Equity Conditions Definition Example with 4 Variations

Equity Conditions. During means, during the period in question, (a) the Company shall have duly honored all conversions and redemptions scheduled to occur or occurring by virtue of one or more Notices of Conversion of the Holder, if any, (b) the Company shall have paid all liquidated damages and other amounts owing to the Holder in respect of this Debenture, Note, (c)(i) there is an effective Registration Statement registration statement pursuant to which the Holder is permitted to utilize the prospectus... thereunder to resell all of the shares of Common Shares Stock issuable pursuant to the Transaction Documents (and the Company believes, in good faith, that such effectiveness will continue uninterrupted for the foreseeable future) or (ii) all of the Conversion Shares and Warrant Shares issuable pursuant to the Transaction Documents (and shares issuable in lieu of cash payments of interest) may be resold pursuant to Rule 144 without volume or manner-of-sale restrictions or current public information requirements as determined by the counsel to the Company as set forth in a written opinion letter to such effect, addressed and reasonably acceptable to the Transfer Agent and the Holder, (d) the Common Shares are Stock is trading on a Trading Market and all of the shares issuable pursuant to the Transaction Documents are listed or quoted for trading on such Trading Market (and the Company believes, in good faith, that trading of the Common Shares Stock on a Trading Market will continue uninterrupted for the foreseeable future), (e) there is a sufficient number of authorized but unissued and otherwise unreserved shares of Common Shares Stock for the issuance of all of the shares then issuable pursuant to the Transaction Documents, (f) there is no existing Event of Default and no existing event which, with the passage of time or the giving of notice, would constitute an Event of Default, (g) the issuance of the shares in question (or, in the case of an Optional Repayment, the shares issuable upon conversion in full of the Optional Repayment Amount) to the Holder would not violate the limitations set forth in Section 4(d) herein, (h) there has been no public announcement of a pending or proposed Fundamental Transaction or Change of Control Transaction that has not been consummated, and (i) the applicable Holder is not in possession of any information provided by the Company, any of its Subsidiaries, or any of their officers, directors, employees, agents or Affiliates, Company that constitutes, or may constitute, material non-public information information, and (j) the Company has timely filed (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 the Exchange Act View More

Equity Conditions. During during the period in question, (a) the Company shall have duly honored all conversions and redemptions exercises scheduled to occur or occurring by virtue of one or more Exercise Notices of Conversion of the Holder, applicable Holder on or prior to the dates so requested or required, if any, (b) the Company shall have paid all liquidated damages and other amounts owing to the applicable Holder in respect of this Debenture, (c)(i) Warrant and the other Transaction Documents, (c) (i) there... is an effective Registration Statement registration statement pursuant to which the Holder is Holders are permitted to utilize the prospectus thereunder to resell all of the Common Underlying Shares issuable pursuant to the Transaction Documents (and the Company believes, in good faith, that such effectiveness will continue uninterrupted for the foreseeable future) future), or (ii) all of the Conversion Underlying Shares issuable pursuant to the Transaction Documents (and shares issuable in lieu of cash payments of interest) may be resold pursuant to Rule 144 without volume or manner-of-sale restrictions or current public information requirements as determined confirmed by the counsel to the Company as set forth in a written opinion letter to such effect, addressed and reasonably acceptable to the Company's Transfer Agent and the Holder, affected Holders, (d) the Common Shares are Stock is trading on a Trading the Nasdaq Capital Market and all of the shares issuable pursuant to the Transaction Documents are listed or quoted for trading on such Trading Market (and the Company believes, in good faith, that trading of the Common Shares Stock on a Trading Market will continue uninterrupted for the foreseeable future), (e) there is a sufficient number of authorized authorized, but unissued and otherwise unreserved, shares of Common Shares Stock for the issuance of all of the shares then issuable pursuant to the Transaction Documents, (f) there is no existing an Event of Default and has not occurred, whether or not such Event of Default has been cured (other than an Event of Default set forth in clause (xv) of the definition of Event of Default which has been cured), (g) there is no existing event which, with the passage of time or the giving of notice, would constitute an Event of Default, (g) (h) the issuance of the shares in question (or, in the case of an Optional Repayment, the shares issuable upon conversion in full of the Optional Repayment Amount) to the applicable Holder would not violate exceed the limitations set forth in Section 4(d) herein, (h) Beneficial Ownership Limitation, (i) there has been no public announcement of a pending or proposed Fundamental Transaction or Change of Control Transaction that has not been consummated, and (i) (j) the applicable Holder is not in possession of any information provided by the Company, any of its Subsidiaries, or any of their officers, directors, employees, agents or Affiliates, Company that constitutes, or may constitute, material non-public information information, (k) Shareholder Approval has been obtained, and (l) a Public Information Failure is not pending View More

