Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 604 contracts
Samples: Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Unusual Machines, Inc.), Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp)
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 76 contracts
Samples: Common Stock Purchase Warrant (theMaven, Inc.), These Warrants And (iPower Inc.), Common Stock Purchase Warrant (theMaven, Inc.)
Calculations. All calculations under this Section 9 10 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 51 contracts
Samples: Warrant Agreement, Empire Petroleum Corp, Securities Purchase Agreement (Empire Petroleum Corp)
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 41 contracts
Samples: Securities Purchase Agreement (Energous Corp), SPYR, Inc., Advisory Board Agreement (eCrypt Technologies, Inc.)
Calculations. All calculations under this Section 9 4 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 35 contracts
Samples: Castellum, Inc., Form of Warrant Agreement (General Finance CORP), Note Purchase Agreement (Wright Investors Service Holdings, Inc.)
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue issuance or sale of Common Stock.
Appears in 34 contracts
Samples: Common Stock Purchase Warrant (La Rosa Holdings Corp.), Common Stock Purchase Warrant (INVO Bioscience, Inc.), Common Stock Purchase Warrant (NKGen Biotech, Inc.)
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue issuance or sale of Common Stock.
Appears in 31 contracts
Samples: Common Stock Purchase Agreement (Phoenix Biotech Acquisition Corp.), Agreement and Plan of Merger (Titan Environmental Solutions Inc.), Agreement and Plan of Merger (Titan Environmental Solutions Inc.)
Calculations. All calculations under this Section SECTION 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 30 contracts
Samples: Securities Purchase Agreement (Vaso Active Pharmaceuticals Inc), Markland Technologies Inc, Markland Technologies Inc
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition sale or issuance of any such shares shall be considered an issue or sale of Common Stock.
Appears in 23 contracts
Samples: Credit Facility Agreement (Mobivity Holdings Corp.), Credit Facility Agreement (Mobivity Holdings Corp.), Credit Facility Agreement (Mobivity Holdings Corp.)
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest 1/10000th of cent or and the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Net Element, Inc.), New Warrant Agency Agreement (Skyline Medical Inc.), New Warrant Agency Agreement (Skyline Medical Inc.)
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockShares.
Appears in 21 contracts
Samples: Warrant Agent Agreement (Direct Digital Holdings, Inc.), Warrant Agent Agreement (Direct Digital Holdings, Inc.), Warrant Agent Agreement (Direct Digital Holdings, Inc.)
Calculations. All calculations under this Section 9 7 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 18 contracts
Samples: Securities Purchase Agreement (EF Hutton Acquisition Corp I), Securities Purchase Agreement (Ondas Holdings Inc.), Securities Purchase Agreement (BOQI International Medical, Inc.)
Calculations. All calculations under this Section 9 11 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 16 contracts
Samples: Cure Pharmaceutical Holding Corp., HydroPhi Technologies Group, Inc., Securities Purchase Agreement (Easylink Services International Corp)
Calculations. All calculations under this Section 9 6 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 12 contracts
Samples: Warrant Agreement (Revel Entertainment Group, LLC), Escrow Agreement (Revel Entertainment Group, LLC), Bleach Group, Inc.
Calculations. All calculations under this Section 9 2(c) shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 10 contracts
Samples: Subscription Agreement (Air Industries Group), Subscription Agreement (Air Industries Group), Usa Equities Corp.
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 9 contracts
Samples: Protective Rights Agreement (Stratasys Inc), Sinohub, Inc., ProsoftTraining
Calculations. All calculations under this Section 9 6 shall be made to the nearest 1/10th of a cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 9 contracts
Samples: NYTEX Energy Holdings, Inc., Purchase Agreement (Samson Investment CO), Purchase Agreement (X-Change Corp)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition sale or issuance of any such shares shall be considered an issue or sale of Common Stock.
Appears in 8 contracts
Samples: Bridge Financing Agreement (Jaguar Animal Health, Inc.), Warrant Agreement (Celator Pharmaceuticals Inc), Warrant Agreement (Celator Pharmaceuticals Inc)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company; provided, and however, the provisions of this Section 9 shall apply to any sale, issuance, distribution or disposition of any such shares shall be considered an issue or sale of Common Stockby the Company.
Appears in 8 contracts
Samples: Universal Display Corp \Pa\, Universal Display Corp \Pa\, Universal Display Corp \Pa\
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest 1/1000th of cent or and the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (Precipio, Inc.), Common Stock Purchase Warrant (Precipio, Inc.), Common Stock Purchase Warrant (Transgenomic Inc)
Calculations. All calculations under this Section 9 12 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Credit Agreement (Communication Intelligence Corp), Asset Purchase Agreement (Finisar Corp), Index Oil & Gas Inc.
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest one-hundred thousandth of a cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Nova Lifestyle, Inc., Nova Lifestyle, Inc., Nova Lifestyle, Inc.
