Examples of 2023 Securities in a sentence
The Company shall not make any offers or sales of any security (other than the Securities) under circumstances that would require registration of the Securities being offered or sold hereunder under the 1933 Act or cause the offering of the Securities to be integrated with any other offering of securities by the Company for the purpose of any stockholder approval provision applicable to the Company or its securities, except with respect to the October 2023 Securities.
The issuance of the Securities to the Buyer will not be integrated with any other issuance of the Company’s securities (past, current or future) for purposes of any shareholder approval provisions applicable to the Company or its securities, except with respect to the October 2023 Securities.
Neither the Company, nor any of its affiliates, nor any person acting on its or their behalf, has directly or indirectly made any offers or sales in any security or solicited any offers to buy any security under circumstances that would require registration under the 1933 Act of the issuance of the Securities to the Buyer, except with respect to the October 2023 Securities.
Except with respect to the October 2023 Securities, during the period beginning on the date of this Agreement and continuing through the date that is thirty (30) calendar days after the date of this Agreement, the Company shall not issue any Common Stock or Common Stock Equivalents (as defined in the Note).
Except with respect to the February 2023 Securities, the Company shall not make any offers or sales of any security (other than the Securities) under circumstances that would require registration of the Securities being offered or sold hereunder under the 1933 Act or cause the offering of the Securities to be integrated with any other offering of securities by the Company for the purpose of any shareholder approval provision applicable to the Company or its securities.
Except with respect to the April 2023 Securities, the issuance of the Securities to the Buyer will not be integrated with any other issuance of the Company’s securities (past, current or future) for purposes of any shareholder approval provisions applicable to the Company or its securities.
Except with respect to the October 2023 Securities, during the period beginning on the date of this Agreement and continuing through the date that the Shareholder Approval is obtained, the Company shall not issue any (i) Common Stock at a price per share or cost basis of less than the Threshold Price or (ii) Common Stock Equivalents (as defined in the Note) that are exercisable or convertible into Common Stock at a price per share or cost basis of less than the Threshold Price.
Except with respect to the April 2023 Securities, the Company shall not make any offers or sales of any security (other than the Securities) under circumstances that would require registration of the Securities being offered or sold hereunder under the 1933 Act or cause the offering of the Securities to be integrated with any other offering of securities by the Company for the purpose of any stockholder approval provision applicable to the Company or its securities.
Except with respect to the July 2023 Securities, the issuance of the Securities to the Buyer will not be integrated with any other issuance of the Company’s securities (past, current or future) for purposes of any shareholder approval provisions applicable to the Company or its securities, including but not limited to any applicable shareholder approval provisions of the Principal Market.
In addition to the beneficial ownership limitations provided in this Note, the sum of the aggregate number of shares of Common Stock that may be issued to all July 2023 Buyers (as defined in the Purchase Agreement) under the July 2023 Securities (as defined in the Purchase Agreement), which includes the Conversion Shares under this Note, shall be limited to the Exchange Cap (as defined in the Purchase Agreement) as further provided in the Purchase Agreement.