Additional Class A Shares definition

Examples of Additional Class A Shares in a sentence

• Sections 3 and 5 of the First Amendment, which modify Sections 4 and 2, respectively, of the Agreement, shall also apply to the Additional Class A Shares.

• All ----------------------------------------------------------- of the provisions of the Agreement shall apply to the Additional Class A Shares issued to Shareholder pursuant to this Amendment, except to the extent that a provision of this Amendment expressly supersedes any provision of the Agreement or First Amendment.

• A stock certificate evidencing the Additional Class A Shares shall be issued in the name of Shareholder upon receipt of this executed Amendment and payment in full of the purchase price.

• The Company confirms its offer to issue ------------------ 30,000 shares of Class A common stock (the "Additional Class A Shares") to Shareholder at a price of $2.50 per share, payable in full upon issuance of the Additional Class A Shares.

• The parties hereby agree to keep this Agreement and its terms, and, if applicable, any approval by the Company’s Board of Directors of the acquisition of the Additional Class A Shares, strictly confidential and not to disclose any of the foregoing to any person outside of their respective organizations, except as required by law, including applicable securities laws and including, without limitation, Section 13 of the Securities and Exchange Act and the rules promulgated thereunder.

• The Shareholder acknowledges that nothing in this Agreement will obligate the Company’s Board of Directors to approve the acquisition of the Additional Class A Shares and that any such determination will be made in the sole discretion of the Company’s Board of Directors based on such factors and considerations as it deems appropriate, including, without limitation, the Shareholder Letter, the terms of this Agreement, and the factors set forth in Section 1(a)(iii)(2) of the Rights Agreement.

• The number of Additional Class A Shares set forth in the table below shall be adjusted in the same manner and at the same time as the Conversion Rate as set forth in Section 4.2.

• These calculations include, but are not limited to, determinations of the Last Reported Sale Prices, accrued interest payable on the Note, the number of Additional Class A Shares to be added to the Conversion Rate upon a Make-Whole Fundamental Change, if any, and the Conversion Rate of the Note.

• The Company confirms its offer to issue ------------------ 15,000 shares of Class A common stock (the "Additional Class A Shares") to Shareholder at a price of $2.50 per share, payable in full upon issuance of the Additional Class A Shares.

• For the avoidance of doubt, however, the restrictions applicable to, and obligations of, the Shareholder and its Related Persons set forth in Section 1, Section 2 and Section 3 of this Agreement shall become effective and applicable only if (and in such case upon) the approval by the Company’s Board of Directors of the acquisition of the Additional Class A Shares.