Share Cap. In order to issue, in the aggregate, Common Shares pursuant to the Securities Purchase Agreement and the maximum amount of Common Shares upon full conversion of the Series D Preferred Shares pursuant to the Common Share Conversion Option, which aggregate amount would be in excess of the 19.9% Share Cap, the rules of NASDAQ would require that the holders of Common Shares duly approve in advance the issuance of Common Shares in excess of the 19.9% Share Cap.
Appears in 2 contracts
Sources: Convertible Preferred Stock Purchase Agreement (American Realty Capital Properties, Inc.), Common Stock Purchase Agreement (American Realty Capital Properties, Inc.)