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company; provided that such shares, and the upon disposition of any such shares to a third party, shall then be considered an issue or sale of Common Stockoutstanding.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Penwest Pharmaceuticals Co), Securities Purchase Agreement (Smith & Wesson Holding Corp), Smith & Wesson Holding Corp
Calculations. All calculations under this Section 9 shall be made ------------ to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Questcor Pharmaceuticals Inc, Questcor Pharmaceuticals Inc, Questcor Pharmaceuticals Inc
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 8, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding any treasury shares of the Corporation) issued and outstanding.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Blue Water Biotech, Inc.), Asset Purchase Agreement (Veru Inc.), Subscription Agreement (ArTara Therapeutics, Inc.)
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Restructuring Agreement (Emisphere Technologies Inc), Confidential Treatment Requested (Emisphere Technologies Inc), GoFish Corp.
Calculations. All calculations under this Section 9 2 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Freedom Leaf Inc.), Warrant Agreement (Hydrogenics Corp), Securities Purchase Agreement (Hydrogenics Corp)
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 8, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding any treasury shares of Company) issued and outstanding.
Appears in 5 contracts
Samples: SANUWAVE Health, Inc., SANUWAVE Health, Inc., SANUWAVE Health, Inc.
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 7, the number of shares of Common Stock deemed to be issued and outstanding at as of a given date shall be the number of shares of Common Stock issued and outstanding (excluding any given time shall not include treasury shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockCorporation).
Appears in 5 contracts
Samples: Securities Purchase Agreement (T2 Biosystems, Inc.), Securities Purchase Agreement (Alpine Immune Sciences, Inc.), Preferred Stock Purchase Agreement (Alder Biopharmaceuticals Inc)
Calculations. All calculations under this Section 9 10 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe ease may be. The For purposes of this Section 10, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Warrant Agreement (Seattle Genetics Inc /Wa), Warrant Agreement (Immunomedics Inc), Warrant Agreement (Immunomedics Inc)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (iMedia Brands, Inc.)
Calculations. All calculations under this Section 9 6(j) shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: Millennium Cell Inc, Millennium Cell Inc, Millennium Cell Inc
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Placement Agency Agreement (SimplePons, Inc.), Aerogen Inc, Aerogen Inc
Calculations. All calculations under this Section 9 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Warrant Agreement (AtheroNova Inc.), Warrant Agreement (AtheroNova Inc.), SANUWAVE Health, Inc.
Calculations. All calculations under this Section 9 15 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Global Epoint Inc), Series B Preferred Stock Purchase Agreement (Wolverine Tube Inc), Securities Purchase Agreement (Global Epoint Inc)
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 7, the number of shares of Common Stock deemed to be issued and outstanding at as of a given date shall be the sum of the number of shares of Common Stock (excluding any given time shall not include treasury shares owned or held by or for the account of the Company, ) issued and the disposition of any such shares shall be considered an issue or sale of Common Stockoutstanding.
Appears in 4 contracts
Samples: Securities Purchase Agreement (AzurRx BioPharma, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.)
Calculations. All calculations under this Section 9 7 shall be made by rounding to the nearest one-hundred thousandth of a cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Exchange Agreement (Majesco Entertainment Co), Exchange Agreement (Majesco Entertainment Co), Registration Rights Agreement (Majesco Entertainment Co)
Calculations. All calculations under this Section 9 shall be made rounded up to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Carrington Laboratories Inc /Tx/, Carrington Laboratories Inc /Tx/, Carrington Laboratories Inc /Tx/
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: DHB Industries Inc, DHB Industries Inc, DHB Industries Inc
Calculations. All calculations under this Section 9 Article II shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: TechCom, Inc., TechCom, Inc., TechCom, Inc.
Calculations. All calculations under this Section 9 11 shall ------------ be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Demarco Energy Systems of America Inc, Demarco Energy Systems of America Inc, Demarco Energy Systems of America Inc
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: RHL Group, Inc., MMR Information Systems, Inc., MMR Information Systems, Inc.
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its subsidiaries. For purposes of this Section 7, the number of shares of Common Stock deemed to be issued and the disposition outstanding as of any such shares a given date shall be considered an issue or sale the sum of the number of shares of Common StockStock (excluding treasury shares and shares owned by subsidiaries, if any) actually issued and outstanding.
Appears in 4 contracts
Samples: Securities Purchase Agreement (China Wind Systems, Inc), Securities Purchase Agreement (China Education Alliance Inc.), Securities Purchase Agreement (Malex Inc)
Calculations. All calculations under this Section 9 7 shall be made by rounding to the nearest cent or the nearest 1/100th of a cent or the nearest whole share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 4 contracts
Samples: Subordinated Convertible Debenture (Remark Holdings, Inc.), Subordinated Convertible Debenture (Remark Holdings, Inc.), Remark Holdings, Inc.
