Equity Conditions Definition Example with 15 Variations

Equity Conditions. Means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder pursuant to an effective Registration Statement covering the Underlying Shares or all such shares may be sold without volume restrictions pursuant to Rule... 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible the Trading Market and such shares of Common Stock are approved for listing upon issuance; (iv) such issuance would be permitted in full without violating Section 6(b) hereof or the rules or regulations of any Trading Market; (v) (iii) no Bankruptcy Event has occurred; (vi) (iv) the Company conversion of the Series E Preferred Stock is permitted by the Trading Market and all other applicable laws, rules and regulations; and (v) the Corporation is not in default with respect to any material obligation hereunder or under any other Transaction Document; and (vii) no public announcement of a pending or proposed Change of Control transaction has occurred that has not been consummated. Document View More

Equity Conditions. Means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder Holders and may be sold by the Holder Holders pursuant to an effective Underlying Shares Registration Statement covering the Underlying Shares or all such shares may be sold without volume... restrictions pursuant to Rule 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible Market and such shares of Common Stock are approved for listing upon issuance; (iv) such issuance would be permitted in full without violating Section 6(b) 18 hereof or the rules or regulations of any Trading Market; (v) no Bankruptcy Event has occurred; (vi) unless the Company Corporation has obtained shareholder approval in accordance with the rules and regulations of its Trading Market, the aggregate amount of Common Stock issued to the Purchasers (taking into account the current contemplated issuance of Common Stock) is less than 6,986,734 shares; (vii) the Corporation is not in default with respect to any material obligation hereunder or under any other Transaction Document; and (vii) no public announcement (viii) none of the following events have occurred and are continuing (A) an event constituting a pending Triggering Event or (B) an event that with the passage of time and without being cured would constitute a Triggering Event other than a pending, proposed or intended Change of Control transaction has occurred Control. For the purposes of this definition, shares of Series A-2 Preferred that has are not been consummated. outstanding shall be deemed to have a conversion price of $7.00 (as adjusted for stock dividends, stock splits, stock combinations or other similar events) View More

Equity Conditions. Means, means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder pursuant to an effective Registration Statement covering the Underlying Shares or all such shares may be sold without volume restrictions pursuant to... Rule 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible the Trading Market and such shares of Common Stock are approved for listing upon issuance; (iv) such issuance would be permitted in full without violating Section 6(b) hereof or the rules or regulations of any Trading Market; (v) (iii) no Bankruptcy Event has occurred; (vi) (iv) the Company conversion of the Series A Preferred Stock is permitted by the Trading Market and all other applicable laws, rules and regulations; and (v) the Corporation is not in default with respect to any material obligation hereunder or under any other of the Transaction Document; and (vii) no public announcement of a pending or proposed Change of Control transaction has occurred that has not been consummated. Documents. View More

Equity Conditions. Means, means, with respect to a specified issuance Common Stock issuable pursuant to the Transaction Documents (including, without limitation, upon conversion or exercise in full of Common Stock, the Notes and Warrants), that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder... pursuant to an effective Registration Statement covering the Underlying Shares or all such shares may be sold without volume restrictions pursuant to Rule 144 under the Securities Act or are eligible for sale under Rule 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible Market and such shares of Common Stock are approved for listing upon issuance; (iv) such issuance would be permitted in full without violating Section 6(b) hereof or the rules or regulations of any Trading Market; (v) no Bankruptcy 2 Event of Default nor any event or circumstance that with the passage of time and without being cured would constitute an Event of Default has occurred; occurred and not been cured; (vi) neither the Company nor any Subsidiary is not in default with respect to or has breached any material obligation hereunder or under any other Transaction Document; and (vii) no public announcement of a pending or proposed Change of Control transaction has occurred that has not been consummated. View More

Equity Conditions. Means, means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder pursuant to an effective Registration Statement covering the Underlying Shares or all such shares may be sold without volume restrictions pursuant to... Rule 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible the Trading Market and such shares of Common Stock are approved for listing upon issuance; (iv) such issuance would be permitted in full without violating Section 6(b) hereof or the rules or regulations of any Trading Market; (v) (iii) no Bankruptcy Event has occurred; (vi) and (iv) the Company Corporation is not in default with respect to any material obligation hereunder or under any other Transaction Document; and (vii) no public announcement of a pending or proposed Change of Control transaction has occurred that has not been consummated. Document. View More

