Common use of Definition of Common Stock Clause in Contracts

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 32 contracts

Samples: Placement Agent Warrant Agreement (Armada Water Assets Inc), Placement Agent Warrant Agreement (Armada Water Assets Inc), Placement Agent Warrant Agreement (China Hospitals Inc)

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Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 24 contracts

Samples: Warrant Agreement (Medical Technology Systems Inc /De/), Advisor's Warrant Agreement (I Trax Inc), Warrant Agreement (Medical Technology Systems Inc /De/)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended or restated as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 21 contracts

Samples: Warrant Agreement (Lasik America Inc), Representative's Warrant Agreement (Truevision International Inc), Warrant Agreement (Lasik America Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation Incorporation, of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 18 contracts

Samples: Warrant Agreement (Westlink Resources LTD), Warrant Agreement (Weststar Environmental Inc), Warrant Agreement (Entropin Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 10 contracts

Samples: Warrant Agreement (Dynacs Inc), Representatives' Warrant Agreement (Flanders Corp), Warrant Agreement (Prestige Cosmetics Corp)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 10 contracts

Samples: Warrant Agreement (Ceco Environmental Corp), Warrant Agreement (Ceco Environmental Corp), Warrant Agreement (Ceco Environmental Corp)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 7 contracts

Samples: Representative's Warrant Agreement (Source Information Management Co), Representative's Warrant Agreement (Source Information Management Co), Representative's Warrant Agreement (Paradise Music & Entertainment Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the Common Stock or (ii) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 5 contracts

Samples: Warrant Agreement (Perma Fix Environmental Services Inc), Warrant Agreement (Perma Fix Environmental Services Inc), Warrant Agreement (Perma Fix Environmental Services Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 5 contracts

Samples: 'S Warrant Agreement (Team Communication Group Inc), Lease Agreement (Ultrak Inc), Warrant Agreement (Alaron Com Holding Corp)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall shalL mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 5 contracts

Samples: Warrant Agreement (Skymall Inc), Warrant Agreement (Skymall Inc), Warrant Agreement (Skymall Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation Incorporation, of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 5 contracts

Samples: Underwriters' Warrant Agreement (Community Care Services Inc), Underwriters' Warrant Agreement (Rockwell Medical Technologies Inc), Phoenix Preschool (Phoenix Preschool Holdings Inc)

Definition of Common Stock. For the purpose of As used in this AgreementArticle II, the term "Common Stock" shall mean (i) and include all of the class of stock designated as Company's authorized Common Stock in of any class as constituted on the Certificate date of Incorporation this Warrant as set forth below, and shall also include any capital stock of any class of the Company as may thereafter authorized that shall not be amended as limited to a fixed sum or stated value in respect of the date hereofrights of the holders thereof to participate in dividends or the distribution of assets upon the voluntary or involuntary liquidation, dissolution or (ii) any other class winding up of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethe Company.

Appears in 4 contracts

Samples: Common Stock Purchase (IsoRay, Inc.), Common Stock Purchase (IsoRay, Inc.), IsoRay, Inc.

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock Shares in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.Stock. 8.4

Appears in 3 contracts

Samples: Warrant Agreement (Netcruise Com Inc), Warrant Agreement (Netcruise Com Inc), Warrant Agreement (Netcruise Com Inc)

Definition of Common Stock. For the purpose of this AgreementAs used herein, the term "Common Stock" shall mean (i) and include the Company's authorized common stock of any class or classes and shall also include any capital stock of stock designated as Common Stock in the Certificate of Incorporation any class of the Company as may hereafter authorized which shall not be amended as limited to a fixed sum or percentage of par value in respect of the date hereofrights of the holders thereof to participate in dividends and in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or (ii) winding up of the Company, and shall include any other common stock of any class of stock or classes resulting from successive changes any reclassification or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethereof.

