Examples of KIT Common Shares in a sentence
No approval by KIT’s shareholders is required to consummate the transactions contemplated by this Agreement, including the issuance of KIT Common Shares comprising the Merger Consideration.
The number of KIT Common Shares payable in respect of the Second Anniversary Earn Out shall be determined by dividing (x) the Second Anniversary Earn Out by (y) the Weighted Average Price for the 20 trading days immediately preceding the Second Anniversary Date.
The parties hereto acknowledge that the provision of the Funding Amount is intended as an indirect subscription by the Participating Stockholders to purchase KIT Common Shares at $11.00 per KIT Common Share.
KIT in its sole and absolute discretion may deliver cash to the Company in lieu of delivering any or all KIT Common Shares pursuant to any of the preceding provisions of this Section 2.
Subject to the terms of this Agreement, including Section 2.6, promptly after the Effective Time, KIT and Merger Sub shall deposit or cause to be issued and delivered to each of Participating Stockholders a number of KIT Common Shares equal its share of the Merger Consideration, less its share of the Escrow Fund and (ii) the Escrow Agent, an amount equal to the Escrow Fund.
Where the aggregate number of KIT Common Shares deliverable to any Person pursuant to this Agreement is less than a whole share, then the number of shares of KIT Common Shares issuable to such Person shall be rounded to the nearest whole share.
KIT agrees to use all reasonable efforts to cause the KIT Common Shares issuable in connection with this Agreement, upon official notice of issuance, to be authorized for quotation on NASDAQ.
Where the aggregate number of KIT Common Shares deliverable to any Person pursuant to this Agreement either pursuant to Section 2.5 or upon any release of the Escrow Fund is less than a whole share, then the number of KIT Common Shares issuable to such Person shall be rounded down to the next lower whole share.
Any and all material consents, waivers, permits and approvals from any Governmental Authority required in connection with the execution, delivery and performance of this Agreement shall have been duly obtained and shall be in full force and effect on the Closing Date; except that a listing application for the KIT Common Shares issued in connection with this transaction will not be effective until after the Closing.
Where the aggregate number of KIT Common Shares deliverable to any Person pursuant to this Agreement either pursuant to Section 2.5 or upon any release of the Escrow Fund is less than a whole share, then the number of KIT Common Shares issuable to such Person shall be rounded to the nearest whole share.