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 9817 contracts

Sources: Warrant to Purchase Common Stock (Curis Inc), Pre Funded Common Stock Purchase Warrant (iSpecimen Inc.), Security Agreement (SUI Group Holdings 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~~ 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 896 contracts

Sources: Placement Agent Ordinary Share Purchase Warrant (Silexion Therapeutics Corp), Pre Funded Ordinary Share Purchase Warrant (Silexion Therapeutics Corp), Series E Ordinary Share Purchase Warrant (Silexion Therapeutics 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 ~~shares of~~ Common ~~Stock~~ Shares (excluding treasury shares, if any) issued and outstanding.

Appears in 668 contracts

Sources: Pre Funded Common Share Agreement (NewcelX Ltd.), Common Share Purchase Warrant (NewcelX Ltd.), Common Share Purchase Warrant (C3is Inc.)

Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a ~~share~~share 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 242 contracts

Sources: Security Agreement (Cycurion, Inc.), Pre Funded Warrant Agreement (VivoSim Labs, INC.), Common Stock Purchase Warrant (VivoSim Labs, 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 228 contracts

Sources: Pre Funded Warrant Agreement (Assembly Biosciences, Inc.), Asset Purchase Agreement (Inseego Corp.), Subscription Agreement (Inseego 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. 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

Sources: Security Agreement (Callisto Pharmaceuticals Inc), Securities Purchase Agreement (Hartville Group Inc), Securities Purchase Agreement (Hartville Group 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 67 contracts

Sources: Purchase Warrant (Serina Therapeutics, Inc.), Common Stock Purchase Warrant (Modular Medical, Inc.), Pre Funded Common Stock Purchase Warrant (Modular Medical, 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 54 contracts

Sources: Common Stock Purchase Warrant (Worksport LTD), Placement Agent Warrant (Tianci International, Inc.), Common Stock Purchase Warrant (Tianci International, 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 39 contracts

Sources: Security Agreement (HealthLynked Corp), Common Stock Purchase Warrant (HealthLynked Corp), Common Stock Purchase Warrant (HealthLynked Corp)

Appears in 38 contracts

Sources: Common Stock Purchase Warrant (Propanc Biopharma, Inc.), Warrant Agency Agreement (Opti-Harvest, Inc.), Common Stock Purchase Warrant (Elate Group, 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 36 contracts

Sources: Warrant Agreement (Matternet, Inc.), Warrant Agreement (Deep Fission, Inc.), Warrant Agreement (Deep Fission, Inc.)

Calculations. All calculations under this Section 3 shall be made to the nearest fraction of a cent as in the initial Exercise Price 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 31 contracts

Sources: Securities Purchase Agreement (GridAI Technologies Corp.), Security Agreement (GridAI Technologies Corp.), Security Agreement (Global Interactive Technologies, 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 31 contracts

Sources: Common Stock Purchase Warrant (Upexi, Inc.), Common Stock Purchase Warrant (Nano Nuclear Energy Inc.), Placement Agent Common Stock Purchase Warrant (Lomond 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. 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

Sources: Security Agreement (Inpellis, Inc.), Common Stock Purchase Warrant (Inpellis, Inc.), Security Agreement (Chembio Diagnostics, Inc.)

Appears in 30 contracts

Sources: Common Stock Purchase Warrant (Aqua Metals, Inc.), Common Stock Purchase Warrant (Modular Medical, Inc.), Common Stock Purchase Warrant (Modular Medical, 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 27 contracts

Sources: Securities Contribution Agreement (ZeroStack Corp.), Share Exchange Agreement (ZeroStack Corp.), Security Agreement (ZeroStack Corp.)

Appears in 22 contracts

Sources: Share Exchange Agreement (Giga Tronics Inc), Security Agreement (Giga Tronics Inc), Security Agreement (Pressure Biosciences 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 21 contracts

Sources: Demand Promissory Note and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.), Warrant Agreement (RespireRx Pharmaceuticals Inc.), Demand Promissory Note and Warrant Purchase Agreement (RespireRx Pharmaceuticals 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

Sources: Warrant Agreement (Kingold Jewelry, Inc.), Common Stock Purchase Warrant (Bioxytran, Inc), Common Stock Purchase Warrant (Bioxytran, 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 19 contracts

Sources: Warrant Agreement (Vulcan Infrastructure & Power Inc.), Security Agreement (Inflection Point Acquisition Corp. VI), Security Agreement (DT Cloud Star Acquisition 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 (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 ~~outstanding~~outstanding on such date.