Appears in 3 contracts

Samples: Convertible Bridge Loan and Warrant Agreement (Akorn Inc), Common Stock Purchase Warrant (Akorn Inc), Akorn Inc

Definition of Common Stock. For the purpose of this -------------------------- Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 3 contracts

Samples: Warrant Agreement (Isonics Corp), Warrant Agreement (Osmotics Corp), Isonics Corp

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, as the same may be amended from time to time, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Warrant Agreement (Bakers Footwear Group Inc), Warrant Agreement (Bakers Footwear Group Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.. 11.4

Appears in 2 contracts

Samples: S Warrant Agreement (Fundex Games LTD), Warrant Agreement (Go2net Inc)

Definition of Common Stock. For the purpose of As used in this Agreement, Paragraph 6 the term "Common Stock" shall mean (i) and include the Corporation's authorized Common Stock, par value $.01 per share, as constituted on the date of issuance of the Preferred Stock and shall also include any capital stock of any class of stock designated as Common Stock the Corporation thereafter authorized which shall not be limited to a fixed sum or percentage of par value in respect of the rights of the holders thereof to participate in dividends or in the Certificate distribution of Incorporation assets upon the voluntary or involuntary liquidation, dissolution or winding up of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valueCorporation.

Appears in 2 contracts

Samples: Registration Rights Agreement (Anderson Jack R), Registration Rights Agreement (Safeguard Health Enterprises Inc)

Definition of Common Stock. For the purpose of this Agreement, the term The terms "Common Stock" shall mean (i) as used in this Agreement means the class shares of voting common stock designated as Common Stock in the Certificate of Incorporation of the Company Company, par value $.01 per share, as may be amended as of constituted on the date hereof, or (ii) of this Agreement and any other class shares into which such common stock shall thereafter be changed by reason of stock resulting from successive changes recapitalization, merger, consolidation, split -up, combination, exchange of shares or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethe like.

Appears in 2 contracts

Samples: Employment Agreement (International Fuel Technology Inc), Employment Agreement (International Fuel Technology Inc)

Definition of Common Stock. For the purpose of As used in this AgreementSection 2, the term -------------------------- "Common Stock" shall mean (i) the class and include all of stock designated as Corporation's authorized Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereofStock, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, of any class as constituted on the effective date hereof, and shall also include any capital stock of any class of the Corporation thereafter authorized which shall not be limited to a fixed sum or from no percentage of par value in respect of the rights of the holders thereof to par valueparticipate in dividends or in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or winding up of the Corporation.

Appears in 2 contracts

Samples: Ecollege Com, Ecollege Com

Definition of Common Stock. For the purpose of As used in this AgreementSection 3, the term -------------------------- "Common Stock" shall mean (i) and include the Company's authorized common stock of any class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) classes and any other class of stock resulting from successive changes securities convertible into or reclassifications of exchangeable for such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuecommon stock.

Appears in 2 contracts

Samples: Ibeam Broadcasting Corp, Banyan Systems Inc

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended or restated as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Underwriter's Warrant Agreement (Hawaiian Natural Water Co Inc), Hawaiian Natural Water Co Inc

Definition of Common Stock. For the purpose purposes of this AgreementArticle 4, the term "Common Stock" “common stock” shall mean (i) the class include any securities issued or issuable with respect to such securities by any of stock designated as Common Stock dividend or stock split or in the Certificate connection with a combination of Incorporation of the Company as may be amended as of the date hereofshares, recapitalization, merger, consolidation or (ii) any other class of stock resulting from successive changes reorganization or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valueotherwise.

Appears in 2 contracts

Samples: Stockholders’ Agreement (Roller Bearing Co of America Inc), Stockholders’ Agreement (RBC Bearings INC)

Definition of Common Stock. For the purpose of this Agreement, -------------------------- the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Warrant Agreement (Depomed Inc), Warrant Agreement (Musicmaker Com Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Memorandum of Incorporation Association, of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Room Plus Inc, Room Plus Inc

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Company’s articles of Incorporation of the Company incorporation as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Placement Agent Warrant Agreement (Armada Water Assets Inc), Placement Agent Warrant Agreement (Armada Water Assets Inc)

Definition of Common Stock. For the purpose of this Agreement, -------------------------- the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Warrant Agreement (Mortgage Plus Equity & Loan Holdings Corp), 'S Warrant Agreement (Isonics Corp)

Definition of Common Stock. For the purpose of As used in this Agreement, Warrant the term "Common Stock" shall mean (i) ” includes the Company’s authorized Common Stock, par value $0.0001 per share, as constituted on the date hereof and also includes any shares of any class of stock designated as Common Stock in the Certificate of Incorporation or other equity securities of the Company as may thereafter authorized which will not be amended as limited to a fixed sum or percentage of par value in respect of the date hereofrights of holders thereof to participate in dividends or in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or (ii) any other class winding up of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethe Company.

