Notices of Record Date. In case, (a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution or any other rights; or (b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or (c) There is a voluntary or involuntary dissolution, liquidation or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up.
Appears in 10 contracts
Sources: Warrant Agreement (Brazil Minerals, Inc.), Warrant Agreement (Brazil Minerals, Inc.), Warrant Agreement (Brazil Minerals, Inc.)
Notices of Record Date. In case,
the event of (ai) The any taking by the Company takes of a record of the holders of its Common Stock any class of securities for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or determining the holders thereof who are entitled to receive a dividendany dividend or other distribution, distribution or any other rights; or
(bii) There is any capital reorganization of the Company, any reclassification or recapitalization of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock)Company, any merger or consolidation or merger of the Company with or into another any other corporation which does not constitute (other than a sale merger of a wholly owned subsidiary into the Company), or any transfer of all or substantially all of the Company; or
(c) There is a assets of the Company to any other person or any voluntary or involuntary dissolution, liquidation or winding up of the Company; then, and in any such case, the Company shall cause to be mailed provide to the Holder, at least 20 business ten (10) days prior to the record date hereinafter specifiedspecified therein, a notice stating specifying (1) the date on which (i) a any such record is to be taken for the purpose of such dividenddividend or distribution and a description of such dividend or distribution, distribution or rights(2) the date on which any such reorganization, or (ii) such reclassification, reorganizationtransfer, consolidation, merger, dissolution, liquidation or winding up is expected to take place become effective, and (3) the date, if any any, that is to be fixed, as to when the holders of which holders record of Common Stock of record (or other securities) shall be entitled to exchange their shares of Common Stock (or other securities) for securities or other property deliverable upon such reorganization, reclassification, reorganizationtransfer, consolidation, merger, dissolution, liquidation or winding up.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Raptor Pharmaceuticals Corp.), Securities Purchase Agreement (Imagex Com Inc), Securities Purchase Agreement (Biomarin Pharmaceutical Inc)
Notices of Record Date. In case,
(a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution or any other rights; or;
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or
(c) There is a voluntary or involuntary dissolution, liquidation liquidation, or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up.
Appears in 4 contracts
Sources: Subscription and Purchase Agreement, Subscription Agreement (Bollente Companies Inc.), Subscription Agreement (Bollente Companies Inc.)
Notices of Record Date. In case,
Unless the Investor Designees have prior notice, upon (ai) The any taking by the Company takes of a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or determining the holders thereof who are entitled to receive a any dividend or other distribution (other than the Company’s normal quarterly cash dividend), distribution or (ii) any acquisition or other rights; or
(b) There is any capital reorganization of the Company, any reclassification or recapitalization of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock)Company, any merger or consolidation or merger of the Company with or into another corporation which does not constitute a sale any other entity, or any transfer of substantially all of the assets of the Company; or
(c) There is a , or any voluntary or involuntary dissolution, liquidation or winding up of the Company; then, and in any such case, the Company shall cause to be mailed mail to the Holder, Investor at least 20 business ten (10) days prior to the record date hereinafter specified, specified therein a notice stating specifying (a) the date on which (i) a any such record is to be taken for the purpose of such dividenddividend or distribution and a description of such dividend or distribution, distribution or rights, or (iib) the date on which any such reclassificationacquisition, reorganization, reclassification, consolidation, merger, transfer of substantially all of the assets of the Company, dissolution, liquidation or winding up is expected to take place become effective, and (c) the date, if any any, that is to be fixed, fixed as to when the holders of which holders record of Common Stock of record (or other securities) shall be entitled to exchange their shares of Common Stock (or other securities) for securities or other property deliverable upon such reclassificationacquisition, reorganization, reclassification, consolidation, merger, transfer of substantially all of the assets of the Company, dissolution, liquidation or winding up.
Appears in 3 contracts
Sources: Investor Rights and Conversion Agreement (Supertel Hospitality Inc), Purchase Agreement (Supertel Hospitality Inc), Investor Rights and Conversion Agreement (Supertel Hospitality Inc)
Notices of Record Date. In case,
(a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution or any other rights; or
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does where the Company is not constitute a sale of the Companysurviving entity; or
(c) There is a voluntary or involuntary dissolution, liquidation or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 5 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up.
Appears in 3 contracts
Sources: Warrant Agreement (Nutex Health, Inc.), Warrant Agreement (Nutex Health, Inc.), Warrant Agreement (Cardio Diagnostics Holdings, Inc.)
Notices of Record Date. In case,
(a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution distribution, or any other rights; or;
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or
(c) There is a voluntary or involuntary dissolution, liquidation liquidation, or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation liquidation, or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation liquidation, or winding up.
Appears in 3 contracts
Sources: Warrant Agreement (Alternative Ballistics Corp), Warrant Agreement (Alternative Ballistics Corp), Warrant Agreement (Alternative Ballistics Corp)
Notices of Record Date. In case,
(a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution or any other rights; or;
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or
(c) There is a voluntary or involuntary dissolution, liquidation liquidation, or winding up of the Company; then, and in any such case, the Company shall cause to be mailed sent to the HolderHolder by at least two of the methods set forth in Section 17 above, at least 20 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up.
Appears in 2 contracts
Sources: Warrant Agreement (Native American Energy Group, Inc.), Warrant Agreement (Native American Energy Group, Inc.)
Notices of Record Date. In case,
(a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution or any other rights; or
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or
(c) There is a voluntary or involuntary dissolution, liquidation or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 5 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up.
Appears in 2 contracts
Sources: Warrant Agreement (Apollo Medical Holdings, Inc.), Warrant Agreement (Apollo Medical Holdings, Inc.)
Notices of Record Date. In case,
, (a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution distribution, or any other rights; or
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or
or (c) There is a voluntary or involuntary dissolution, liquidation liquidation, or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 10 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation liquidation, or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up.to
Appears in 1 contract
Sources: Warrant Agreement (DZS Inc.)
Notices of Record Date. In case,
(a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution or any other rights; or;
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or
(c) There is a voluntary or involuntary dissolution, liquidation or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 business calendar days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation or winding up.
Appears in 1 contract
Sources: Subscription Agreement (DigitalPost Interactive, Inc.)
Notices of Record Date. In case,
(a) The Company takes a record of the holders of its Common Stock for the purpose of entitling them to subscribe for or purchase any shares of stock of any class or to receive a dividend, distribution distribution, or any other rights; or;
(b) There is any capital reorganization of the Company, reclassification of the capital stock of the Company (other than a subdivision or combination of its outstanding shares of Common Stock), or consolidation or merger of the Company with or into another corporation which does not constitute a sale of the Company; or
(c) There is a voluntary or involuntary dissolution, liquidation liquidation, or winding up of the Company; then, and in any such case, the Company shall cause to be mailed to the Holder, at least 20 10 business days prior to the date hereinafter specified, a notice stating the date on which (i) a record is to be taken for the purpose of such dividend, distribution or rights, or (ii) such reclassification, reorganization, consolidation, merger, dissolution, liquidation liquidation, or winding up is to take place and the date, if any is to be fixed, as of which holders of Common Stock of record shall be entitled to exchange their shares of Common Stock for securities or other property deliverable upon such reclassification, reorganization, consolidation, merger, dissolution, liquidation liquidation, or winding up.
Appears in 1 contract
Sources: Warrant Agreement (DZS Inc.)