Subsequent Equity Sales definition

Subsequent Equity Sales located in each of the Convertible Debentures, any reference to the “Base Conversion Price” and “Dilutive Issuance” (as set forth in the Convertible Debentures) and any other provision that triggers derivative accounting principles under Generally Accepted Accounting Practices (collectively the “Derivative Provisions”) in any Convertible Debenture documentation, including, without limitation all corresponding Securities Purchase Agreements are hereby deleted in their entirety.
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Subsequent Equity Sales shall have the meaning ascribed to such term in Section 3.10(a).
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Subsequent Equity Sales and “Registration Statement” Provisions in the March 2024 Purchase Agreement. The Company and the Holder hereby consent and agree that Sections 4.11(a), 4.11(b) and 4.15 of the March 2024 Purchase Agreement shall be removed in its entirety, effective immediately.
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Examples of Subsequent Equity Sales in a sentence

  • Notwithstanding anything herein to the contrary, only the original Holder of this Warrant (or any Attribution Parties of such Holder, any other Holder or any Attribution Parties of such other Holder (each, a “Permitted Holder”) shall benefit from this Section 3(b) and any assignees or transferees (other than any Permitted Holder) shall not receive any adjustment to their Exercise Price as a result of any Subsequent Equity Sales.

  • The Required Purchasers also waive compliance with the provisions of Section 4.15, "Participation in Future Financing," and Section 4.16, "Subsequent Equity Sales" solely with respect to the Investment.

  • With respect to the Placement Agent Securities, each of the representations and warranties (together with any related disclosure schedules thereto) and covenants made by the Company to the Purchasers in the Purchase Agreement in connection with the Placement, (other than Section 4.9 Subsequent Equity Sales of the Purchase Agreement and Section 4.10 Equal Treatment of Purchasers), is hereby incorporated herein by reference into this Agreement (as though fully restated herein).

  • Notwithstanding anything to the contrary herein, this Section 4.4 shall not apply to the following (a) the granting of options to employees, officers and directors of the Company pursuant to any stock option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, or (b) the exercise of any security issued Subsequent Equity Sales.

  • Each Purchaser agrees that Section 4.13 (Participation in Future Financing) and Section 4.14 (Subsequent Equity Sales) of the Purchase Agreement and Section 7 (Negative Covenants) of the Debenture document are specifically amended to enable the Company to sell up to $2,623,467 of additional Debentures without compliance with the terms set forth in those sections.

  • Each Purchaser consents to the Subsequent Financing for purposes of Section 10 of the Certificate of Designation and agrees that Section 4.13 (Participation in Future Financing) and Section 4.14 (Subsequent Equity Sales) of the Securities Purchase Agreement are specifically amended to enable the Company to sell up to $2,623,467 of additional Debentures without compliance with the terms set forth in those sections.

  • The Requisite Purchasers hereby agree to the deletion in its entirety of Section 4.9 of the Purchase Agreement regarding Subsequent Equity Sales.

  • Upon the terms and subject to the conditions set forth in this Agreement, effective as of the First Closing, the Company Warrants dated January 10, 2007, without any further action by the Company or the Holders thereof, shall be amended to delete Sections 3.b) (Subsequent Equity Sales), 3.c) (Subsequent Rights Offerings) and 3.

  • The Conversion Price shall be adjusted under the following circumstances: Subsequent Equity Sales.

  • Solely with respect to the Second Closing, each Purchaser hereby waives any rights that it may have under Sections 2.2 (Deliveries), 4.12 (Participation in Future Financing), 4.13(b) (Subsequent Equity Sales), 4.14 (Equal Treatment of Purchasers) and 4.17 (Most Favored Nation Provision) of the Purchase Agreement, including the notice provisions thereof.


More Definitions of Subsequent Equity Sales

Subsequent Equity Sales is hereby deleted in its entirety.
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Related to Subsequent Equity Sales

  • Next Equity Financing means the next sale (or series of related sales) by the Company of its Preferred Stock following the Date of Issuance from which the Company receives gross proceeds of not less than $1,000,000 (excluding the aggregate amount of securities converted into Preferred Stock in connection with such sale (or series of related sales)).

  • Net Equity ’ means, subject to such rules and regulations as the Commission pro- mulgates under the Act, with respect to the aggregate of all of a customer’s accounts that such customer has in the same capacity—

  • First Equity Financing Price means (x) if the pre-money valuation of the Company immediately prior to the First Equity Financing is less than or equal to the Valuation Cap, the lowest price per share of the Equity Securities sold in the First Equity Financing or (y) if the pre-money valuation of the Company immediately prior to the First Equity Financing is greater than the Valuation Cap, the SAFE Price.

  • Subsequent Sale means the sale of additional Securitization Property by the Seller to the Issuer after the Initial Transfer Date, subject to the satisfaction of the conditions specified in the Sale Agreement and the Indenture.

  • Make-Whole Acquisition Stock Price means the price paid per share of Common Stock in the event of a Make-Whole Acquisition. If the holders of shares of Common Stock receive only cash in the Make-Whole Acquisition, the Make-Whole Acquisition Stock Price shall be the cash amount paid per share of Common Stock. Otherwise, the Make-Whole Acquisition Stock Price shall be the average of the Closing Price per share of Common Stock on the 10 Trading Days up to, but not including, the Make-Whole Acquisition Effective Date.