Appears in 2 contracts

Samples: Warrant Agreement (Innovative Micro Technology Inc), Innovative Micro Technology Inc

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Restated Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Warrant Agreement (Intervu Inc), Warrant Agreement (Intervu Inc)

Definition of Common Stock. For the purpose purposes of this AgreementSection 9, the term "Common Stock" shall mean (i) the class of stock designated as the Common Stock in the Certificate of Incorporation of the Company as may be amended as of LIGAND on the date hereof, or (ii) any other class classes of stock resulting from successive changes or reclassifications of such Common Stock shares consisting solely of changes in par value, value or from par value to no par value, or from no par value to par value.

Appears in 2 contracts

Samples: Ligand Pharmaceuticals Inc, Ligand Pharmaceuticals Inc

Definition of Common Stock. For the purpose of As used in this AgreementArticle II, the term "Common Stock" shall mean (i) and include all of the class of stock designated as Company's authorized Common Stock in of any class as constituted on the Certificate Effective Date, and shall also include any capital stock of Incorporation any class of the Company as may thereafter authorized that shall not be amended as limited to a fixed sum or stated value in respect of the date hereofrights of the holders thereof to participate in dividends or the distribution of assets upon the voluntary or involuntary liquidation, dissolution or (ii) any other class winding up of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethe Company.

Appears in 2 contracts

Samples: Iveda Corp, Charmed Homes Inc.

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereofCompany, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Vita Food Products Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation Incorporation, of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Xenomics Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended or restated as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications reclassification of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Cti Industries Corp)

Definition of Common Stock. For the purpose purposes of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes changes, recapitalization or reclassifications reclassification of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Agreement (Childrobics Inc)

Definition of Common Stock. For the purpose of this AgreementPurchase Option, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications reclassification of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Purchase Option (Bogen Communications International Inc)

Definition of Common Stock. For the purpose of this AgreementWarrant, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate articles of Incorporation incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Neon Communications Inc

Definition of Common Stock. For the purpose of this Agreement, the term -------------------------- "Common Stock" shall mean (i) the class Class of stock designated as Common Stock in the Certificate certificate of Incorporation incorporation of the Company as it may be amended as of the date hereof, hereof or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Unidigital Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock Shares in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valueStock.

Appears in 1 contract

Samples: Warrant Agreement (Netcruise Com Inc)

Definition of Common Stock. For the purpose purposes of this AgreementArticle 4, the term "Common Stockcommon stock" shall mean (i) the class include any securities issued or issuable with respect to such securities by any of stock designated as Common Stock dividend or stock split or in the Certificate 29 connection with a combination of Incorporation of the Company as may be amended as of the date hereofshares, recapitalization, merger, consolidation or (ii) any other class of stock resulting from successive changes reorganization or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valueotherwise.

Appears in 1 contract

Samples: Stockholders' Agreement (Roller Bearing Co of America Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Restated Articles of Incorporation of the Company as may be amended as of through the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: 'S Warrant Agreement (Brunswick Technologies Inc)

Definition of Common Stock. For the purpose of this Agreement, -------------------------- the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation Incorporation, of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Vertical Health Solutions Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) the class, classes and/or series of capital stock issued in exchange therefor, upon conversion thereof or in lieu thereof in connection with any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes change in par or stated value, recapitalization, reorganization or from par value to no par value, or from no par value to par valueother transaction (the "New Common Stock").

