Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 7170 contracts
Samples: Common Stock Purchase Warrant (Aptevo Therapeutics Inc.), Common Stock Purchase Warrant (Nuburu, Inc.), Securities Purchase Agreement (Healthier Choices Management Corp.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Ordinary Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Ordinary Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 462 contracts
Samples: Painreform Ltd., Painreform Ltd., Nano Labs LTD
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 430 contracts
Samples: Securities Purchase Agreement (Niocorp Developments LTD), Common Share Purchase Warrant (VBI Vaccines Inc/Bc), Underwriting Agreement (KWESST Micro Systems Inc.)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 178 contracts
Samples: Common Stock Purchase Warrant (Taronis Technologies, Inc.), Letter Agreement (Growlife, Inc.), Securities Purchase Agreement (One Horizon Group, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 105 contracts
Samples: Securities Purchase Agreement (Canoo Inc.), Velo3D, Inc., Common Stock Purchase Warrant (Nxu, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not includes shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered on issue or sale of Common Stock. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 92 contracts
Samples: Securities Purchase Agreement (Hartville Group Inc), Securities Purchase Agreement (Hartville Group Inc), Neah Power (Neah Power Systems, Inc.)
Calculations. All calculations under this Section 3 shall be made by the Company to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 42 contracts
Samples: Intrusion Inc, Underwriting Agreement (XCel Brands, Inc.), Common Stock Purchase Warrant (Statera Biopharma, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 36 contracts
Samples: Warrant Agency Agreement (Opti-Harvest, Inc.), Warrant Agency Agreement (Yoshiharu Global Co.), Warrant Agency Agreement (MDNA Life Sciences, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered on issue or sale of Common Stock. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 31 contracts
Samples: Common Stock Purchase Warrant (Stinger Systems, Inc), Common Stock Purchase (Spectrum Pharmaceuticals Inc), Common Stock Purchase Warrant (Inpellis, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 28 contracts
Samples: Common Stock Purchase Warrant (BG Medicine, Inc.), Common Stock Purchase Warrant (Mabvax Therapeutics Holdings, Inc.), Subscription Agreement (Shuttle Pharmaceuticals Holdings, Inc.)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 25 contracts
Samples: Voting and Lock Up Agreement (Tapimmune Inc.), Tapimmune Inc, Neurotrope, Inc.
Calculations. All calculations under this Section 3 2.00 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32.00, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 23 contracts
Samples: Common Stock Purchase Warrant (HealthLynked Corp), Cherubim Interests, Inc., HealthLynked Corp
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of the Company) issued and outstanding.
Appears in 22 contracts
Samples: Common Stock Purchase Agreement (Giga Tronics Inc), Securities Purchase Agreement (Ads in Motion, Inc.), Share Exchange Agreement (Giga Tronics Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Notwithstanding the foregoing, in no event may the Exercise Price be adjusted below the par value of the Common Stock then in effect.
Appears in 20 contracts
Samples: Common Stock Purchase Warrant (Evoke Pharma Inc), Common Stock Purchase Warrant (Evoke Pharma Inc), Funded Common Stock Purchase (Evoke Pharma Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent two decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 19 contracts
Samples: Lingerie Fighting Championships, Inc., Bioxytran, Inc, Flitways Technology Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 18 contracts
Samples: Warrant Agency Agreement (Harbor Custom Development, Inc.), Warrant Agency Agreement (Harbor Custom Development, Inc.), Warrant Agency Agreement (Harbor Custom Development, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest 1/100th of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 17 contracts
Samples: Demand Promissory Note and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.), RespireRx Pharmaceuticals Inc., Common Stock Purchase Warrant (Green Ballast, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Hartville Group Inc), Common Stock Purchase Warrant (Power 3 Medical Products Inc), Common Stock Purchase Warrant (American Access Technologies Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 15 contracts
Samples: Common Stock Purchase Warrant (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.), Common Stock Purchase Warrant (Novadel Pharma Inc), Genta Inc De/
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 15 contracts
Samples: Common Stock Purchase Warrant (Safe & Green Development Corp), Common Stock Purchase Warrant (SANUWAVE Health, Inc.), Esports Technologies, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Class A Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Class A Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 14 contracts
Samples: Selling Agency Agreement (To the Stars Academy of Arts & Science Inc.), Warrant Agreement (Blue Apron Holdings, Inc.), Selling Agency Agreement (To the Stars Academy of Arts & Science Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent four decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 13 contracts
Samples: Fourth Extension and Amendment Agreement (Envision Solar International, Inc.), Lithium Exploration Group, Inc., Fuel Performance Solutions, Inc.