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a an share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition sale or issuance of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Lm Funding America, Inc., Lm Funding America, Inc., Lm Funding America, Inc.
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Baxano Surgical, Inc.), Securities Purchase Agreement (Mri Interventions, Inc.), Mri Interventions, Inc.
Calculations. All calculations under this Section 9 8 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Phoenix Biotech Acquisition Corp.), Agreement and Plan of Merger (Aditxt, Inc.), Securities Purchase Agreement (Digital Health Acquisition Corp.)
Calculations. All Without derogating from Section 12, all calculations under this Section 9 10 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 3 contracts
Samples: Top Image Systems LTD, Top Image Systems LTD, Hale Martin M Jr
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 3 contracts
Samples: Veg House Holdings Inc., Veg House Holdings Inc., Zerospo
Calculations. All calculations under this Section 9 2 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Settlement Agreement and Release (GigOptix, Inc.), Securities Purchase Agreement (GigOptix, Inc.), GigOptix, Inc.
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: CorMedix Inc., CorMedix Inc., CorMedix Inc.
Calculations. All calculations under this Section 9 12 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyBorrower, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Aerogen Inc, Aerogen Inc, Aerogen Inc
Calculations. All calculations under this Section 9 11 shall ------------ ---------- be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Achievement Tech Holdings Inc /Id/, Achievement Tech Holdings Inc /Id/, Achievement Tech Holdings Inc /Id/
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a whole share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Nova Biosource Fuels, Inc., Nova Biosource Fuels, Inc., Nova Biosource Fuels, Inc.
Calculations. All calculations under this Section 9 ------------ --------- shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Zoltek Companies Inc, Zoltek Companies Inc, Zoltek Companies Inc
Calculations. All calculations under this Section 9 7 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sundial Growers Inc.), Securities Restructuring Agreement (Sundial Growers Inc.), Securities Purchase Agreement (Globus Maritime LTD)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Subscription Agreement (Jesup & Lamont, Inc.), Subscription Agreement (Jesup & Lamont, Inc.), Subscription Agreement (Harvco, LLC)
Calculations. All calculations under this Section 9 11 shall be ------------ ---------- made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Questcor Pharmaceuticals Inc, Questcor Pharmaceuticals Inc, Achievement Tech Holdings Inc /Id/
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 8, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding any treasury shares of Parent) issued and outstanding.
Appears in 3 contracts
Samples: XpresSpa Group, Inc., XpresSpa Group, Inc., XpresSpa Group, Inc.
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Security Agreement (Stratus Media Group, Inc), Security Agreement (Stratus Media Group, Inc)
Calculations. All calculations under this Section 9 10 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyParent, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Empire Petroleum Corp, Empire Petroleum Corp
Calculations. All calculations under this Section 9 2 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue issuance or sale of shares of Common Stock.
Appears in 2 contracts
Samples: Warrant Agent Agreement (Splash Beverage Group, Inc.), Registration Rights Agreement (Bergio International, Inc.)
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 7, the number of shares of Common Stock deemed to be issued and outstanding at as of a given date shall be the number of shares of Common Stock (excluding any given time shall not include treasury shares owned or held by or for the account of the Company, Corporation) issued and the disposition of any such shares shall be considered an issue or sale of Common Stockoutstanding.
Appears in 2 contracts
Samples: Underwriting Agreement (Societal CDMO, Inc.), Stock Purchase Agreement (Regeneron Pharmaceuticals, Inc.)
Calculations. All calculations under this ------------ Section 9 shall be made to the nearest cent or the nearest 1/100th of a --------- share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Zoltek Companies Inc, Zoltek Companies Inc
Calculations. All calculations under this Section 9 2(d) shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue issuance or sale of Common Stock.
Appears in 2 contracts
Samples: Subscription Agreement (ARYA Sciences Acquisition Corp IV), Subscription Agreement (ARYA Sciences Acquisition Corp IV)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition sale or issuance of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 2 contracts
Samples: Zomedica Corp., Zomedica Corp.
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of the Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of the Common Stock.
Appears in 2 contracts
Samples: Share Pledge Agreement (OccuLogix, Inc.), Share Pledge Agreement (OccuLogix, Inc.)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable, and may include such reasonable assumptions as may be made by the Company. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue issuance or sale of Common Stock.
Appears in 2 contracts
Samples: Sulphco Inc, Sulphco Inc
Calculations. All calculations under this Section 9 10 shall be made to the nearest cent or the nearest 1/100th of a whole share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale outstanding shares of Common Stock.
Appears in 2 contracts
Samples: Underwriting Agreement (Cerecor Inc.), Underwriting Agreement (Cerecor Inc.)
