Examples of Biovest Common Stock in a sentence
Sales of the Conversion Shares by the Holder will be subject to, and the Holder will comply with, the limitations on the number of shares of Biovest Common Stock that may be sold from time to time contained in Rule 144(e) of the Rules and Regulations under the Securities Act of 1933, as amended, promulgated by the United States Securities and Exchange Commission (“Rule 144”), without regard to whether or not the Holder is considered an “Affiliate” of the Company for purposes of Rule 144(e).
At any time after the date hereof, the Company may elect to convert all or a portion of the principal and all accrued and unpaid interest thereon outstanding under this Note into shares of Biovest Common Stock (a “Conversion Election”) upon prior written notice to, and the written consent of, the Holder.
During the period this conversion right remains outstanding, the Company will reserve from its authorized and unissued Biovest Common Stock a sufficient number of shares to provide for the issuance of the Conversion Shares upon the full conversion of this Note.
This Anti-Dilution adjustment shall NOT apply to any issuance of Biovest Common Stock or Biovest Common Stock Equivalents pursuant to the exercise of options pursuant to any Stock Option Plan or Equity Incentive Plan of Biovest.
The Debtors do not believe that the Holders of Class 12 Equity Interests are Impaired by the Plan, since their shares of Existing Biovest Common Stock were subject to significant dilution as of the Petition Date.
At any time after the Effective Date hereof until the balance due from Biovest to Accentia pursuant to certain outstanding Demand Promissory Notes, including any additional sums which may become due from Biovest to Accentia and any interest which may accrue thereupon (collectively the “Inter-Company Debt”) is no longer outstanding, this Inter-Company Debt shall be convertible, in whole or in part, into shares of Biovest Common Stock at the option of Accentia.
Reorganized Biovest shall issue and distribute, in accordance with the provisions of the Modified Plan and this Confirmation Order, shares of Reorganized Biovest Common Stock to those Holders of Claims entitled to receive the Plan Shares under the Modified Plan.
To the extent requested by the Holder of an Allowed Class 12 Equity Interest, such Holder shall receive, upon surrender to the Transfer Agent of a stock certificate evidencing shares of Existing Biovest Common Stock, a new certificate representing the Class 12 Plan Shares.
Each of the other Prepetition Lenders has (i) filed a ballot with the Court voting in favor of and accepting its treatment under the Biovest Plan, (ii) elected to receive shares of Biovest Common Stock in exchange for its claims against Biovest, and (iii) agreed to release its Prepetition Liens against the Prepetition Collateral.
All representations, warranties, covenants, undertakings and agreements made herein shall survive the Closing, notwithstanding any custom or law to the contrary and notwithstanding the delivery of the Biovest Common Stock and the acceptance thereof.