Examples of Notes Conversion Shares in a sentence
As long as any Holder owns Notes, Conversion Shares, Warrants or Warrant Shares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to Section 13(a) or 15(d) of the Exchange Act.
All references in this Section 3 to the Notes, Conversion Shares, Warrants or Warrant Shares shall be collectively referred to as the “Securities” unless the context requires otherwise.
An example of the calculation of the 2011 Notes Conversion Shares, provided for illustrative purposes only, is attached hereto as Annex A.
In the event that the Company consummates an initial public offering of its Common Stock (the “IPO”) prior to the Maturity Date, the Outstanding Amount under this Senior Note shall automatically convert into an amount of shares of Common Stock equal to the 2011 Notes Conversion Shares multiplied by the Note Percentage.
As long as any Holder owns any Notes, Conversion Shares, Warrants or Warrant Shares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to Section 13(a) or 15(d) of the Exchange Act.
Unless this Agreement is terminated under Section 9(o) of this Agreement, the representations and warranties of the Company and the Buyers contained in Sections 2 and 3 of this Agreement, and the indemnification provisions set forth in Section 8 of this Agreement, the agreements and covenants set forth in Sections 4, 5 and 9 of this Agreement shall survive until such time as no Notes, Conversion Shares, Warrants or Warrant Shares remain outstanding.
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If the Company shall fail to obtain the Requisite Vote by November 15, 2000, then any Purchaser may but shall not be obligated to cause the Company to repurchase all its Notes, Conversion Shares, Warrants and Warrant Shares at the applicable Premium Redemption Price.
Such Purchaser (a) is an “accredited investor”, as that term is defined in Regulation D under the Securities Act and (b) has such knowledge, skill, sophistication and experience in business and financial matters, based on actual participation, that it is capable of evaluating the merits and risks of the purchase and sale of the securities hereunder (including the Notes, Conversion Shares and the shares of Series B Preferred Stock) and the suitability thereof for such Purchaser.
The Notes, Conversion Shares and Rights, if and when sold, will be sold by certain security holders of the Company.