Equity Conditions. Means, means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder pursuant to an effective Registration Statement covering the Underlying Shares or all such shares may be sold without volume restrictions pursuant to... Rule 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible Market and such shares of Common Stock are approved for listing on such Eligible Market upon issuance; (iii) such Common Stock is covered under the Registration Statement, (iv) such issuance would be permitted in full without violating Section 6(b) 5(c) hereof or the rules or regulations of any Trading Market; the Eligible Market on which such shares are listed or quoted; (v) no Bankruptcy Event of Default nor any event that with the passage of time and without being cured would constitute a Event of Default has occurred; occurred and not been cured, and (vi) the Company is not in default with respect to any material obligation hereunder or under any other Transaction Document; and (vii) no public announcement of a pending or proposed Change of Control transaction has occurred that has not been consummated. View More

Equity Conditions. Means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder Holders pursuant to an effective Conversion Shares Registration Statement covering the Underlying Shares or all such shares may be sold without volume... restrictions pursuant to Rule 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible Market and such shares of Common Stock are approved for listing upon issuance; Market; (iv) such issuance would be permitted in full without violating Section 6(b) 16 hereof or the rules or regulations of any Trading Market; and (v) no Bankruptcy Event has occurred; (vi) the Company is not in default with respect to any material obligation hereunder or under (A) any other Transaction Document; agreement between the Company and (vii) no public announcement any Holder dated as of a pending August 22, 2001, as may hereafter be amended, including, without limitation, the Purchase Agreement and the Notes or proposed Change (B) any instrument or security issued pursuant to any of Control transaction has occurred that has not been consummated. the agreements referred to in the preceding clause (A). View More

Equity Conditions. Means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder Holders pursuant to an effective Conversion Shares Registration Statement covering the Underlying Shares or all such shares may be sold without volume... restrictions pursuant to Rule 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible Market and such shares of Common Stock are approved for listing upon issuance; Market; (iv) such issuance would be permitted in full without violating Section 6(b) 16 hereof or the rules or regulations of any Trading Market; and (v) no Bankruptcy Event has occurred; (vi) the Company is not in default with respect to any material obligation hereunder or under any other Transaction Document; (A) any other agreement between the Company and (vii) no public announcement any Holder, dated as of a pending August 22, 2001, as may hereafter be amended; including, without limitation, the Purchase Agreement and the Notes or proposed Change (B) any instrument or security issued pursuant to any of Control transaction has occurred that has not been consummated. the agreements referred to in the preceding clause (A). View More

Equity Conditions. Means, with respect to a specified issuance of Common Stock, that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder pursuant to an effective Registration Statement covering the Underlying Shares or all such shares may be sold without volume restrictions pursuant to Rule... 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible Market and such shares of Common Stock are approved for listing upon issuance; (iv) such issuance would be permitted in full without violating Section 6(b) hereof or the rules or regulations of any Trading Market; (v) no Bankruptcy Event has occurred; (vi) no Event of Default has occurred; (vii) the Company daily trading volume as reported on Bloomberg L.P. is not in default with respect to any material obligation hereunder or under any other Transaction Document; greater than 250,000 shares for each of the preceding 10 Trading Days; and (vii) (viii) no public announcement of a pending or proposed Change of Control transaction has occurred that has not been consummated. View More

Equity Conditions. Means, with respect to a specified issuance of Common Stock, means that each of the following conditions is satisfied: (i) the number of authorized but unissued and otherwise unreserved shares of Common Stock is sufficient for such issuance; (ii) such shares of Common Stock are registered for resale by the Holder and may be sold by the Holder pursuant to an effective Registration Statement covering the Underlying Shares or all such shares may be sold without volume restrictions pursuant to Rule... 144(k) under the Securities Act; (iii) the Common Stock is listed or quoted (and is not suspended from trading) on an Eligible Market and such shares of Common Stock are approved for listing on such Eligible Market upon issuance; (iii) such Common Stock is registered for resale under the Registration Statement, (iv) such issuance would be permitted in full without violating Section 6(b) 5(b) hereof or the rules or regulations of any Trading Market; the Eligible Market on which such shares are listed or quoted, (v) no Bankruptcy Event of Default nor any event that with the passage of time and without being cured would constitute a Event of Default has occurred; occurred and not been cured, and (vi) the Company is not in default with respect to any material obligation hereunder or under any other Transaction Document; and (vii) no public announcement of a pending or proposed Change of Control transaction has occurred that has not been consummated. View More