Common use of Restriction on Sale of Capital Stock Clause in Contracts

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall not issue or sell, without the prior written consent of the Investor, (i) any 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 or sell any Preferred Stock warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration per share less than such Common Stock's Bid Price determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8 for more than 10,000,000 shares of Common Stock.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Solution Technology International Inc), Equity Distribution Agreement (Sagamore Holdings Inc), Equity Distribution Agreement (Networth Technologies, Inc.)

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Restriction on Sale of Capital Stock. During Except for sales of restricted Common Stock during the Commitment Period, the Company shall not issue or sell, without the prior written consent of the Investor, sell (i) any 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 or sell any Preferred Stock warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration per share less than such Common Stock's Bid Price determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8 except for more than 10,000,000 an S-8 for up to Two Million shares of Common StockStock as long as there are any convertible debentures outstanding and Five Million shares of Common Stock thereafter.

Appears in 1 contract

Samples: Equity Distribution Agreement (Teleplus Enterprises Inc)

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall not issue or sell, without the prior written consent of the Investor, (i) any 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 or sell any Preferred Stock warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration per share less than such Common Stock's ’s Bid Price determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8 for more than 10,000,000 shares of Common Stockshares.

Appears in 1 contract

Samples: Equity Distribution Agreement (TXP Corp)

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Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall not issue or sell, without the prior written consent of the Investor, sell (i) any 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 or sell any Preferred Stock warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration per share less than such Common Stock's Bid Price determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8 for more than 10,000,000 five million (5,000,000) shares of its Common Stock.

Appears in 1 contract

Samples: Equity Distribution Agreement (Mymetics Corp)

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