ADDITIONAL PLACEMENT Sample Clauses

The 'Additional Placement' clause defines the conditions under which extra shares or securities may be issued or offered beyond the initial allocation. Typically, this clause outlines the process for determining the amount, timing, and terms of any additional placements, and may specify the parties authorized to approve or participate in such offerings. Its core practical function is to provide flexibility for the issuer to raise further capital if needed, while ensuring that all parties understand the procedures and limitations associated with issuing additional securities.
ADDITIONAL PLACEMENT. To the extent that AOL creates additional, substantial music-specific Content areas within portions of the AOL Service separate from the areas of the AOL Service noted above, AOL will consult in good faith with N2K regarding the establishment of "Buy Now" or other appropriate links from such areas to the Customized MB Site; provided that, to the extent AOL independently establishes any such specific links, such links will be subject to the approval of N2K, which will not be unreasonably withheld or delayed.
ADDITIONAL PLACEMENT. The Company shall not issue Series B Preferred Shares to any Additional Purchaser pursuant to the Additional Placement, unless such Additional Purchaser has (a) agreed in writing to be bound by the terms and conditions of this Agreement pursuant to an instrument substantially in the form attached hereto as Exhibit B-3 and (b) executed a Deed of Waiver substantially in the form attached hereto as Exhibit B-4, and copies of the documents referred to in (a) and (b) shall be given to the General Atlantic Shareholders. Upon becoming a party to this Agreement, such Additional Purchaser shall be deemed to be, and shall be subject to the same obligations as an Additional Purchaser Shareholder hereunder. Any issuance of Series B Preferred Shares in violation of this Section 5.3 shall be null and void ab initio. The Company may not issue any Series B Preferred Shares to an Additional Purchaser under the Additional Placement at any time after the date thirty (30) days following the date hereof.
ADDITIONAL PLACEMENT. The Company may consummate the Additional Placement, provided that: (a) the terms and conditions of the Additional Placement, including without limitation, the terms of the Series B Preferred Shares, are reasonably acceptable to the Purchasers; and (b) as a condition to the Additional Placement, the Additional Purchasers shall agree to waive all their rights, if any, to vote separately as a class with respect to any matters or actions varying the rights attached to the Series B Preferred Shares.
ADDITIONAL PLACEMENT. (a) BVF acknowledges that on or after the Completion Date, the Company may issue further shares to other Shareholders pursuant to placements of up to 24,338,670 Shares at a price per Share which is equal to the Subscription Price. (b) The Company agrees that any Shares which are offered to other Shareholders for issue under clause 6.1(a), but which are not subscribed for by those other Shareholders, may be subscribed for by BVF or a Permitted Subscriber on the same terms and conditions as apply to the subscription of the Placement Shares under this document, subject to any such acquisition complying with the Corporations Act. (c) The Company must notify BVF as soon as practicable after the Shares referred to in clause 6.1(b) are not subscribed for by the other Shareholders, so as to enable BVF to exercise its rights under clause 6.1(b).

Related to ADDITIONAL PLACEMENT

  • Initial Placement The issuance and sale by the Company of the Notes to the Initial Purchasers pursuant to the Purchase Agreement.

  • Step Placement When a reclassification action occurs, the justification for the action taken shall be provided in writing to the affected employee or employees. When an employee is reclassified to a position having a higher maximum regular base hourly rate, the employee’s pay shall be increased to the pay step amount which is at least, and closest to, 3 percent higher than the pay they received prior to the reclassification. When an employee is reclassified to a position having the same maximum regular base hourly rate, the employee’s pay step amount shall remain the same. When an employee is reclassified to a position having a lower maximum regular base hourly rate, the employee’s pay shall be decreased to the pay step amount closest to their present regular base hourly rate. However, when the employee’s regular base hourly rate of pay, prior to the reclassification, is greater than step 9 of the newly assigned pay grade, the employee’s regular base hourly rate of pay shall be frozen as of the date of the reclassification. The employee’s regular base hourly rate shall remain frozen until such time as step 9 of the pay grade assigned to the employee’s classification is equal to or greater than the employee’s frozen rate of pay. When that occurs, the employee shall be placed into step 9 of the new pay grade assigned to the employee’s classification. When a reclassification occurs in a multi-incumbent classification and incumbents compete for the classification, the salary placement shall be administered in the same manner as a promotion in Article 13, Section 3.

  • Additional Purchases Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.

  • Additional Closing i. The obligations of KiOR to sell the Notes, and of the Purchasers to purchase the Notes are subject to the fulfillment, on or before each Additional Closing, of each of the following conditions: (a) The notifications of the Purchasers and KiOR pursuant to the HSR Act, if any, shall have been made and the applicable waiting period and any extensions thereof shall have expired or been terminated; and (b) Consummation of the transactions contemplated hereby or by the Transaction Documents shall not have been restrained, enjoined or otherwise prohibited or made illegal by, or conditioned upon the receipt of any approvals or consents from Governmental Authorities under, any applicable law. ii. The obligations of KiOR to sell the Notes are subject to the fulfillment, on or before any Additional Closing, of each of the following conditions, unless otherwise waived by KiOR: (a) each Purchaser shall pay to KiOR, by wire transfer of immediately available funds, the applicable amount set forth opposite such Purchaser’s name under the heading “Additional Closing” on the Schedule of Purchasers for the Notes being purchased by such Purchaser at the Additional Closing. The Additional Closing shall not be deemed to occur, and all such payments by any Purchaser shall be deemed to be held in escrow, until all Purchasers listed on the Schedule of Purchasers have tendered to KiOR the applicable Purchase Price indicated thereon; and (b) each of the representations and warranties of each Purchaser in this Agreement and the other Transaction Documents shall be true and correct on the date of the Additional Closing, and the occurrence of such Additional Closing shall be deemed to be a representation and warranty of each Purchaser that such representations and warranties are true and correct. iii. The obligations of each Purchaser to purchase the Notes are subject to the fulfillment, on or before each Additional Closing, of each of the following conditions, unless otherwise waived by such Purchaser: (a) the Required Purchasers shall have determined that the Company shall have satisfied the applicable Milestone (as determined in the sole discretion of (and to the satisfaction of) the Required Purchasers); (b) the representations and warranties of the Company set forth in Section 4 of this Agreement shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by “materiality” or “Material Adverse Effect” in the text thereof) on and as of such Additional Closing, and no Default or Event of Default shall have occurred and be continuing as of the date of such Additional Closing; and (c) the Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Additional Closing.

  • Terms of Placement Warrants Each Placement Warrant shall have the terms set forth in the Warrant Agreement.