Examples of Exchange Cap in a sentence

The Exchange Cap has not been reached (to the extent the Exchange Cap is applicable pursuant to Section 7.1(d) hereof).
Until such Required Approval has been obtained, the Purchaser will neither vote its Preferred Shares nor (ii) convert its Preferred Shares into Conversion Shares, nor shall it exercise any portion of the Warrant, subject to the Exchange Cap.
The Exchange Cap shall be reduced, on a share-for-share basis, by the number of shares of Common Stock issued or issuable that may be aggregated with the transactions contemplated by this Agreement under applicable rules of the Principal Market.
Notwithstanding anything contained in any Transaction Document to the contrary, the parties covenant and agree that the Purchaser shall not convert any Preferred Shares, sell any Conversion Shares, exercise any Warrants or sell any Warrants to the extent it would exceed the Exchange Cap, unless and until the Company obtains Exchange Approval and Stockholder Approval of the Transaction in accordance with the Principal Market Rules.

More Definitions of Exchange Cap

Exchange Cap shall have the meaning set forth in Section 5.10;

Exchange Cap shall have the meaning set forth in Section 4(e).

Exchange Cap means that number of shares of Common Stock or Common Stock Equivalents pursuant to this Agreement and the other Transaction Documents to the extent that after giving effect thereto, the aggregate number of shares of Common Stock that would be issued as well as permitted to vote pursuant to this Agreement and such Transaction Documents would not exceed 19.99% of the Company’s outstanding shares of Common Stock as of the date hereof.

Exchange Cap has the meaning set forth in Section 5(b).

Exchange Cap has the meaning set forth in Section 2.4(a).

Exchange Cap shall have the meaning assigned to such term in Section 3.3(i) of this Agreement.

Exchange Cap shall have the meaning set forth in Section 1.16.