Restriction on Issuance of the Capital Stock. So long as any portion of the Note is outstanding, the Company shall not, without the prior written consent of the Secured Party, (i) issue or sell shares of Common Stock or Preferred Stock without consideration or for a consideration per share less than the Bid Price of the Common Stock determined immediately prior to its issuance, (ii) issue any warrant, option, right, contract, call, or other security instrument granting the holder thereof, the right to acquire Common Stock without consideration or for a consideration less than such Common Stock's Bid Price value determined immediately prior to it's issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iv) file any registration statement on Form S-8.
Appears in 3 contracts
Sources: Security Agreement (Pop N Go Inc), Security Agreement (Pop N Go Inc), Security Agreement (Earthshell Corp)
Restriction on Issuance of the Capital Stock. So long as any portion of the Note is Convertible Debentures are outstanding, the Company shall not, without the prior written consent of the Secured PartyBuyer(s), (i) issue or sell shares of Common Stock or Preferred Stock or
(i) without consideration or for a consideration per share less than the Bid Price of the Common Stock determined immediately prior to its issuance, (ii) issue any warrant, option, right, contract, call, or other security instrument granting the holder thereof, the right to acquire Common Stock without consideration or for a consideration less than such Common Stock's Bid Price value determined immediately prior to it's issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iv) file any registration statement on Form S-8.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Tech Laboratories Inc), Securities Purchase Agreement (Alliance Towers Inc)
Restriction on Issuance of the Capital Stock. So long as any portion of the Note is Convertible Debentures are outstanding, the Company shall not, without the prior written consent of the Secured PartyBuyer(s), (i) issue or sell shares of Common Stock or Preferred Stock (i) without consideration or for a consideration per share less than the Bid Price of the Common Stock determined immediately prior to its issuance, (ii) issue any warrant, option, right, contract, call, or other security instrument granting the holder thereof, the right to acquire Common Stock without consideration or for a consideration less than such Common Stock's Bid Price value determined immediately prior to it's issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iv) file any registration statement on Form S-8.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Silver Star Energy Inc), Securities Purchase Agreement (Smartire Systems Inc)
Restriction on Issuance of the Capital Stock. So long as any portion of the Note is Convertible Debenture are outstanding, the Company shall not, without the prior written consent of the Secured PartyBuyer(s), (i) issue or sell shares of Common Stock or Preferred Stock without consideration or for a consideration per share less than the Bid Price bid price of the Common Stock determined immediately prior to its issuance, (ii) issue any warrant, option, right, contract, call, or other security instrument granting the holder thereof, the right to acquire Common Stock without consideration or for a consideration less than such Common Stock's Bid Price value determined immediately prior to it's issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iv) file any registration statement on Form S-8.
Appears in 1 contract
Sources: Securities Purchase Agreement (Global Concepts, Ltd.)
Restriction on Issuance of the Capital Stock. So long as any portion of the Note Preferred Stock is outstanding, the Company shall not, without the prior written consent of the Secured PartyInvestors, (i) issue or sell shares of Common Stock or Preferred Stock without consideration or for a consideration per share less than the Bid Price bid price of the Common Stock determined immediately prior to its issuance, (ii) issue any preferred stock, warrant, option, right, contract, call, or other security or instrument granting the holder thereof, thereof the right to acquire Common Stock without consideration or for a consideration less than such Common Stock's ’s Bid Price value determined immediately prior to it's ’s issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iv) file any registration statement on Form S-8.
Appears in 1 contract
Sources: Series B Convertible Preferred Stock Purchase Agreement (Nighthawk Systems Inc)
Restriction on Issuance of the Capital Stock. So long as any portion of the Note is Convertible Debentures are outstanding, the Company shall not, without the prior written consent of the Secured PartyBuyer(s), (i) issue or sell shares of Common Stock or Preferred Stock (i) without consideration or for a consideration per share less than the Bid Price of the Common Stock determined immediately prior to its issuance, (ii) issue any warrant, option, right, contract, call, or other security instrument granting the holder thereof, the right to acquire Common Stock without consideration or for a consideration less than such Common Stock's ’s Bid Price value determined immediately prior to it's ’s issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iv) file any registration statement on Form S-8.
Appears in 1 contract
Sources: Securities Purchase Agreement (Falcon Natural Gas Corp)
Restriction on Issuance of the Capital Stock. So long as any portion of the Note is outstanding, the Company shall not, without the prior written consent of the Secured Party, (i) issue or sell shares of Common Stock or Preferred Stock without consideration or for a consideration per share less than the Bid Price of the Common Stock Stock's value determined immediately prior to its it's issuance, (ii) issue any warrant, option, right, contract, call, or other security instrument granting the holder thereof, the right to acquire Common Stock without consideration or for a consideration less than such Common Stock's Bid Price value determined immediately prior to it's issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iv) file any registration statement on Form S-8.
Appears in 1 contract