Common use of Shares Outstanding Clause in Contracts

Shares Outstanding. For purposes of this Article V, in determining the number of the outstanding Shares of an Issuer, the Warrant Holder may rely on the number of outstanding Shares (i) as reflected on an Issuer’s web site or, (ii) at such time as an Issuer is a reporting Issuer under the Exchange Act, as reflected in an Issuer’s most recent annual, quarterly or current report filed pursuant to the Exchange Act, or (iii) as reflected in its most recent public announcement or other notice by an Issuer setting forth the number of Shares outstanding. The number of outstanding Shares shall be determined after giving effect to exercises of such Plan Warrant (including the exercise with respect to which this determination is being made) by the Warrant Holder.

Shares Outstanding. For purposes of this Article V, in determining the number of the outstanding Shares of an Issuer, the Warrant Holder may rely on the number of outstanding Shares (i) as reflected on an Issuer’s 's web site or, (ii) at such time as an Issuer is a reporting Issuer under the Exchange Act, as reflected in an Issuer’s 's most recent annual, quarterly or current report filed pursuant to the Exchange Act, or (iii) as reflected in its most recent public announcement or other notice by an Issuer setting forth the number of Shares outstanding. The number of outstanding Shares shall be determined after giving effect to exercises of such Plan Warrant (including the exercise with respect to which this determination is being made) by the Warrant Holder.