Issuance of Additional Equity Securities. This Article VI shall be subject to and, to the extent necessary, amended to reflect the issuance by the Company of any additional Equity Securities.
Issuance of Additional Equity Securities. The Borrower shall be restricted from issuing additional equity securities (other than (i) shares reserved as employee shares under an option pool, (ii) shares issued for consideration other than cash pursuant to a merger, consolidation, acquisition, or similar business combination approved by the Lender; and (iii) shares issued pursuant to any equipment loan or leasing arrangement, real property leasing arrangement or debt financing from a bank or similar financial institution approved by the Lender) which reduce the Guarantor's interest in the Borrower below thirty-five percent (35%). In the event that the Guarantor acquires any of the additional equity securities issued by the Borrower, the Borrower's right, title and interest in such securities shall be pledged and assigned to the Lender as collateral for the Neptune Debt pursuant to the Pledge Agreement and Assignment dated as of September 15, 2005.
Issuance of Additional Equity Securities. The Company hereby grants to each Buyer (in such capacity, each, a "Pre-emptive Stockholder") the right to purchase its Preemptive Right Allocation of any new Equity Securities (other than any Excluded Securities) (the "New Securities") that the Company may from time to time propose to issue or sell to any party within the two year period commencing on the Initial Closing Date or, if the Optional Share Closing occurs, the Optional Share Closing Date (such two-year period, the “Option Period”).
Issuance of Additional Equity Securities. The issuance of the Preferred Shares, the Conversion Shares, the Series C Preferred Stock, the Series D Preferred Stock, the Series D Conversion Shares and the Transfer Conversion Shares as contemplated by this agreement, does not require the approval of the any of the Company's shareholders under state or federal law or regulations, or Nasdaq Marketplace Rules.
Issuance of Additional Equity Securities. Subject to compliance with Section 3.1(c), the Board shall have the right and power to authorize and cause the Company to create or issue additional Units or other Equity Securities, and, in such event, the right and power to amend this Agreement or the Schedule of Unitholders to reflect such additional issuances and dilution and, subject to Section 14.2, to make any such other amendments as it deems necessary or desirable to reflect such additional issuances (including amending this Agreement to create and authorize a new class, group or series of Equity Securities and to add the terms of such new class, group or series, including economic and governance rights which may be different from, senior to or more favorable than the other existing Equity Securities), in each case without the approval or consent of any other Person. Any Person who acquires Equity Securities may be admitted to the Company as a Member pursuant to the terms of Section 10.2. In connection with any issuance of Equity Securities, the Person who acquires such Equity Securities shall execute a counterpart or an acceptable joinder to this Agreement, accepting and agreeing to be bound by all terms and conditions hereof, and shall enter into such Equity Agreements and other documents, instruments and agreements to effect such purchase as are required by the Board. Each Person who acquires Equity Securities shall, in exchange for such Equity Securities, make a Capital Contribution to the Company in an amount to be determined by the Board in its sole discretion.
Issuance of Additional Equity Securities. (a) Subject to compliance with Section 2.3, and except as otherwise expressly provided in this Agreement, the Board shall have the right to cause the Company to issue additional Equity Securities (including creating other classes or series thereof having different rights); provided, however, that at any time following the date hereof, the Company shall not issue Equity Securities to any Person unless such Person shall have executed a counterpart to this Agreement.
Issuance of Additional Equity Securities. The Company hereby grants each Member the right to purchase its Pro Rata Share of any new Equity Securities (other than any Excluded Securities) (the “New Securities”) that the Company may from time to time propose to issue or sell to any party.
Issuance of Additional Equity Securities. Prior to the Expiration Date, the parties agree that, without the prior consent of a Majority in Interest of the Lenders Group, the Company shall not issue any additional shares of capital stock, whether voting or non-voting, or any options, warrants or other rights to purchase or acquire any such stock (whether or not at the time exercisable), or any securities which are convertible into or exchangeable for such stock (whether or not at the time so convertible or exchangeable), or any options, warrants or other rights to purchase or acquire such convertible or exchangeable securities (whether or not at the time exercisable), or any voting debt securities that would result, immediately after such issuance, in a decrease in the Conversion Price (as defined in the Certificate of Designations) of the Series A Convertible Preferred Stock unless all of the holders of the Series A Convertible Preferred Stock agree in writing to waive such decrease in the Conversion Price. For the avoidance of doubt, the foregoing shall not apply to any shares of Common Stock issued (i) upon conversion of shares of Series A Convertible Preferred Stock or the exercise of Warrants, (ii) to employees, consultants or directors pursuant to the terms of the Stock Option Plan or any other stock option, stock grant, stock purchase or similar plans or arrangements duly approved by the Board of Directors in accordance with Section 7.18 (as applicable), (iii) as a dividend or other distribution on the Common Stock, or (iv) in connection with a subdivision or reclassification of shares of Common Stock into a greater number of shares.
Issuance of Additional Equity Securities. The Corporation shall not, at any time, issue any additional equity securities for a consideration per share (computed as provided in the next sentence of this Section 2.05, less than the fair market value of such securities on the date the Board determines to issue such securities (or to grant rights, options, or securities convertible or exchangeable therefor), except that, in the case of Common Stock issuable under a stock option plan approved prior to the date hereof by the Board, options may be granted, and shares of Common Stock may be issued, at purchase prices less than such fair market value; PROVIDED, HOWEVER, that the number of shares issuable under such plans may not be increased. To the extent that any additional equity securities, or any securities that are exercisable for or convertible or exchanged into, directly or indirectly, equity securities shall be issued or granted for a cash consideration (excluding any securities issued pursuant to commitments outstanding prior to the date hereof), the consideration received by the Corporation therefor shall be deemed to be the amount of cash received, excluding amounts paid or payable for accrued interest or accrued dividends, but without deducting commissions and expenses paid or incurred by the Corporation for any underwriting of, or otherwise in connection with, the issue or sale thereof; and, to the extent that such issue or grant shall be for a consideration other than cash, then, for purposes of this Section and except as herein otherwise expressly provided, the amount of such consideration shall be deemed to be such amount as shall be determined by the Corporation as the fair value of such consideration at the time of such issue or grant. For the purposes of this Section, the fair market value of any securities that are exercisable for or convertible or changeable into, directly or indirectly, other securities, shall be equal to the fair market value of the underlying securities. The consideration for any securities that are exercisable for or convertible or changeable into, directly or indirectly, other securities, shall (i) in the case of additional shares issued or issuable pursuant to rights or options, be the consideration received by the Corporation for granting such rights or options plus the additional consideration paid or payable to the Corporation upon the exercise of such rights or options, and (ii) in the case of additional shares issued or issuable pursuant to the terms of a c...
Issuance of Additional Equity Securities. The Company hereby grants to the Holder the right to purchase up to its Pro Rata Portion of any new Equity Securities (other than Excluded Securities) (collectively, “New Securities”) that the Company may from time to time propose to issue or sell to any Person; provided, however, that the Holder shall not acquire more than $20 million in the aggregate of New Securities pursuant to this Section 5(h) (the “Maximum Issuance”).
