Calculation of Beneficial Ownership. Any provision in this Agreement that refers to a percentage of Common Stock or Voting Securities will be calculated based on the aggregate number of issued and outstanding securities at the time of such calculation (on an as-converted basis, in the case of Voting Securities), but will not include any such securities issuable upon any options or warrants that are exercisable for such securities.
Appears in 5 contracts
Samples: Registration Rights Agreement (Dana Corp), Subscription Agreement (Dana Corp), Shareholders Agreement (Dana Holding Corp)
Calculation of Beneficial Ownership. Any provision in this Agreement that refers to a percentage of Common Stock or Voting Securities will shall be calculated based on the aggregate number of issued and outstanding securities shares of Common Stock at the time of such calculation (on an as-converted basis, in including any shares of Common Stock that would then be issuable upon the case conversion of Voting Securitiesthe Series C Preferred or any outstanding convertible security), but will shall not include any such securities shares of Common Stock issuable upon any options options, warrants or warrants other securities that are exercisable for such securitiesCommon Stock.
Appears in 4 contracts
Samples: Investment Agreement (Omega Healthcare Investors Inc), Stockholders Agreement (Omega Healthcare Investors Inc), Stockholders Agreement (Explorer Holdings Lp)
Calculation of Beneficial Ownership. Any provision in this Agreement that refers to a percentage of Common Stock or Voting Securities will be calculated based on the aggregate number of issued and outstanding securities at the time of such calculation (on an as-converted basis, in the case of Voting Securities)calculation, but will not include in the denominator any such securities issuable upon any options options, warrants or warrants other securities that are exercisable for such securities.
Appears in 2 contracts
Samples: Stockholders Agreement (Wiltel Communications Group Inc), Stockholders Agreement (Wiltel Communications Group Inc)
Calculation of Beneficial Ownership. Any provision in this Agreement that refers to a percentage of Common Stock or Voting Securities will shall be calculated based on the aggregate number of issued and outstanding securities shares of Common Stock at the time of such calculation (on an as-converted basis, in including any shares of Common Stock that would then be issuable upon the case exercise of Voting Securitiesthe Warrant and the conversion of any outstanding convertible security), but will shall not include any such securities shares of Common Stock issuable upon any options other options, warrants or warrants other securities that are exercisable for such securitiesCommon Stock.
Appears in 1 contract
Samples: Warrant and Stockholder's Agreement (Verilink Corp)
