Note Shares definition
Examples of Note Shares in a sentence
For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date regardless of whether any VWAP Purchases are made hereunder or any subsequent termination of this Agreement.
The Note Shares to be issued under this Agreement have been, or with respect to Shares to be purchased by the Investor pursuant to a particular VWAP Purchase Notice, will be, prior to the delivery to the Investor hereunder of such Note Shares or VWAP Purchase Notice, respectively, duly authorized by all necessary corporate action on the part of the Company.
For the avoidance of doubt, all Shares and Note Shares to be issued from and after Commencement to or for the benefit of the Investor pursuant to this Agreement shall be issued to the Investor or its designee only as DWAC Shares.
For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date, regardless of whether any VWAP Purchases are effected hereunder and regardless of any subsequent termination of this Agreement.
The number of shares of Common Stock so reserved for the purpose of issuing the Note Shares and effecting VWAP Purchases under this Agreement may be increased from time to time by the Company from and after the Commencement Date, and such number of reserved shares may be reduced from and after the Commencement Date only by the number of Shares actually issued, sold and delivered to the Investor pursuant to any VWAP Purchase effected from and after the Commencement Date pursuant to this Agreement.