Amendment Shares definition
Examples of Amendment Shares in a sentence
The Company has the requisite corporate power and authority to enter into and to consummate the transactions contemplated by each of the Transaction Documents and otherwise to carry out its obligations hereunder and thereunder, including, without limitation, to issue the Pre-Amendment Shares and, subject only to the requisite approval of the shareholders and the effectiveness of the Post-Closing Articles of Amendment, the Post Amendment Shares, in each case in accordance with the terms hereof.
The issuance of Amendment Shares to ▇▇▇▇ shall be made pursuant to, and subject to the terms and conditions of, the Subscription Agreement attached hereto as Exhibit B, and the issuance of Amendment Shares to the Co-Inventors (as defined below) shall be made pursuant to, and subject to the terms and conditions of, separate written agreements mutually acceptable to ▇▇▇▇▇ and each of the Co-Inventors.
Such Amendment Shares will be issued and delivered at the Closing Time to the Seller’s (or its designee’s) balance account with the Depository Trust Company (“DTC”) under its the Depository Trust Company Fast Automated Securities Transfer Program and Deposit/Withdrawal at Custodian system pursuant to the account instructions specified by the Seller to the Company at least five (5) Business Days prior to the Closing Date.
E-nut represents and warrants to Skye that all corporate action on the part of e-nut, its officers, directors and stockholders necessary for the authorization, execution and delivery of this Amendment, including the issuance of the shares of Common Stock of e-nut (the "Amendment Shares") referred to in Section 1.6 of this Amendment (containing new Section 2.7 of the DLA) has been taken.
The Company has the requisite power and authority to enter into and perform its obligations under this Agreement and the other Transaction Documents in accordance with the terms hereof and thereof (including, without limitation, the amendment and restatement of the Note, the issuance of the Amendment Shares and the Amendment Right, and the reservation for issuance and issuance of the Amendment Right Shares).
Upon issuance in accordance with the DLA as amended, the Amendment Shares will be validly issued, fully-paid and nonassessable, and free from all preemptive rights.
In addition to any other remedies available to Lender, failure to timely issue the Amendment Shares to Lender will be an Event of Default.
Management will not accept responsibility for providing access to the owner’s apartment for this purpose.
In the event that the Borrower elects to pay the Amendment Fee in Amendment Shares and is unable to obtain TSX approval for such payment within five (5) Business Days of the date hereof, the Borrower shall, on the sixth (6th) Business Day after the date hereof, pay the Amendment Fee to the Lender in cash.
PRF understands that its investment in the Amendment Shares, the New Note and the shares issuable upon the conversion of the New Note involves a high degree of risk.