Calculations. All calculations under this Section 9 SECTION 13 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 2 contracts
Samples: North American Palladium LTD, North American Palladium LTD
Calculations. All calculations under this Section 9 13 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (TFF Pharmaceuticals, Inc.), Securities Purchase Agreement (TFF Pharmaceuticals, Inc.)
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 8, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Warrant and Put Option Agreement (Xenomics Inc), And Restated Warrant Agreement (Xenomics Inc)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company; provided that such shares, and the upon disposition of any such shares to a third party, shall then be considered an issue or sale of Common Stockoutstanding.
Appears in 2 contracts
Samples: Blue Rhino Corp, Blue Rhino Corp
Calculations. All calculations under this Section 9 6 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Truli Technologies, Inc.), Exchange Agreement (Truli Technologies, Inc.)
Calculations. All calculations under this Section 9 SECTION 11 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vaso Active Pharmaceuticals Inc), Gurunet Corp
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 9, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Alimera Sciences Inc, Stock Purchase Warrant (Boston Therapeutics, Inc.)
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 7, the number of shares of Common Stock deemed to be issued and outstanding at as of a given date shall be the number of shares of Common Stock (excluding any given time shall not include treasury shares owned or held by or for the account of the Company, Corporation) issued and the disposition outstanding as of any such shares shall be considered an issue or sale of Common Stockdate.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CBD Energy LTD), Agreement and Plan of Merger (Westinghouse Solar, Inc.)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 9, the number of shares of Common Stock deemed to be issued and outstanding at as of a given date shall be the sum of the number of shares of Common Stock (excluding any given time shall not include treasury shares owned or held by or for the account of the Company, ) issued and the disposition of any such shares shall be considered an issue or sale of Common Stockoutstanding.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.)
Calculations. All calculations under this ------------ Section 9 4 shall be made to the nearest cent or the nearest 1/100th of a share, --------- as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Merriman Curhan Ford Group, Inc., Merriman Curhan Ford Group, Inc.
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition sale or issuance of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Underwriting Agreement (Ziopharm Oncology Inc), International Fight League, Inc.
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: www.sec.gov, Quicklogic Corporation
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th 1/1,000th of a share, as applicablethe case may be. The For purposes of this Section 7, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding any treasury shares of the Corporation) issued and outstanding.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Adamis Pharmaceuticals Corp), Agreement and Plan of Merger and Reorganization (Adamis Pharmaceuticals Corp)
Calculations. All calculations under this Section 9 8(b) shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 8(b) the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding any treasury shares of Company) issued and outstanding.
Appears in 2 contracts
Samples: SANUWAVE Health, Inc., SANUWAVE Health, Inc.
Calculations. All calculations under this Section SECTION 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition sale or issuance of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 2 contracts
Samples: North American Palladium LTD, North American Palladium LTD
Calculations. All calculations under this Section 9 1(g)(ii) shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue issuance or sale of Common Stock.
Appears in 1 contract
Samples: Warrant Agency Agreement (Synergy Pharmaceuticals, Inc.)
Calculations. All calculations under this Section 9 15 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanySDINC, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Calculations. All calculations under this Section 9 11 shall ------------ be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyBorrower, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: 2004 Securities Purchase Agreement (Zoltek Companies Inc)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition for value of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Cytomedix Inc
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th 11104th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Harrison Paul W
Calculations. All calculations under this Section 9 13 shall be made to the nearest cent or the nearest 1/100th of a share, as applicablethe case may be. The For purposes of this Section 13, the number of shares of Common Stock deemed to be issued and outstanding at any as of a given time date shall not include shares owned or held by or for be the account sum of the Company, and the disposition number of any such shares shall be considered an issue or sale of Common StockStock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Warrant Agent Agreement (bioAffinity Technologies, Inc.)
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.. (e)
Appears in 1 contract
Calculations. All calculations under this Section 9 11 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock issued and outstanding at any given time for purposes of this Section 11 shall not include any shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Livedeal Inc
Calculations. All calculations under this Section 9 7 shall be made to the nearest cent or the nearest 1/100th 1/10,000th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Exchange Agreement (Elite Pharmaceuticals Inc /Nv/)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares.
Appears in 1 contract
Samples: ParcelPal Logistics Inc.
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable, except for calculations of Exercise Price per share, which shall be made without any rounding. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Calculations. All calculations under this Section 9 SECTION 12 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Visual Data Corp
Calculations. All calculations under ------------ this Section 9 11 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyBorrower, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: 2004 Securities Purchase Agreement (Zoltek Companies Inc)
Calculations. All calculations under this Section 9 13 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Procom Technology Inc
Calculations. All calculations under this Section 9 8 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock. .
Appears in 1 contract
Samples: Securities Purchase Agreement (Micro Imaging Technology, Inc.)
Calculations. All calculations under this Section 9 shall be made to the nearest cent or the nearest 1/100th of a share, as applicable. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, Company and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Corvis Corp