Appears in 18 contracts

Sources: Warrant Agreement (Backblaze, Inc.), Warrant Agreement (Backblaze, Inc.), Securities Purchase Agreement (Ekso Bionics 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 17 contracts

Sources: Securities Purchase Agreement (Hartville Group Inc), Security Agreement (Power 3 Medical Products Inc), Securities Agreement (American Access Technologies Inc)

Appears in 15 contracts

Sources: Common Stock Purchase Warrant (Genta Inc De/), Security Agreement (Genta Inc De/), Warrant Agreement (Novadel Pharma 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 14 contracts

Sources: Fourth Extension and Amendment Agreement, Common Stock Purchase Warrant (Envision Solar International, Inc.), Common Stock Purchase Warrant (Biolabmart Inc.)

Appears in 12 contracts

Sources: Security Agreement (Glucotrack, Inc.), Common Stock Purchase Warrant (Glucotrack, Inc.), Security Agreement (Glucotrack, 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 11 contracts

Sources: Common Stock Purchase Warrant (Precision Biosciences Inc), Pre Funded Common Stock Purchase Warrant (Precision Biosciences Inc), Common Stock Purchase Warrant (Precision Biosciences Inc)

Appears in 11 contracts

Sources: Security Agreement (Mobix Labs, Inc), Security Agreement (Mobix Labs, Inc), Security Agreement (Mobix Labs, Inc)

Appears in 10 contracts

Sources: Securities Purchase Agreement (Ideal Power Inc.), Series a Warrant (Innventure, Inc.), Warrant Agency Agreement (Fossil Canada, 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 10 contracts

Sources: Pipe Common Warrant (Greenlane Holdings, Inc.), Pipe Common Warrant (Greenlane Holdings, Inc.), Common Warrant Agreement (Safety Shot, Inc.)

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 10 contracts

Sources: Warrant Agreement (First Breach, Inc.), Warrant Agreement (First Breach, Inc.), Warrant Agreement (First Breach, 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 10 contracts

Sources: Securities Purchase Agreement (DevvStream Corp.), Securities Purchase Agreement (Quantum Computing Inc.), Securities Purchase Agreement (Quantum Computing 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 9 contracts

Sources: Note and Warrant Exchange Agreement (Kingstone Companies, Inc.), Warrant Agreement (Great Ajax Corp.), Warrant Agreement (Great Ajax Corp.)

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

Sources: Securities Purchase Agreement (Red Lake Exploration Inc.), Securities Purchase Agreement (Bullion River Gold Corp), Security Agreement (Bullion River Gold Corp)

Appears in 9 contracts

Sources: Common Stock Purchase Warrant (Scholar Rock Holding Corp), Placement Agent Common Stock Purchase Warrant (Liminatus Pharma, Inc.), Common Stock Purchase Warrant (Liminatus Pharma, 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 8 contracts

Sources: Security Agreement (Stablecoin Development Corp), Security Agreement (NovaBay Pharmaceuticals, Inc.), Security Agreement (VisionWave Holdings, Inc.)

Appears in 8 contracts

Sources: Common Stock Purchase Warrant (bioAffinity Technologies, Inc.), Subscription Agreement (Optimus Healthcare Services, Inc.), Security Agreement (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~~ 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

Sources: Security Agreement (Blue Chip Capital Group Inc.), Security Agreement (Blue Chip Capital Group Inc.), Securities Agreement (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 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

Sources: Series 1/2 Preferred Stock Purchase Warrant (Innovation Pharmaceuticals Inc.), Series a Convertible Preferred Stock Purchase Warrant (Akers Biosciences, Inc.), Warrant Agreement (Innovation 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 7 contracts

Sources: Common Stock Purchase Warrant (Tharimmune, Inc.), Common Stock Purchase Warrant (Tharimmune, Inc.), Warrant Agreement (Tharimmune, 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

Sources: Warrant Agreement (Presidio Property Trust, Inc.), Security Agreement (Sg Blocks, Inc.), Warrant Agreement (Presidio Property Trust, 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

Sources: Warrant Agreement (Seanergy Maritime Holdings Corp.), Warrant Agreement (Seanergy Maritime Holdings Corp.), Warrant Agreement (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 ~~share~~share of Common Shares, 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

Sources: Common Share Purchase Warrant (Aduro Clean Technologies Inc.), Common Share Purchase Warrant (Aduro Clean Technologies Inc.), Underwriting Agreement (Aduro Clean Technologies Inc.)

Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a ~~share~~share 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

Sources: Warrant to Purchase Common Stock (Summit Wireless Technologies, Inc.), Securities Agreement (Summit Wireless Technologies, Inc.), Securities Agreement (Summit Semiconductor 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 3~~Article 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 any~~shares of Borrower) issued and outstanding.

Appears in 7 contracts

Sources: Convertible Debenture (Tauriga Sciences, Inc.), Convertible Security Agreement (Tauriga Sciences, Inc.), Convertible Debenture (Tauriga Sciences, Inc.)

Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a ~~share~~Common 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

Sources: Security Agreement (IIOT-OXYS, Inc.), Securities Agreement (IIOT-OXYS, Inc.), Security Agreement (IIOT-OXYS, 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 6 contracts

Sources: Warrant Agreement (InMed Pharmaceuticals Inc.), Warrant Agreement (Cyclerion Therapeutics, Inc.), Warrant Agreement (Jade Biosciences, Inc.)

Calculations. ~~All calculations~~ 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 6 contracts

Sources: Security Agreement (Bio Bridge Science Inc), Security Agreement (Bio Bridge Science Inc), Security Agreement (Bio Bridge Science Inc)

Calculations. All calculations under this Section 3 ‎3 shall be made to the nearest fraction of a cent as in the initial Exercise Price 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 6 contracts

Sources: Pipe Common Warrant (Nexentis Technologies Inc.), Pipe Common Warrant (Nexentis Technologies Inc.), Pipe Common Warrant (Viewbix 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 outstanding~~Stock.

Appears in 5 contracts

Sources: Management Consulting Agreement, Warrant Agreement (Dynacast Inc.), Management Consulting Agreement (Dynacast 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

Sources: Convertible Security Agreement (Sigyn Therapeutics, Inc.), Common Stock Purchase Warrant (Sigyn Therapeutics, Inc.), Convertible Security Agreement (Sigyn Therapeutics, 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 3~~Article 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

Sources: Warrant Agreement (Applied Minerals, Inc.), Warrant Agreement (Applied Minerals, Inc.), Warrant Agreement (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 be~~applicable. ~~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 outstanding~~Stock.

Appears in 5 contracts

Sources: Warrant Agreement (Mechanical Technology Inc), Warrant Agent Agreement (Mechanical Technology Inc), Warrant Agreement (Mechanical 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 5 contracts

Sources: Standby Equity Purchase Agreement (Aeva Technologies, Inc.), Common Stock Purchase Warrant (Mri Interventions, Inc.), Common Stock Purchase Warrant (Cell Therapeutics Inc)

Calculations. All calculations under ~~this Section~~ Sections 2, 3 and 4 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~~Sections 2, 3 and 4, 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

Sources: Security Agreement (Brag House Holdings, Inc.), Underwriting Agreement (Ondas Holdings Inc.), Security Agreement (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~~Section, 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 any~~shares of the Company) issued and outstanding.

Appears in 4 contracts

Sources: Convertible Security Agreement (DNA X, Inc.), Convertible Security Agreement (Sonim Technologies Inc), Impact Note Purchase Agreement

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

Sources: Securities Purchase Agreement (LabStyle Innovations Corp.), Securities Purchase Agreement (Digital Domain Media Group, Inc.), Securities Purchase Agreement (KIT Digital, Inc.)

Calculations. All calculations and adjustments to the Conversion Price 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

Sources: Securities Agreement (DDS Technologies Usa Inc), Securities Agreement (Imedia International Inc), Securities Agreement (Western Power & Equipment 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 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. Notwithstanding the foregoing, in no event may the Exercise Price be adjusted below the par value of the Class A Common Stock then in effect.

Appears in 4 contracts

Sources: Warrant Agreement (Strive, Inc.), Subscription Agreement (Strive, Inc.), Warrant Agreement (Strive, Inc.)

Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a ~~share~~Common 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 4 contracts

Sources: Security Agreement (Digihost Technology Inc.), Security Agreement (Vicinity Motor Corp), Security Agreement (Vicinity Motor Corp)

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

Sources: Warrant Agreement (Cemtrex Inc), Warrant Agreement (Chanticleer Holdings, Inc.), Common Stock Purchase Warrant (Chanticleer Holdings, Inc.)

Appears in 3 contracts

Sources: Security Agreement (Emerald Medical Applications Corp.), Security Agreement (Emerald Medical Applications Corp.), Security Agreement (Capnia, 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

Sources: Impact Note Purchase Agreement, Common Stock Purchase Agreement, Impact Note Purchase Agreement

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

Sources: Pre Funded Common Stock Purchase Warrant (CervoMed Inc.), Pre Funded Common Stock Purchase Warrant (Diffusion Pharmaceuticals Inc.), Pre Funded Common Stock Purchase Warrant (Tempest Therapeutics, Inc.)

Appears in 3 contracts

Sources: Security Agreement (Uppercut Brands, Inc.), Security Agreement (Creative Medical Technology Holdings, Inc.), Security Agreement (Creative Medical Technology Holdings, Inc.)

Appears in 3 contracts

Sources: Pre Funded Common Stock Purchase Warrant (Nuburu, Inc.), Pre Funded Common Stock Purchase Warrant (Nuburu, Inc.), Pre Funded Common Stock Purchase Warrant (Nuburu, 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 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 3 contracts

Sources: Warrant Agreement (Inspire Veterinary Partners, Inc.), Class a Common Stock Purchase Warrant (Inspire Veterinary Partners, Inc.), Warrant Agreement (Inspire Veterinary Partners, 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 any~~shares of the Company) issued and outstanding.

Appears in 3 contracts

Sources: Promissory Note Amendment (Bridgeline Digital, Inc.), Promissory Note (Bridgeline Digital, Inc.), Promissory Notes (Bridgeline Digital, 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

Sources: Underwriting Agreement (Rexahn Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Rexahn Pharmaceuticals, Inc.), Common Stock Purchase Warrant (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 34, the nearest 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 any) issued and outstanding.

Appears in 3 contracts

Sources: Asset Purchase Agreement (Splash Beverage Group, Inc.), Certificate of Designations, Preferences and Rights of the Series F 1 Convertible Preferred Stock (Eastside Distilling, Inc.), Certificate of Designations, Preferences and Rights of the Series F Convertible Preferred Stock (Eastside Distilling, Inc.)

Appears in 3 contracts

Sources: Convertible Security Agreement (JanOne Inc.), Convertible Security Agreement (JanOne Inc.), Convertible Security Agreement (LIVE VENTURES Inc)

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

Sources: Warrant Agreement (Guided Therapeutics Inc), Securities Agreement (Vubotics Inc), Security Agreement (Vubotics Inc)

Appears in 3 contracts

Sources: Common Stock Purchase Warrant (Genta Inc De/), Common Stock Purchase Warrant (Genta Inc De/), Common Stock Purchase Warrant (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~~Share, as the case may be. For purposes of this Section 3, the number of ~~shares~~ Shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of ~~shares~~ Shares of Common Stock (excluding treasury ~~shares~~Shares, if any) issued and outstanding.

Appears in 3 contracts

Sources: Common Stock Warrant (IO Biotech, Inc.), Common Stock Warrant (IO Biotech, Inc.), Common Stock Warrant (IO Biotech, 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

Sources: Common Stock Purchase Warrant (HSW International, Inc.), Warrant Agreement (Cytrx Corp), Securities Agreement (Spacedev 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 3 contracts

Sources: Security Agreement (Firefly Neuroscience, Inc.), Security Agreement (Firefly Neuroscience, Inc.), Common Stock Purchase Warrant (Digital Brands 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) issued and outstanding.

Appears in 3 contracts

Sources: Common Stock Purchase Warrant (Flyexclusive Inc.), Common Stock Purchase Warrant (Flyexclusive Inc.), Common Stock Purchase Warrant (Flyexclusive 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

Sources: Common Stock Purchase Warrant (MamaMancini's Holdings, Inc.), Pre Funded Common Stock Agreement (BiomX Inc.), Pre Funded Common Stock Agreement (BiomX 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

Sources: 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; 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

Sources: Common Stock Purchase Warrant (Plug Power Inc), Common Stock Purchase Warrant (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 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

Sources: Underwriting Agreement (RumbleON, Inc.), Underwriting Agreement (RumbleON, 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

Sources: Security Agreement (Soluna Holdings, Inc), Security Agreement (BioMETRX)

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~~ Shares (excluding treasury shares, if any) issued and outstanding.