Calculations. All calculations under this Section 3 shall be made by the Company to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 12 contracts
Samples: S Warrant Agreement (Aptose Biosciences Inc.), Warrant Agency Agreement (1847 Holdings LLC), Warrant Agency Agreement (1847 Holdings LLC)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Notice to Holder.
Appears in 10 contracts
Samples: Zoom Technologies Inc, S&W Seed Co, Azitra, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. g) Notice to Holder. i.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Fibrocell Science, Inc.), Securities Purchase Agreement (Digital Media Solutions, Inc.), Securities Purchase Agreement (Fibrocell Science, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest one-hundredth of one cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 9 contracts
Samples: Common Stock Purchase (89bio, Inc.), Letter Agreement (Applied Therapeutics Inc.), Common Stock Purchase Warrant (Unity Biotechnology, Inc.)
Calculations. All calculations under this Section 3 shall must be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time does not include shares of Common Stock owned or held by or for the account of the Company. For the purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be is the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Red Lake Exploration Inc.), Common Stock Purchase (Bullion River Gold Corp)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Great Ajax Corp.), Great Ajax Corp., Great Ajax Corp.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Stocks deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Stocks (excluding treasury shares, if any) issued and outstanding.
Appears in 8 contracts
Samples: Blue Chip Capital Group Inc., Accelerated Pharma, Inc., Blue Chip Capital Group Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock (or such other Company security as is then issuable upon exercise of this Warrant) deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (or such other Company security) (excluding treasury shares, if any) issued and outstandingoutstanding on such date.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Athersys, Inc / New), Common Stock Purchase Warrant (Healios K.K.), Common Stock Purchase Warrant (Horizon Global Corp)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareCommon Share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) Shares issued and outstanding.
Appears in 7 contracts
Samples: IIOT-OXYS, Inc., IIOT-OXYS, Inc., IIOT-OXYS, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 7 contracts
Samples: Seanergy Maritime Holdings Corp., Seanergy Maritime Holdings Corp., Seanergy Maritime Holdings Corp.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 7 contracts
Samples: Purchase Common Stock (Summit Wireless Technologies, Inc.), Common Stock Purchase Warrant (Summit Semiconductor Inc.), Prefunded Common Stock Purchase Warrant (Summit Wireless Technologies, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Preferred Stock or Common Stock Stock, as the case may be, deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Preferred Stock or Common Stock (excluding treasury shares, if any) ), as the case may be, issued and outstanding.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Innovation Pharmaceuticals Inc.), Onconova Therapeutics, Inc., Innovation Pharmaceuticals Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 7 contracts
Samples: Presidio Property Trust, Inc., Presidio Property Trust, Inc., Presidio Property Trust, Inc.
Calculations. All calculations under this Section 3 Article III shall be made to the nearest cent four decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3Article III, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of Borrower) issued and outstanding.
Appears in 7 contracts
Samples: Convertible Debenture (KonaRed Corp), Tauriga Sciences, Inc., Tauriga Sciences, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a common share, as the case may be. For purposes of this Section 3, the number of common shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of common shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 6 contracts
Samples: Versus Systems Inc., Versus Systems Inc., Versus Systems Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33 , the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 6 contracts
Samples: Common Stock Purchase Warrant (Alternus Energy Inc.), Common Stock Purchase Warrant (Alternus Energy Inc.), Alternus Energy Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th 1/1 OOth of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Sigyn Therapeutics, Inc., Sigyn Therapeutics, Inc., Sigyn Therapeutics, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Equity Purchase Agreement (Aeva Technologies, Inc.), Common Stock Purchase (Mri Interventions, Inc.), Cell Therapeutics Inc
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Share deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Vasogen Inc, Vasogen Inc, Vasogen Inc
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. f) Notice to Holder. i.
