Common use of Acknowledgment of Dilution Clause in Contracts

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures and (ii) exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of the Debentures and (y) exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, regardless of the effect of any such dilution.

Appears in 4 contracts

Sources: Convertible Debenture Purchase Agreement (Eltrax Systems Inc), Convertible Debenture Purchase Agreement (Onemain Com Inc), Convertible Debenture Purchase Agreement (Forest Glade International Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) the conversion of the Debentures and (ii) the exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of the Debentures Debenture and (y) the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 4 contracts

Sources: Convertible Debenture Purchase Agreement (Tidel Technologies Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures and as payment of interest thereon and (ii) exercise of the Warrants will Warrant may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of in accordance with the Debentures and (y) exercise of the Warrants Warrant is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 3 contracts

Sources: Convertible Debenture Purchase Agreement (Innovacom Inc), Convertible Debenture Purchase Agreement (Innovacom Inc), Convertible Debenture Purchase Agreement (Innovacom Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of (i) the Underlying Shares upon (i) conversion of the Debentures Shares in accordance with the Certificate of Designation and (ii) the Warrant Shares upon exercise of the Warrants will may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue (i) the Underlying Shares upon (x) conversion of the Debentures Shares in accordance with the Certificate of Designation and (yii) the Warrant Shares upon exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Imaging Technologies Corp/Ca), Securities Purchase Agreement (Imaging Technologies Corp/Ca), Securities Purchase Agreement (Finantra Capital Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures and (ii) exercise of the Warrants pursuant to the terms thereof, will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of the Debentures and (y) exercise of the Warrants is unconditional and absolutepursuant to the terms thereof, is, subject to the limitations set forth in the Debentures or in the Warrants, unconditional and absolute regardless of the effect of any such dilution.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Fidelity Holdings Inc), Securities Purchase Agreement (Fidelity Holdings Inc), Securities Purchase Agreement (Fidelity Holdings Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) the conversion of the Debentures and (ii) or exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of the Debentures and (y) or exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the and Warrants, regardless of the effect of any such dilution.

Appears in 2 contracts

Sources: Convertible Debenture Purchase Agreement (Composite Industries of America Inc), Convertible Debenture Purchase Agreement (Composite Industries of America Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures and as payment of interest thereon and (ii) exercise of the Warrants will Warrant may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion in accordance with the terms of the Debentures and (y) exercise of the Warrants Warrant is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 2 contracts

Sources: Convertible Debenture Purchase Agreement (Eurotech LTD), Convertible Debenture Purchase Agreement (JNC Opportunity Fund LTD)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures and as payment of interest thereon and (ii) exercise of the Warrants will may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of in accordance with the Debentures and (y) exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 2 contracts

Sources: Convertible Debenture Purchase Agreement (Innovacom Inc), Convertible Debenture Purchase Agreement (Innovacom Inc)

Acknowledgment of Dilution. The Company acknowledges that the ---------------------------- issuance of the Underlying Shares upon (i) the conversion of the Debentures and (ii) the exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue deliver the Underlying Shares to the investor upon (x) conversion of the Debentures and (y) the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 2 contracts

Sources: Convertible Debenture Purchase Agreement (Amanda Co Inc), Convertible Debenture Purchase Agreement (Amanda Co Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of (i) the Underlying Shares upon (i) conversion of the Debentures and Debentures, (ii) the Warrant Shares upon exercise of the Warrants will may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue (i) the Underlying Shares upon (x) conversion of the Debentures and (yii) the Warrant Shares upon exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication Group Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) the conversion of the Debentures and (ii) the exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue deposit Underlying Shares with the Escrow Agent in accordance with the Escrow Agreement and upon (x) conversion of the Debentures and (y) the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of (i) the Underlying Shares upon (i) conversion of the Debentures and Debentures, (ii) the Warrant Shares upon exercise of the Warrants will may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue (i) the Underlying Shares upon (x) conversion of the Debentures and (yii) the Warrant Shares upon exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, regardless of the effect of any such dilution.and

Appears in 1 contract

Sources: Securities Purchase Agreement (Team Communication Group Inc)

Acknowledgment of Dilution. The Company is aware and acknowledges that the issuance of Common Stock upon the Underlying Shares upon (i) conversion of the Debentures and (iiPromissory Note(s) and/or exercise of the Warrants will Warrant(s), may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue (i) the Underlying Shares upon (x) in accordance with the conversion of rights in the Debentures Promissory Note(s), and (yiii) the Warrant Shares in accordance with exercise of rights in the Warrants Warrant(s) is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Subscription Agreement (Financial Intranet Inc/Ny)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures and (ii) exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of the Debentures and (y) exercise of the Warrants Debenture is unconditional and absolute, subject to the limitations set forth in the Debentures or in the WarrantsDebentures, regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) the conversion of the Debentures and (ii) the exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue the Underlying Shares to the Purchasers upon (x) conversion of the Debentures and (y) the exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, as the case may be, regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Secured Convertible Debenture Purchase Agreement (Orbit Technologies Inc /De/)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures and (ii) exercise of the Warrants will may result in dilution of the outstanding shares of Common Stock, ; which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue the Underlying Shares upon (x) conversion of the Debentures and (y) exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Securities Purchase Agreement (Team Communication Group Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures Debenture and (ii) exercise of the Warrants Warrant will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of the Debentures Debenture and (y) exercise of the Warrants Warrant is unconditional and absolute, subject to the limitations set forth in the Debentures Debenture or in the WarrantsWarrant, regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Convertible Debenture and Warrant Purchase Agreement (Verso Technologies Inc)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) conversion of the Debentures Notes and (ii) exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion of the Debentures Notes and (y) exercise of the Warrants pursuant to the terms thereof is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Convertible Note Purchase Agreement (Franklin Telecommunications Corp)

Acknowledgment of Dilution. The Company acknowledges that the issuance of the Underlying Shares upon (i) the conversion of the Debentures and (ii) the exercise of the Warrants will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation obligations to issue deliver Underlying Shares to the Purchasers upon (x) conversion of the Debentures and (y) exercise of the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Secured Convertible Debenture Purchase Agreement (Phoenix International Industries Inc /Fl/)

Acknowledgment of Dilution. The Company acknowledges that the -------------------------- issuance of the Underlying Common Shares and Warrant Shares upon (ix) conversion of the Debentures and payment of interest thereon and (iiy) exercise of the Warrants Warrants, in accordance with their terms, will result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that its obligation to issue Underlying Shares upon (x) conversion shares of Common Stock in accordance with the terms of and with respect to the Debentures and (y) exercise of in accordance with and in respect to the Warrants is unconditional and absolute, subject to the limitations set forth in the Debentures or in the Warrants, absolute regardless of the effect of any such dilution.

Appears in 1 contract

Sources: Securities Purchase Agreement (Fonix Corp)