Appears in 2 contracts

Sources: Pre Funded Common Stock Purchase Warrant (La Rosa Holdings Corp.), Pre Funded Common Stock Purchase Warrant (La Rosa Holdings 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 (~~Stock, excluding treasury shares, if any) , issued and outstanding.

Appears in 2 contracts

Sources: Security Agreement (Armada Oil, Inc.), Warrant Agreement (Armada Oil, Inc.)

Calculations. All calculations under this Section 3 shall be made to the nearest U.S.A cent or the nearest 1/100th of a ~~share~~share of Common Stock, as the case may be. For purposes of this Section 3, the number of shares of Common ~~Stock~~ Stock, as applicable, deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common ~~Stock~~ Stock, as applicable, (excluding treasury shares, if any) issued and outstanding.

Appears in 2 contracts

Sources: Warrant Agreement (LQR House Inc.), Warrant Agreement (LQR House Inc.)

Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a ~~share~~share of common stock, as the case may be. For purposes of this Section 3, the number of shares of ~~Common Stock~~ 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~~ common stock (excluding treasury shares, if any) issued and outstanding.

Appears in 2 contracts

Sources: Underwriting Agreement (Liqtech International Inc), Underwriter’s Common Stock Purchase Warrant (Liqtech International Inc)

Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest ~~1/100th~~ l/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

Sources: Convertible Security Agreement (Sigyn Therapeutics, Inc.), Common Stock Purchase Warrant (SHARING SERVICES GLOBAL 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~~ Shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of ~~shares~~ Shares of Common Stock (excluding treasury shares, if any) issued and outstanding.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Professional Diversity Network, Inc.), Common Stock Purchase Warrant (Professional Diversity Network, 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, 2 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

Sources: Warrant Agreement (SANUWAVE Health, Inc.), Warrant Agreement (SANUWAVE Health, 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 be~~applicable. ~~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 outstanding~~Stock.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Inventergy Global, Inc.), Common Stock Purchase Warrant (Inventergy Global, Inc.)

Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest ~~1/100th~~ 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 2 contracts

Sources: Securities Purchase Agreement (Rockwell Medical, Inc.), Warrant Agreement (Rockwell Medical, Inc.)

Appears in 2 contracts

Sources: Securities Agreement (Timber Pharmaceuticals, Inc.), Purchase Warrant (Kiromic 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 2 contracts

Sources: Equity Underwriting Agreement (Scynexis Inc), Common Stock Purchase Warrant (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 (excluding treasury shares, if any) issued and outstanding.

Appears in 2 contracts

Sources: Securities Agreement (UC Hub Group Inc), Securities Agreement (UC Hub Group 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

Sources: Common Stock Purchase Warrant (Curative Biotechnology Inc), Common Stock Purchase Warrant (Curative Biotechnology 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 be~~applicable. 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 outstanding~~Company.

Appears in 2 contracts

Sources: Loan Agreement (Aura Systems Inc), Securities Purchase Agreement (Aura Systems Inc)

Calculations. All calculations under this Section 3 III shall be made to the nearest fraction of a cent as in the initial Exercise Price or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3III, 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

Sources: Pipe Common Warrant (Lixte Biotechnology Holdings, Inc.), Security Agreement (Lixte Biotechnology 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~~ CommonStock (excluding treasury shares, if any) issued and outstanding.

Appears in 2 contracts

Sources: Class a Common Stock Purchase Warrant (Clarus Therapeutics Holdings, Inc.), Class a Common Stock Purchase Warrant (Clarus Therapeutics Holdings, 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 be~~applicable. ~~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 outstanding~~Stock.

Appears in 2 contracts

Sources: Exchange Agreement (Elite Pharmaceuticals Inc /Nv/), Common Stock Purchase Warrant (Elite Pharmaceuticals Inc /Nv/)

Appears in 2 contracts

Sources: 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 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 any~~the Company) issued and outstanding.

Appears in 2 contracts

Sources: Convertible Security Agreement (Tanzanian Royalty Exploration Corp), Securities Purchase Agreement (Tanzanian Royalty Exploration Corp)

Common use of Calculations Clause in Contracts