Appears in 5 contracts
Samples: Agent Common Stock Purchase (Harbor Custom Development, Inc.), Common Stock Purchase Warrant (Harbor Custom Development, Inc.), Electriq Power Holdings, Inc.
Calculations. All calculations under this Section 3 Article III shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3Article III, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Investment Agreement (Applied Minerals, Inc.), Warrant (Applied Minerals, Inc.), Applied Minerals, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or rounded up to the nearest 1/100th of a whole share, as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issue or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 5 contracts
Samples: Warrant Agent Agreement (Mechanical Technology Inc), Mechanical Technology Inc, Mechanical Technology Inc
Calculations. All calculations under this Section 3 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Integrity Applications, Inc., Integrity Applications, Inc., Integrity Applications, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issue or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 4 contracts
Samples: Management Consulting Agreement (Dynacast Inc.), Dynacast Inc., Dynacast Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Optimus Healthcare Services, Inc.), Common Stock Purchase Warrant (Forward Industries Inc), Optimus Healthcare Services, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Pressure Biosciences Inc), Common Stock Purchase (SAB Biotherapeutics, Inc.), Bright Green Corp
Calculations. All calculations under this Section 3 1(b) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 31(b), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Securities Purchase Agreement (KIT Digital, Inc.), Securities Purchase Agreement (LabStyle Innovations Corp.), Securities Purchase Agreement (Digital Domain Media Group, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. (g) Notice to Holder. i.
Appears in 3 contracts
Samples: Kiora Pharmaceuticals Inc, Kiora Pharmaceuticals Inc, Kiora Pharmaceuticals Inc
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding exclude treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Cytrx Corp), HSW International, Inc., Spacedev Inc
Calculations. All calculations under this Section 3 3B shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33B, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of the Company) issued and outstanding.
Appears in 3 contracts
Samples: Promissory Note (Bridgeline Digital, Inc.), Bridgeline Digital, Inc., Bridgeline Digital, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding..
Appears in 3 contracts
Samples: Kiromic Biopharma, Inc., Timber Pharmaceuticals, Inc., Capricor Therapeutics, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. e.
Appears in 3 contracts
Samples: MFP Investors LLC, MFP Investors LLC, MFP Investors LLC
Calculations. All calculations under this Section 3 shall will be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall will be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Vubotics Inc, Vubotics Inc, Guided Therapeutics Inc
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 3 contracts
Samples: Genta Inc De/, Genta Inc De/, Genta Inc De/
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 3, any calculation of the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding not include treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Notice of Exercise (Diffusion Pharmaceuticals Inc.), Tempest Therapeutics, Inc., CervoMed Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any*) issued and outstanding.
Appears in 3 contracts
Samples: Creative Medical Technology Holdings, Inc., Creative Medical Technology Holdings, Inc., Uppercut Brands, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Chanticleer Holdings, Inc., Cemtrex Inc, Chanticleer Holdings, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a nearest share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: uploads-ssl.webflow.com, uploads-ssl.webflow.com, uploads-ssl.webflow.com
Calculations. All calculations under this Section section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Vocodia Holdings Corp), Common Stock Purchase Warrant (Vocodia Holdings Corp), Common Stock Purchase (Paid Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (MamaMancini's Holdings, Inc.), BiomX Inc., BiomX Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th one one-hundredth (1/100th) of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Common Stock Purchase (Rexahn Pharmaceuticals, Inc.), Underwriting Agreement (Rexahn Pharmaceuticals, Inc.), Rexahn Pharmaceuticals, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Class B Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Class B Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Underwriting Agreement (RumbleON, Inc.), Underwriting Agreement (RumbleON, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest 1/100th of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. Investor Initials:
Appears in 2 contracts
Samples: Notice of Exercise (RespireRx Pharmaceuticals Inc.), Notice of Exercise (RespireRx Pharmaceuticals Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th 11100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (DPW Holdings, Inc.), HeartCore Enterprises, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3Section, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of the Company) issued and outstanding.
Appears in 2 contracts
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock CommonStock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Clarus Therapeutics Holdings, Inc., Clarus Therapeutics Holdings, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding..
