Examples of Overallotment Right in a sentence
The Registration Statement is effective under the Securities Act, including, without limitation, with respect to the issuance or resale of the Overallotment Shares pursuant to the Overallotment Right, and no stop order preventing or suspending the effectiveness of the Registration Statement or suspending or preventing the use of the Prospectus has been issued by the Commission and no proceedings for that purpose have been instituted or, to the knowledge of the Company, are threatened by the Commission.
The Company shall use best efforts to keep a registration statement (including the Registration Statement) registering the issuance or resale of the Shares (including the issuance of Overallotment Shares pursuant to the Overallotment Right) effective during the term of the Overallotment Right.
The foregoing notwithstanding, the Paying Agent, in its capacity as Transfer Agent, Paying Agent and Subscription Rights Agent (as defined below), will be authorized and instructed to net from any cash owing to a holder of Company Common Shares any monies due and owing in respect of the Basic Subscription Privilege (as defined below), the Oversubscription Privilege (as defined below) or the Over-allotment Right (as defined below), as applicable.
Section 4.02(b) Over-allotment Right...............................
The Company has prepared and filed a registration statement(s) in conformity with the requirements of the Securities Act, which is currently effective and available for use by the Company for the sale, or by the Holder for resale, as the case may be, of the Purchase Shares pursuant to cancellation of the Overallotment Right.
All warranties and representations (as of the date such warranties and representations were made) made herein or in any certificate or other instrument delivered by it or on its behalf under this Agreement shall be considered to have been relied upon by the parties hereto and shall survive the exercise of the Overallotment Right and the issuance of the Warrants.
As consideration for the purchase of the Purchase Shares hereunder, the parties hereby agree to terminate and cancel the existing Overallotment Right and issue in lieu of such Overallotment Right the Warrant to purchase up to 2,735,000 shares of Common Stock, with an exercise price of $5.15 and a term of exercise of 2.5 years commencing 6 months following issuance, otherwise in the form attached hereto as Exhibit A hereto (the “Warrant”).
The Overallotment Shares shall be on the same terms and conditions as the sale of the Shares at the Initial Closing except that the price per Overallotment Share shall be $10.00 (subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement) and except that Section 4.7 of this Agreement shall not be extended or renewed by virtue of the exercise of the Overallotment Right.
The Overallotment Shares shall be on the same terms and conditions as the sale of the Shares at the Initial Closing except that the price per Overallotment Share shall be $7.50 (subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement) and except that Section 4.12 of this Agreement shall not be extended or renewed by virtue of the exercise of the Overallotment Right.