Examples of Note Shares in a sentence
For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date, regardless of whether any Fixed Purchases, any VWAP Purchases or any Additional VWAP Purchases are made or settled hereunder or any subsequent termination of this Agreement.
For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date, regardless of whether any Fixed Purchases, VWAP Purchases, or Additional VWAP Purchases are effected hereunder and regardless of any subsequent termination of this Agreement.
The provisions of this Note are intended to be for the benefit of any Holder from time to time of this Note and shall be enforceable by the Holder or holder of Note Shares.
The Note Shares and the Shares to be purchased by the Investor pursuant to a particular Fixed Purchase Notice, a particular VWAP Purchase Notice or a particular Additional VWAP Purchase Notice, will be, prior to the delivery to the Investor hereunder of such Note Shares or such Fixed Purchase Notice, VWAP Purchase Notice and Additional VWAP Purchase Notice, as applicable, duly authorized by all necessary corporate action on the part of the Company.
The Company shall use its reasonable best efforts to continue the listing and trading of its Common Stock and the listing of the Note Shares acquired and the Shares purchased by the Investor hereunder on the Trading Market, and shall comply with the Company’s reporting, filing and other obligations under the bylaws, listed securities maintenance standards and other rules and regulations of FINRA and the Trading Market.