Appears in 2 contracts
Samples: Timber Pharmaceuticals, Inc., Kiromic Biopharma, Inc.
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: BioMETRX, Soluna Holdings, Inc
Calculations. All calculations under this Section 3 shall be ------------ made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: UC Hub Group Inc, UC Hub Group Inc
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) then issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Verb Technology Company, Inc.), Verb Technology Company, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest hundredth of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Hancock Jaffe Laboratories, Inc., enVVeno Medical Corp
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of Common Shares (excluding any treasury shares of Common Stock (excluding treasury shares, if anythe Company) issued and outstanding.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Tanzanian Royalty Exploration Corp), Tanzanian Royalty Exploration Corp
Calculations. All calculations under this Section 3 ARTICLE III shall be made to the nearest cent or the nearest 1/100th of a shareCommon Share, as the case may be. For purposes of this Section 3ARTICLE III, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury sharesCommon Shares owned by or held by or for the account of the Company, if any) issued and outstanding.
Appears in 2 contracts
Samples: Z Trim Holdings, Inc, Z Trim Holdings, Inc
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Warrant Agency Agreement (1847 Holdings LLC), Warrant Agency Agreement (1847 Holdings LLC)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be; provided that any individual adjustments below one cent or 1/100th of a share that arise from one or more related transactions shall be aggregated for purposes of determining the appropriate adjustment hereunder. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Plug Power Inc), Common Stock Purchase (Plug Power Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Notice to Holders.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Viking Systems Inc), Common Stock Purchase Warrant (Mechanical Technology Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th 1/10,000th of a share, as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issue or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 2 contracts
Samples: Exchange Agreement (Elite Pharmaceuticals Inc /Nv/), Elite Pharmaceuticals Inc /Nv/
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33 , the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (22nd Century Group, Inc.), 22nd Century Group, Inc.
Calculations. All calculations under this Section 3 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issuance or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 2 contracts
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of JanOne) issued and outstanding.
Appears in 2 contracts
Samples: JanOne Inc., JanOne Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Any calculation under this Section shall be made by the Company and shall be deemed presumptively correct absent manifest error.
Appears in 2 contracts
Samples: Marimed Inc., Marimed Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding. Notice to Holder.
Appears in 2 contracts
Samples: Warrant Agent Agreement (Auris Medical Holding Ltd.), Warrant Agent Agreement (Auris Medical Holding Ltd.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Equity Underwriting Agreement (Scynexis Inc), Common Stock Purchase (Scynexis Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (Stock, excluding treasury shares, if any) , issued and outstanding.
Appears in 2 contracts
Samples: Subscription Purchase Agreement (Armada Oil, Inc.), Securities Purchase Agreement (Armada Oil, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest whole cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum account of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstandingCompany.
Appears in 2 contracts
Samples: Transaction Documents (Aura Systems Inc), Loan Agreement (Aura Systems Inc)
Calculations. All calculations under this Section 3 3(g) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33(g), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Curative Biotechnology Inc, Curative Biotechnology Inc
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. 2097040 20382.00002
Appears in 1 contract
Samples: Calm Waters Partnership
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th l/l00th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sigyn Therapeutics, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. g) Notice to Holder. 11 \\PH - 036137/000007 - 388602 v1
Appears in 1 contract
Samples: Fibrocell Science, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Class A Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Class A Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Warrant Agency Agreement (T1V, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. 2097041 20382.00002
Appears in 1 contract
Samples: Calm Waters Partnership
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be the sum of the number of not includes shares of Common Stock (excluding owned or held by or for the account of the Company as treasury shares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 3 shall be made ------------ to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number number. of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Reed's, Inc.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th 11100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: NLS Pharmaceutics Ltd.
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareshare or Unit, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: WaferGen Bio-Systems, Inc.
Calculations. All calculations under this Section 3 2.00 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32.00, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. f) Notice to Holder. i.
Appears in 1 contract
Samples: eWELLNESS HEALTHCARE Corp
Calculations. All calculations under this Section 3 shall be made by the Company to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Class A Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Class A Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Inspire Veterinary Partners, Inc.
