Common use of Dilutive Effect Clause in Contracts

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under this Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue Purchase Shares under this Agreement in accordance with the term and conditions hereof is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 17 contracts

Samples: Common Stock Purchase Agreement (Usurf America Inc), Stock Purchase Agreement (Usurf America Inc), Common Stock Purchase Agreement (U S Plastic Lumber Corp)

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Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under this Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue Purchase Shares under this Agreement in accordance with the term terms and conditions hereof is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Neoprobe Corp), Common Stock Purchase Agreement (Tset Inc), Copy Common Stock Purchase Agreement (Tset Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable to be issued under this Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue Purchase Shares the Securities under this Agreement in accordance with the term terms and conditions hereof is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Kma Global Solutions International Inc), Securities Purchase Agreement (Kma Global Solutions International Inc), Securities Purchase Agreement (Kma Global Solutions International Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under of Common Stock issuable pursuant to this Agreement will increase in certain circumstances. The Company further acknowledges that that, subject to such limitations as are expressly set forth in the Transaction Documents, its obligation to issue Purchase Warrant Shares under and Adjustment Shares and perform its other obligations pursuant to this Agreement in accordance with the term and conditions hereof is absolute and unconditional regardless of the dilutive effect that any such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 2 contracts

Samples: Common Stock Investment Agreement (Hollywood Com Inc), Common Stock Investment Agreement (Plato Learning Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Underlying Shares purchasable under this Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue Purchase the Underlying Shares under this Agreement pursuant to the terms of the Exchange Notes and the Exchange Warrants in accordance with the term and conditions hereof this Agreement is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders stockholders of the Company.

Appears in 1 contract

Samples: Securities Exchange Agreement (Agrify Corp)

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under this an Equity Purchase Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue Purchase Shares under this the Equity Purchase Agreement in accordance with the term and conditions hereof of the Equity Purchase Agreements is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 1 contract

Samples: Master Facility Agreement (Caredata Com Inc)

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under issuable upon purchases pursuant to this Agreement will increase in certain circumstances. The Company further acknowledges that that, subject to such limitations as are expressly set forth in the Transaction Documents, its obligation to issue Purchase Shares under upon purchases pursuant to this Agreement in accordance with the term and conditions hereof is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 1 contract

Samples: Common Stock Investment Agreement (Avanir Pharmaceuticals)

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under issuable upon purchases pursuant to this Agreement will increase in certain circumstances. The Company further acknowledges that that, subject to such limitations as are expressly set forth in the Transaction Documents, its obligation to issue Purchase Shares under upon purchases pursuant to this Agreement in accordance with the term and conditions hereof is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders stockholders of the Company.

Appears in 1 contract

Samples: Common Stock Investment Agreement (Autobond Acceptance Corp)

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Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under this Agreement issuable will increase in certain circumstances. The Company further acknowledges that its any obligation to issue Purchase the Shares under this Agreement in accordance with the term and conditions hereof is this Agreement is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gastar Exploration LTD)

Dilutive Effect. The Company understands and acknowledges that the number of Purchase Shares purchasable under of Common Stock issuable pursuant to this Agreement will increase in certain circumstances. The Company further acknowledges that that, subject to such limitations and conditions as are expressly set forth in the Transaction Documents, its obligation to issue Purchase Fill-up Warrants, Warrant Shares under and Additional Shares pursuant to this Agreement in accordance with the term and conditions hereof is absolute and unconditional regardless of the dilutive effect that any such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 1 contract

Samples: Common Stock Investment Agreement (Telular Corp)

Dilutive Effect. The Company understands and acknowledges --------------- that the number of Purchase Shares purchasable under issuable upon purchases pursuant to this Agreement will increase in certain circumstances. The Company further acknowledges that that, subject to such limitations as are expressly set forth in the Transaction Documents, its obligation to issue Purchase Shares under upon purchases pursuant to this Agreement in accordance with the term and conditions hereof is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Constellation 3d Inc)

Dilutive Effect. The Company understands and acknowledges that the number --------------- of Purchase Shares purchasable under this Agreement will increase in certain circumstances. The Company further acknowledges that its obligation to issue Purchase Shares under this Agreement in accordance with the term terms and conditions hereof is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interests of other shareholders of the Company.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Universe2u Inc)

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