Amendment Approval Date definition
Examples of Amendment Approval Date in a sentence
On the terms and in the manner set forth in this Section III, effective as of the close of business on latest of the Share Issuance Approval Date and the Charter Amendment Approval Date (such date, the “Approval Date”), each and every share of Series B Preferred Stock shall automatically convert into a number of shares of Common Stock equal to the Applicable Conversion Rate.
For the avoidance of doubt, in the event that such stockholder approval is not obtained by the earlier of (x) the Amendment Approval Date or (y) a Change of Control, this Agreement and the grant of Options hereunder (and the cancelling of the Prior Stock Option Agreement) shall be null and void ab initio and be of no further force or effect.
During the period from the Charter Amendment Approval Date until the date on which all the Exchange Common Stock Equivalents have been converted, the Company shall at all times have reserved for issuance, free of preemptive or similar rights, a sufficient number of authorized and unissued shares of Common Stock to effectuate such conversion.
During the period beginning on the Execution Date and ending on the Stockholder Amendment Approval Date, the Company shall not effect a Subsequent Placement that constitutes a Dilutive Issuance (as defined in the Warrants).
The consummation of the transactions contemplated herein (the “Closing”) shall occur on the date that is the forty-fifth (45th) day after the Town Lease Amendment Approval Date.
No issuances of Warrant Shares hereunder shall be made in violation of Article 9 of the Company’s certificate of incorporation unless and until the Stockholder Amendment Approval Date.
For the avoidance of doubt, in the event that such stockholder approval is not obtained by the earlier of (x) the Amendment Approval Date or (y) a Change of Control, this Agreement and the grant of Restricted Shares hereunder shall be null and void ab initio and be of no further force or effect.
The consummation of the transactions contemplated herein (the “Closing”) shall occur on the date that is the [tenth] (10th) business day after the later to occur of (a) final completion of the Foreclosure Action wherein Seller shall be the grantee named in a foreclosure deed as a result thereof or (b) the Town Lease Amendment Approval Date.
Section 3 of the Agreement is hereby deleted and replaced in its entirety with the following: “During the Employment Term as of the Amendment Approval Date, the Company shall pay Executive an annual base salary at the annual rate of $1,075,000, payable in regular installments in accordance with the Company’s usual payment practices (but in all events no less frequently than semi-monthly).
Failure to obtain such stockholder approval for either the Amendment or adoption the Restricted Share Plan by the earlier of a Change of Control or the Amendment Approval Date shall be a breach of this Section 4(c) and Exhibits B and C, entitling the Executive to terminate his employment for Good Reason.