Examples of Biota Common Stock in a sentence
The Sellers shall be entitled to receive, upon the release of the Escrowed Shares, any and all dividends paid by Biota on shares of Biota Common Stock during the period in which the Escrowed Shares are retained in the Escrow Account.
Notwithstanding anything in this Agreement to the contrary, the total number of shares of Biota Common Stock that may be issued to Sellers under this Agreement shall be limited to an amount equal to 19.99% of the number of outstanding shares of Biota Common Stock as of the date hereof (the “Share Cap”), unless the approval of Biota’s stockholders is obtained to issue a number of shares in excess of the Share Cap (“Stockholder Approval”).
Such Seller does not, directly or indirectly, own any Shares of Biota Common Stock.
As of December 31, 2014, 35,100,961 shares of Biota Common Stock were issued and outstanding, all of which were duly authorized, validly issued, fully paid, non-assessable and free of preemptive rights.
As of December 31, 2014, there were no outstanding warrants to purchase shares of Biota Common Stock.
As of December 31, 2014, options to purchase 3,293,424 shares of Biota Common Stock and restricted stock and market stock unit awards for 263,295 shares of Biota Common Stock were outstanding under the 2007 Omnibus Equity and Incentive Plan of Biota (the “Equity Incentive Plan”) or otherwise.
Subject to the provisions of Section 2.8 and Section 2.10(c), upon its election, Biota may satisfy its obligation to make any portion of the First Milestone Payment by the issuance to each Seller of such Seller’s Pro Rata Share of the First Milestone Shares being issued by Biota, with any fraction of a share of Biota Common Stock being treated as provided in Section 2.10(d) below.
For the avoidance of doubt and without prejudice to Section 2.8(d), Biota shall not be required or permitted to issue any shares of Biota Common Stock under this Agreement if such issuance would breach Biota’s obligations under the rules or regulations of The NASDAQ Stock Market.
In the event the First Milestone Payment becomes due and Biota elects to make the First Milestone Payment by issuing shares of Biota Common Stock up to the Share Cap, then Biota undertakes pay to the Paying Agent in addition to the First Milestone Shares an amount in cash equal to the difference between the amount of the First Milestone Payment and the Reference Market Value for the First Milestone Shares being issued.
Additionally, another garage is located along KY 211 in the vicinity of where the project would start.