Contract Date definition
Examples of Contract Date in a sentence
Seller acknowledges that Buyer is required to file a Current Report on Form 8-K with the U.S. Securities and Exchange Commission within four (4) Business Days of the Contract Date disclosing this Agreement and the material terms hereof, including the issuance of the Series C Preferred and the filing of the Certificate of Designation, and Seller consents to such disclosure.
Notwithstanding anything to the contrary in this Agreement, Buyer shall not issue Common Stock under this Agreement in an amount that, together with any shares aggregable therewith under the rules of The Nasdaq Stock Market LLC (“Nasdaq”), would exceed 19.99% of the shares of Common Stock outstanding immediately prior to the Contract Date (the “Exchange Cap”), unless and until Buyer’s stockholders approve such issuance in accordance with Nasdaq Listing Rules 5635(a) and 5635(d).