Common use of Multiple Closing Dates Clause in Contracts

Multiple Closing Dates. In the event the Issuer shall issue on more than one date Additional Shares of Common Stock that are a part of one transaction or a series of related transactions and that would result in an adjustment to the Conversion Price pursuant to the terms of Section 4.5(f)(iii), then, upon the final such issuance, the Conversion Price shall be readjusted to give effect to all such issuances as if they occurred on the date of the first such issuance (and without giving effect to any additional adjustments as a result of any such subsequent issuances within such period).

Appears in 2 contracts

Samples: Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.), Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.)

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Multiple Closing Dates. In the event the Issuer Company shall issue on more than one date Additional Shares of Common Stock that are a part of one transaction or a series of related transactions and that would result in an adjustment to the Series B Conversion Price pursuant to the terms of Section 4.5(f)(iii), 4.2(c) above then, upon the final such issuance, the Series B Conversion Price shall be readjusted to give effect to all such issuances as if they occurred on the date of the first such issuance (and without additional giving effect to any additional adjustments as a result of any such subsequent issuances within such period).

Appears in 2 contracts

Samples: Stockholders Agreement (General Devices Inc), Agreement and Plan of Merger (General Devices Inc)

Multiple Closing Dates. In the event the Issuer Company shall issue on more than one date Additional Shares of Common Stock that are a part of one transaction or a series of related transactions and that would result in an adjustment to the Conversion Price pursuant to the terms of Section 4.5(f)(iiithis Subsection 5(e), then, then upon the final such issuance, the Conversion Price shall be readjusted to give effect to all such issuances as if they occurred on the date of the first such issuance (and without additional giving effect to any additional adjustments as a result of any such subsequent issuances within such period).

Appears in 2 contracts

Samples: Investment Agreement (GeoMet, Inc.), Voting Agreement (GeoMet, Inc.)

Multiple Closing Dates. In the event the Issuer Corporation shall issue on more than one date Additional Shares of Common Stock that are a part of one transaction or a series of related transactions and that would result in an adjustment to the Series 1 Conversion Price pursuant to the terms of Section 4.5(f)(iii), Subsection 4.4.4. then, upon the final such issuance, the Series 1 Conversion Price shall be readjusted to give effect to all such issuances as if they occurred on the date of the first such issuance (and without giving effect to any additional adjustments as a result of any such subsequent issuances within such period).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Zynerba Pharmeceuticals, Inc.), Agreement and Plan of Merger (Zynerba Pharmeceuticals, Inc.)

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Multiple Closing Dates. In the event the Issuer Borrower shall issue on more than one date Additional Shares of Common Stock that are a part of one transaction or a series of related transactions and that would result in an adjustment to the Conversion Price pursuant to the terms of Section 4.5(f)(iii)subsection 1.2.4(d) above, then, upon the final such issuance, the Conversion Price shall be readjusted to give effect to all such issuances as if they occurred on the date of the first such issuance (and without additional giving effect to any additional adjustments as a result of any such subsequent issuances within such period).

Appears in 1 contract

Samples: Thermoenergy Corp

Multiple Closing Dates. In the event the Issuer Borrower shall issue on more than one date Additional Shares of Common Stock that are a part of one transaction or a series of related transactions and that would result in an adjustment to the Conversion Price pursuant to the terms of Section 4.5(f)(iii)3 above, then, upon the final such issuance, the Conversion Price shall be readjusted to give effect to all such issuances as if they occurred on the date of the first such issuance (and without giving effect to any additional adjustments as a result of any such subsequent issuances within such period).

Appears in 1 contract

Samples: Credit Agreement (Lilis Energy, Inc.)

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