Additional Consent. The Securities Purchase Agreement dated as of December 8, 2016 provides that from the 31st calendar day after the closing date and ending on February 15, 2017, neither the Company nor any subsidiary of the Company shall issue, enter into any agreement to issue, or announce the issuance or proposed issuance of any shares of Common Stock or securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock at an effective price per share of at least 110% of the per share purchase price. The Company intends to obtain a waiver of this covenant in connection with the transactions contemplated by this Agreement. The Securities Purchase Agreement dated as of February 1, 2017 provides that until 90 days after the closing date, neither the Company nor any subsidiary of the Company shall issue, enter into any agreement to issue, or announce the issuance or proposed issuance of any shares of Common Stock or securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock. The Company intends to obtain a waiver of this covenant in connection with the transactions contemplated by this Agreement. Shareholders Agreement, dated as of December 19, 2011, between the Company and Riverside Renewable Energy Investments, LLC. Separate Leakout Agreements, each dated as of February 1, 2017, between the Company and investors in the public offering closed February 6, 2017.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)