Incentive Shares. As an inducement for this investment the Company shall issue to the Holder two hundred and fifty thousand (250,000) shares. *.*.*
Incentive Shares. Under the IPO Management Agreement, the Manager was engaged to provide certain Strategic Services (as defined therein), which services included certain Pre-delivery Services as set out herein. In respect of such Strategic Services, which were subcontracted to the Advisor, the Advisor received 100 Incentive Shares having an aggregate purchase price of $1,000. The Company, the Manager and the Advisor each acknowledge that the Incentive Shares were issued to the Advisor, in part, as consideration for the provision of the Pre-Delivery Services hereunder.
Incentive Shares. As an inducement for this investment the Company shall issue to the Holder or its designee Five Hundred Thousand (500,000) shares.
Incentive Shares. The Advisor shall not transfer, sell or dispose of the Incentive Shares to another Person (other than to its Affiliates, an Affiliate of the Manager or members of the Existing Ownership Group) for the Term.
Incentive Shares. For the provision of the Strategic Services, the Advisor shall subscribe for, concurrently with the Public Offering, and the Company shall issue to the Advisor, 100 Incentive Shares having an aggregate purchase price of $1,000. The Advisor may dispose of, and the Company may repurchase, the Incentive Shares in accordance with Section 10.6 below.
Incentive Shares. If Participant remains an Employee through the end of the Service Period, Participant will become entitled to receive the Incentive Shares. In the event Participant terminates Employment before the end of the Service Period, Participant will be entitled to receive the number of Incentive Shares, if any, described in Section 2.3 Any portion of this Award that does not become Vested pursuant to this Agreement will be canceled and Participant will not receive any Shares or other payment with respect to such non-Vested portion of the Award.
Incentive Shares. In addition to the legends required by Section 3.2(a) above, the following legend shall appear on certificates representing Incentive Shares (except those Incentive Shares owned by Roj), provided, that the Company's failure to cause certificates representing Incentive Shares to bear such legend shall not affect the Company's Purchase Option described in Section 6.3: THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ALSO SUBJECT FOR A PERIOD OF TIME TO A PURCHASE OPTION OF THE COMPANY APPLICABLE TO "INCENTIVE SHARES" AS DESCRIBED IN THE SECURITIES EXCHANGE, PURCHASE AND HOLDERS AGREEMENT BY AND AMONG THE COMPANY AND THE HOLDERS SPECIFIED THEREIN, A COPY OF WHICH AGREEMENT IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY.
Incentive Shares. On the Closing Date, the Company will issue to the Subscriber an aggregate of 2,050,128 Incentive Shares The Incentive Shares will be fully paid and non-assessable..
Incentive Shares. (a) All Incentive Shares shall be issued in one or more series (each, a “Series”) as shall be determined by the Board of Directors. Unless otherwise determined by the Board of Directors, each Incentive Share with a different Floor Amount shall be designated as a separate Series of Incentive Shares. All Series of Incentive Shares shall have the same rights, powers and duties as all other Series of Incentive Shares, except with respect to the right to receive distributions and related payments from the Company (which shall be determined in accordance with the applicable provisions of this Agreement) and the right to vote on matters under this Agreement. The Incentive Shares shall have the voting, distribution, liquidation and other rights as set forth in this Agreement, subject to and qualified by the rights of the holders of the Common Shares and Preferred Shares set forth in this Agreement.
Incentive Shares. As additional consideration for each Purchaser’s purchase of Debentures hereunder, the Company shall issue to each Purchaser, by no later than five (5) Business Days from the date hereof (the “Incentive Shares Delivery Deadline”), a number of shares of the Company’s Common Stock equal to 35% of such Purchaser’s Subscription Amount (without regard for any beneficial ownership limitations) divided by the lower of (i) the closing price of the Common Stock on the Closing Date or (ii) the average of the VWAP of the Company’s Common Stock during the ten (10) Trading Day period immediately prior to the initial Closing Date (the “Incentive Shares”). The Company shall instruct its Transfer Agent to issue one (1) certificate or book entry statement, representing the Incentive Shares issuable to the Purchaser, immediately upon the Company's execution of this Agreement, and shall cause its Transfer Agent to deliver such certificate or book entry statement to each Purchaser on or before the Incentive Shares Delivery Deadline. The failure by the Company to cause the Transfer Agent to deliver to any Purchaser the certificates or book entry representing the Incentive Shares issuable to such Purchaser hereunder on or prior to the Incentive Shares Delivery Deadline shall be an immediate default under this Agreement, the Debentures, the Warrants and any other documents or agreements executed in connection with the transactions contemplated under the Transaction Documents. The Incentive Shares, when issued, shall be deemed to be validly issued, fully paid, and non-assessable shares of the Company’s Common Stock. For the avoidance of doubt, the Incentive Shares shall be deemed fully earned by each Purchaser as of the date hereof and each Purchaser shall be deemed to be the holder of the Incentive Shares on the Closing Date regardless of the delivery of the book entry confirmation or physical certificate. The number of Incentive Shares to be issued to each Purchaser is set forth on such Purchaser’s signature page hereto.