Equity Conditions. During means, during the period in question, (a) the Company shall have duly honored all conversions and redemptions scheduled to occur or occurring by virtue of one or more Notices of Conversion of the Holder, if any, (b) the Company shall have paid all liquidated damages and other amounts owing to the Holder in respect of this Debenture, (c)(i) there is an effective Registration Statement pursuant to which the Holder is permitted to utilize the prospectus thereunder to resell all of the shares of Common Shares Stock issuable pursuant to the Transaction Documents this Debenture (and the Company believes, in good faith, that such effectiveness will continue uninterrupted for the foreseeable future) or (ii) all of the Conversion Shares issuable pursuant to the Transaction Documents this Debenture (and shares issuable in lieu of cash payments of interest) may be resold pursuant to Rule 144 without volume or manner-of-sale restrictions or current public information requirements as determined by the counsel to the Company as set forth in a written opinion letter to such effect, addressed and reasonably acceptable to the Transfer Agent and the Holder, (d) the Common Shares are Stock is trading on a Trading Market and all of the shares issuable pursuant to the Transaction Documents this Debenture are listed or quoted for trading on such Trading Market (and the Company believes, in good faith, that trading of the Common Shares Stock on a Trading Market will continue uninterrupted for the foreseeable future), (e) there is a sufficient number of authorized but unissued and otherwise unreserved shares of Common Shares Stock for the issuance of all of the shares then issuable pursuant to the Transaction Documents, this Debenture, (f) there is no existing Event of Default and no existing event which, with the passage of time or the giving of notice, would constitute an Event of Default, (g) the issuance of the shares in question (or, in the case of an Optional Repayment, the shares issuable upon conversion in full of the Optional Repayment Amount) to the Holder would not violate the limitations set forth in Section 4(d) herein, (h) there has been no public announcement of a pending or proposed Fundamental Transaction or Change of Control Transaction that has not been consummated, and (i) the applicable Holder is not in possession of any information provided by the Company, any of its Subsidiaries, or any of their officers, directors, employees, agents or Affiliates, Company that constitutes, or may constitute, material non-public information information, and (j) the Company has timely filed (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 the Exchange Act View More

Equity Conditions. During means, during the period in question, (a) (i) the Company Corporation shall have duly honored all conversions and redemptions scheduled to occur or occurring by virtue of one or more Conversion Notices of Conversion of the Holder, Holder on or prior to the dates so requested or required, if any, (b) (ii) the Company Corporation shall have paid all liquidated damages and not be in default in the payment of any Series D Dividends or any other amounts owing to amount payable under the ... class="diff-color-red">Holder in respect of this Debenture, (c)(i) Transaction Documents, (iii) there is an effective Registration Statement pursuant to which the Holder is permitted to utilize the prospectus thereunder to resell all of the shares of Common Shares Stock issuable pursuant to the Transaction Documents (and the Company Corporation believes, in good faith, that such effectiveness will continue uninterrupted for the foreseeable future) or (ii) all of the Conversion Shares issuable pursuant such shares of Common Stock are then eligible to the Transaction Documents (and shares issuable in lieu of cash payments of interest) may be resold sold without restriction pursuant to Rule 144 without volume or manner-of-sale restrictions or current public information requirements as determined by the counsel to the Company as set forth in a written opinion letter to such effect, addressed and reasonably acceptable to the Transfer Agent and the Holder, (d) 144, (iv) the Common Shares are Stock is trading on a Trading an Eligible Market and all of the shares issuable pursuant to the Transaction Documents are listed or quoted for trading on such Trading Eligible Market (and the Company Corporation believes, in good faith, that trading of the Common Shares Stock on a Trading an Eligible Market will continue uninterrupted for the foreseeable future), (e) (v) there is a sufficient number of authorized authorized, but unissued and otherwise unreserved, shares of Common Shares Stock for the issuance of all of the shares then of Common Stock issuable pursuant to the Transaction Documents, (f) there is no existing Event of Default and no existing event which, with the passage of time or the giving of notice, would constitute an Event of Default, (g) the issuance of the shares in question (or, in the case of an Optional Repayment, the shares issuable upon conversion in full of the Optional Repayment Amount) to the Holder would not violate the limitations set forth in Section 4(d) herein, (h) (vi) there has been no public announcement of a pending or proposed Fundamental Transaction or Change of Control Transaction that has not been consummated, consummated and (i) the applicable (vii) no Holder is not in possession of any information provided furnished by the Company, any of its Subsidiaries, or any of their officers, directors, employees, agents or Affiliates, Corporation to such Holder that constitutes, or may constitute, material non-public information information. View More

Found in Speed Commerce, Inc. contract