Examples of Collateral Shares in a sentence
Notwithstanding any other provision of the Finance Documents to the contrary, any sale, transfer or other disposition of Nasdaq Collateral Shares by the Security Agent must be a Qualifying Disposition.
The Acuity Collateral Shares were issued under the Company’s existing placement capacity pursuant to ASX Listing Rule 7.1. The Acuity Collateral Shares constitute a security for the obligations owed by the Company to Acuity Capital under the CPA, including the obligation of the Company to issue Shares in accordance with an Exercise Notice (Option Shares) (refer to Schedule 6 for further details).
SMI may at any time in its sole discretion, and in any event no later than five business days after the Final Date will, pay to the Company in immediately available funds an amount (as discharge of the security represented by the Collateral Shares and in full and final settlement of all liabilities of SMI in connection with the Collateral Shares) equal to the number of Collateral Shares, multiplied by the Purchase Price B as would apply at that time.
Upon termination of the SPA (or at such earlier time as determined by SPA), SMI will pay the Company for the SMI Collateral Shares in accordance with a pre-agreed pricing formula.
Where the Company is not able or fails to issue Option Shares in accordance with an Exercise Notice and Acuity Capital has made the corresponding payment to the Company for those Option Shares, Acuity Capital may, though is not required, to retain the Acuity Collateral Shares.