.2 of this Exchange Agreement and such Subscriber notifies the Company accordingly.

Appears in 2 contracts

Samples: Exchange Agreement (Attitude Drinks Inc.), Exchange Agreement (Attitude Drinks Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber Subscribers will be deferred in whole or in part until such time as such Subscriber is Subscribersare able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 1 contract

Samples: Subscription Agreement (Tri-Mark MFG, Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber Subscribers will be deferred in whole or in part until such time as a Subscriber notifies the Company that such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordinglyAgreement.

Appears in 1 contract

Samples: Subscription Agreement (Armada Oil, Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(aSections 11(a) and Section 12(bor 11(b) hereof would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber will shall be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth and calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 1 contract

Samples: Subscription Agreement (Medlink International, Inc.)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber Subscribers calculated in the manner described in Section 7.3 7.2 of this Agreement, then the issuance of such additional shares of Common Stock of the Company to such Subscriber Subscribers will be deferred in whole or in part until such time as such Subscriber is Subscribers are able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 7.2 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 1 contract

Samples: Subscription Agreement (Medis Technologies LTD)

Maximum Exercise of Rights. In the event the exercise of the rights described in Section 12(a) and Section 12(b) would or could result in the issuance of an amount of Common Stock of the Company that would exceed the maximum amount that may be issued to a Subscriber calculated in the manner described in Section 7.3 of this Agreement, then upon payment, if any such payment is required, the issuance of such additional shares of Common Stock of the Company to such Subscriber will be deferred in whole or in part until such time as such Subscriber is able to beneficially own such Common Stock without exceeding the applicable maximum amount set forth calculated in the manner described in Section 7.3 of this Agreement and such Subscriber notifies the Company accordingly.

Appears in 1 contract

Samples: Subscription Agreement (Megawest Energy Corp.)

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