Common use of Cap Amount Clause in Contracts

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 50 contracts

Sources: Investment Agreement (Tri Valley Corp), Investment Agreement (Itronics Inc), Investment Agreement (Itronics Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National a NASDAQ Market, then, unless the Company has obtained the necessary approval (“Stockholder 20% Approval Approval”) of its shareholders as set forth in Section 6.11 required under the Nasdaq 20% Rule or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) 5635 (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 16 contracts

Sources: Investment Agreement (Blue Sphere Corp.), Investment Agreement (Dynamic Ventures Corp.), Investment Agreement (Amarantus BioSciences, Inc.)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 9 contracts

Sources: Investment Agreement (Go Online Networks Corp /De/), Investment Agreement (Alottafun Inc), Investment Agreement (Quikbiz Internet Group Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless Unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 5 contracts

Sources: Investment Agreement (Delta Petroleum Corp/Co), Investment Agreement (Technical Chemicals & Products Inc), Investment Agreement (Delta Petroleum Corp/Co)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless Unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 3 contracts

Sources: Investment Agreement (Medical Industries of America Inc), Subscription Agreement (Shopping Com), Investment Agreement (Cyber Care Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.10 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 2 contracts

Sources: Investment Agreement (Cyber Law Reporter Inc), Investment Agreement (Cyber Law Reporter Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.10 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 2 contracts

Sources: Investment Agreement (Texas Commercial Resources Inc), Investment Agreement (Texas Commercial Resources Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount'") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 2 contracts

Sources: Investment Agreement (New Millennium Media International Inc), Investment Agreement (New Millennium Media International Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National a NASDAQ Market, then, unless the Company has obtained the necessary approval (“Stockholder 20% Approval Approval”) of its shareholders as set forth in Section 6.11 required under the Nasdaq 20% Rule or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii4350(i)(1)(d)(i) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 2 contracts

Sources: Investment Agreement (Li3 Energy, Inc.), Investment Agreement (Li3 Energy, Inc.)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii4460(I)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 1 contract

Sources: Investment Agreement (Ecom Ecom Com Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(iiNASDAQ RULE 4460(I)(1)(D)(II) (or any other applicable Nasdaq Rules OR ANY OTHER APPLICABLE NASDAQ RULES or any successor rule) (the THE "Nasdaq NASDAQ 20% RuleRULE").

Appears in 1 contract

Sources: Investment Agreement (Cachestream Corp)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 6.12 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii4460(i)(l)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 1 contract

Sources: Investment Agreement (Planet America Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 1 contract

Sources: Investment Agreement (A Time to Grow Inc)

Cap Amount. If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National a NASDAQ Market, then, unless the Company has obtained the necessary approval (“Stockholder 20% Approval Approval”) of its shareholders as set forth in Section 6.11 required under the Nasdaq 20% Rule or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) 5635] (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

Appears in 1 contract

Sources: Investment Agreement (Medisafe 1 Technologies Corp)