Delivery of Common Stock Certificates Sample Clauses

Delivery of Common Stock Certificates. The Company shall have delivered to Investor duly executed certificate(s) (in such denominations as Investor shall request) representing the Common Shares in accordance with Section 1(a) above.
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Delivery of Common Stock Certificates. The Company shall issue and deliver to (i) Buyer and each Seller on the Closing Date and (ii) all other holders of Preferred Stock as promptly as practicable after the Closing Date, a certificate or certificates for the number of whole shares of Common Stock to which Buyer or such holder is entitled as a result of the conversion of such shares of Preferred Stock in to shares of Common Stock pursuant to the terms of the Current Certificate and this Agreement; provided, however, that each holder of such Preferred Stock has previously delivered to the Company one or more certificates representing the number of shares of such Preferred Stock so converted. To the extent shares of Company Stock owned by an Additional Seller and sold to Buyer pursuant to the terms of this Agreement constitute less than all of the Company Stock owned by such Additional Seller and subject to the Custody Agreement, one or more certificates representing the excess shares of Company Stock shall be delivered by the Custodian to such Seller pursuant to the terms of the Custody Agreement.
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Delivery of Common Stock Certificates. (i) Not later than three Trading Days after each Conversion Date (the “Share Delivery Date”), Borrower shall deliver to the Holder a certificate or certificates (which, after the Effective Date, shall be free of restrictive legends and trading restrictions other than those required by Section 4.1 of the Purchase Agreement) representing the number of shares of Common Stock being acquired upon the conversion of this Note. After the Effective Date, Borrower shall, if available, deliver any certificate or certificates required to be delivered by Borrower under this Section 5 electronically through the Depository Trust Corporation or another established clearing corporation performing similar functions, and Borrower shall be deemed to have satisfied its delivery obligations if shares are made available through such clearing agent on or prior to the Share Delivery Date. If such certificates are not delivered to or as directed by the applicable Holder by the third Trading Day after the Conversion Date, the Holder shall be entitled to elect to rescind such conversion by written notice to Borrower at any time on or before its receipt of such certificates thereafter, in which event Borrower shall immediately return the Holder’s Note previously tendered for conversion.. (ii) Borrower’s obligations to issue and deliver the Conversion Shares upon conversion of this Note in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to Borrower or any violation or alleged violation of law by the Holder or any other person, and irrespective of any other circumstance which might otherwise limit such obligation of Borrower to the Holder in connection with the issuance of such Conversion Shares. If Borrower fails to deliver to the Holder such certificate or certificates pursuant to this Section 5(d) by the Share Delivery Date applicable to such conversion, Borrower shall pay to such Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of Notes being converted, $10 per Trading Day (increasing to $20 per Trading Day after three Trading Days and increasing to $40 per Trading Day six Tra...
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Delivery of Common Stock Certificates. As soon as practicable after the conversion of shares of Series D Preferred Stock, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to applicable holder of Series D Preferred Stock, or as such holder (upon payment by such holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock to which such holder shall be entitled on such conversion.
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Delivery of Common Stock Certificates. The undersigned holder of Series A Preferred Stock directs that the certificate representing the shares of Common Stock of the Company to be received upon conversion of the undersigned’s shares of Series A Preferred Stock be issued in the name, and delivered to the address for the undersigned set forth in the notice provisions of the Investor Rights Agreement unless the undersigned subsequently provides different instructions to the Company and the transfer agent.
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Related to Delivery of Common Stock Certificates

  • Delivery of Stock Certificates Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 7, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

  • Delivery of Stock Certificates, etc on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

  • Delivery of Stock Certificates on Exercise Any exercise of the Warrants pursuant to Section 3 shall be deemed to have been effected immediately prior to the close of business on the date on which the Warrants together with the subscription form and the payment for the aggregate Purchase Price shall have been received by the Company. At such time, the person or persons in whose name or names any certificate or certificates representing the Shares or Other Securities (as defined below) shall be issuable upon such exercise shall be deemed to have become the holder or holders of record of the Shares or Other Securities so purchased. As soon as practicable after the exercise of any Warrant in full or in part, and in any event within 10 days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of, and delivered to the purchasing Warrant holder, a certificate or certificates representing the number of fully paid and nonassessable shares of Common Stock or Other Securities to which such Warrant holder shall be entitled upon such exercise, plus in lieu of any fractional share to which such Warrant holder would otherwise be entitled, cash in an amount determined pursuant to Section 6(h), together with any other stock or other securities and property (including cash, where applicable). The term "

  • Delivery of Stock Certificates, etc. on Exercise The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

  • Delivery of Common Stock Subject to the terms of the Plan and Section 6 below, if the Performance RSUs awarded by this Agreement become vested, the Company shall promptly distribute to Employee the number of shares of Common Stock equal to the number of the Performance RSUs that so vested; provided that to the extent required by Code Section 409A, delivery of shares of Common Stock upon a Participant’s “separation from service” within the meaning of Code Section 409A shall be deferred until the six month anniversary of such separation from service. In connection with the delivery of the shares of Common Stock pursuant to this Agreement, the Participant agrees to execute any documents reasonably requested by the Company and provide therein customary representations and warranties related to the receipt of such shares of Common Stock.