Subsequent Shares. In the event that the Company issues additional shares of its capital stock or grants additional rights for the issuance of any shares of its capital stock, it shall distribute to Baylor a sufficient number of its shares of common stock, $0.01 par value to maintain Baylor’s 8% ownership interest in the Company. In addition to the consideration for the issuance of the shares described in Section 2.4 hereof, Baylor shall pay the Company an amount equal tothe par value per share of the Company’s common stock for each Share issued pursuant to this Section 2.5. The Company agrees that it shall not increase the par value of its shares of common stock above $0.01 per share.
Subsequent Shares. If at any time and from time to time while the Venture Agreement remains in full force and effect, the Company sells for cash any equity securities (or securities convertible into or exercisable or exchangeable for equity securities) (the "Offered Shares") in a public or private offering either registered pursuant to the Securities Act or exempt from registration under the Securities Act (the "Offering"), then Buyer shall have the right to purchase concurrently with the closing of, and on the same terms as, the Offering a number of Offered Shares equal to the number of Offered Shares multiplied by a fraction, the numerator of which is the number of shares of Common Stock then owned by Buyer and the denominator of which is the total number of issued and outstanding shares of Common Stock of the Company prior to the Offering. The Company shall notify the Buyer of the proposed terms of the Offered Shares (which may consist of the mechanism for establishing the offering price) not less than 30 days prior to the anticipated date of closing of the Offering. If the Buyer desires to purchase any of the Offered Shares, it shall notify the Company within 20 days after receipt of the notice from the Company how many Offered Shares it wishes to purchase. If the Buyer does not so notify the Company, the Company may sell the Offered Shares free from the Buyer's rights under this Section. If at any time Buyer does not elect to purchase Offered Shares in two consecutive Offerings or in a total of three Offerings, the provisions of this Section shall be terminated and of no further force or effect and Buyer shall no longer have rights under this Section 5 to purchase any equity securities in the future. The rights granted to Buyer pursuant to this Section 5 shall not apply to any equity securities (or securities convertible into or exercisable or exchangeable for equity securities) (a) issued pro rata to all holders of Common Stock; (b) upon the conversion or exercise of options, warrants or convertible securities; (c) issued to employees, officers or directors of the Company pursuant to stock option plans or other plans approved by the Board of Directors of the Company; or (d) issued in connection with the acquisition of any property or acquisition (by merger, consolidation, purchase, reorganization or otherwise) of all of the stock or other equity securities of a company or all or substantially all the assets of a business.
Subsequent Shares. 2.2 VWHC.........................................................
Subsequent Shares. If new shares or replacement, substitute (more or less than originally issued) or additional shares are issued with respect to the Pledged Stock or Apartment subject to the Proprietary Lease, then and in any such event the Borrower shall, without notice or demand from the Secured Party, immediately deliver the Certificates evidencing said shares to the Secured party, together with stock powers duly executed in blank covering the same, and said shares shall be subject to the security interest herein created and shell be held subject to all of the terms, covenants and conditions of the Agreement. Secured party may, in its sole discretion, thereafter require that a new set of loan and collateral instruments be drafted which conform to the replacement, substitute, or additional shares and proprietary lease, with all fees therefore, including attorneys fees and disbursements, paid by Borrower.
Subsequent Shares. 2 Tax...............................19
Subsequent Shares. In the event that the Market Value of the Pledged Shares (as determined by multiplying the number of Pledged Shares by the average closing price as reported by Bloomberg L.P. of the Pledgor's common stock on its principal market for the 7 trading days prior to the Pricing Date) is less than three (3) times the amount of the outstanding principal balance and accrued interest under the Convertible Debentures, as determined on the fifteenth (15th) day from the date hereof, and as redetermined every fifteenth (15th) day thereafter (each individually referred to as a "Pricing Date"), the Pledgor shall, within three (3) business days of the Pricing Date, pledge additional shares of the Pledgor's common stock (the "Subsequent Shares"), and deliver to the Escrow Agent the Subsequent Shares, along with the related Transfer Documents such that the Market Value of the Pledged Shares, along with the Subsequent Shares, shall collectively be equal to or exceed three (3) times the amount of the outstanding principal balance and accrued interest under the Convertible Debentures as determined on such Pricing Date. In the event a Pricing Date shall fall on a Saturday, Sunday or on a holiday, the Pricing Date shall be the next trading date. Failure of the Pledgee to enforce any provisions of this section for any period of time shall not be deemed a waiver of the Pledgee's rights under this section.
Subsequent Shares. This Agreement shall cover the shares currently owned by each Shareholder and any shares acquired after the execution of this Agreement, be it by additional purchase, operation of law, stock dividend, recapitalization or any other issuance. After-acquired shares (not received from the Company) shall be surrendered to the Company for the purpose of inserting the endorsement as set forth in Section 12.
Subsequent Shares. Owner acknowledges receiving an additional 20,000 shares of TRC common stock, on the Execution Date, pursuant to a Letter Agreement between TRC and Owner (the “Letter Agreement”), relating to the due dates of certain payments in connection with the Property and the Sun Claims in Xxx and Mineral Counties, Nevada. Concurrently with the execution of this Agreement and prior to receiving such shares of stock, Owner shall complete a Subscription Agreement in form and substance satisfactory to TRC.
Subsequent Shares. “Subsequent Shares” means such number of shares of Acquiror Common Stock equal to, for each [***] (or ratable portion thereof) in IPO Value or Sale Value in excess of [***], the product of (i) 0.1% multiplied by (ii) the aggregate number of fully diluted shares (including with respect to options and on an as-converted to common basis) of Acquiror Common Stock immediately following the final closing of the Financing, provided that in the event that the Financing amount is less than [***], the foregoing “aggregate number of fully diluted shares” shall be based on the aggregate number of fully diluted shares of Acquiror Common Stock that would have been outstanding immediately following the final closing of the Financing if the Financing amount had equaled [***]). By way of example, if the IPO Value is [***], then (assuming that the Financing Certain information has been excluded from this agreement (indicated by “[***]”) because such information (i) is not material and (ii) would be competitively harmful if publicly disclosed. amount is [***] and the aggregate number of fully diluted shares is [***]), the number of Subsequent Shares shall be equal to the sum of: [***].
Subsequent Shares