Appears in 1 contract

Samples: Warrant Agreement (RDM Sports Group Inc)

Definition of Common Stock. For the purpose of this Agreement, the -------------------------- term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Flanders Corp)

Definition of Common Stock. For the purpose of this Agreement, -------------------------- the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.. 11.4

Appears in 1 contract

Samples: Warrant Agreement (Osmotics Corp)

Definition of Common Stock. For the purpose of this Agreement, As used herein the term "Common Stock" shall mean (i) and include the class of stock designated as Common Stock in the Certificate of Incorporation Stock, $.01 par value, of the Company as may be amended as of the authorized on date hereof, or (ii) shares of any other class of stock or classes resulting from successive changes any reclassification or reclassifications thereof and in case at any time there shall be more than one such resulting class, the shares of each class then so issuable shall be substantially in the proportion which the total number of shares of such Common Stock consisting solely class resulting from all such reclassifications bears to the total number of changes in par value, or shares of all such classes resulting from par value to no par value, or from no par value to par valueall such reclassifications.

Appears in 1 contract

Samples: Banctec Inc

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as such Certificate of Incorporation may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Smartserv Online Inc)

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Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, hereof or (ii) any other class of stock resulting from successive changes or reclassifications of such shares of Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Apollo Biopharmaceutics Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.. 11 11

Appears in 1 contract

Samples: Placement Agent Warrant Agreement (Zymetx Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such shares of Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Apollo Biopharmaceutics Inc)

Definition of Common Stock. For the purpose of this Agreement, the -------------------------- term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Depomed Inc)

Definition of Common Stock. For the purpose of this -------------------------- Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications modifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Placement Agent Warrant Agreement (Careside Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Class A Voting Common Stock Stock, $.0l par value, in the Restated Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) and any other class securities into which or for which any of stock resulting from successive changes or reclassifications of such the Class A Voting Common Stock consisting solely have been converted, exchanged or combined pursuant to a plan of changes in par valuerecapitalization, reorganization, merger, sale of assets or from par value to no par value, or from no par value to par valueotherwise.

Appears in 1 contract

Samples: Warrant Agreement (Chart Industries Inc)

Definition of Common Stock. For the purpose of this -------------------------- Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation Incorporation, of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Vertical Health Solutions Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Mdi, Inc.)

Definition of Common Stock. For the purpose of this -------------------------- Agreement, the term "Common Stock" shall mean (ia) the class of stock designated as Common Stock in the Certificate of Incorporation charter of the Company Company, as may be amended as of in effect on the date hereof, or (iib) any other class of stock resulting from successive changes any change or reclassifications reclassification of such Common Stock consisting solely of a change or changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Elcotel Inc)

Definition of Common Stock. For the purpose of this Agreement, the -------------------------- term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock Stock, consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Veronex Technologies Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Stealth Medialabs Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.. Section 8.5

Appears in 1 contract

Samples: Warrant Agreement (Ophidian Pharmaceuticals Inc)

Definition of Common Stock. For the purpose of this AgreementAs used herein, the term "Common Stock" shall mean (i) and include the Company’s authorized common stock of any class or classes and shall also include any capital stock of stock designated as Common Stock in the Certificate of Incorporation any class of the Company as may hereafter authorized which shall not be amended as limited to a fixed sum or percentage of par value in respect of the date hereofrights of the holders thereof to participate in dividends and in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or (ii) winding up of the Company, and shall include any other common stock of any class of stock or classes resulting from successive changes any reclassification or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Akorn Inc)

Definition of Common Stock. For the purpose of this Agreement, As used herein the term "Common -------------------------- Stock" shall mean (i) and include the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valueCommon Stock of the Company, or securities of any class or classes resulting from any recapitalization or reclassification thereof.

Appears in 1 contract

Samples: Atg Inc

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.. In the event that the Company shall after the date hereof issue securities with greater or

Appears in 1 contract

Samples: Warrant Agreement (Aviation Group Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the Common Stock or (ii) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.. 11.5

Appears in 1 contract

Samples: Warrant Agreement (Perma Fix Environmental Services Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as it may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Amedore Homes Inc

Definition of Common Stock. For the purpose of As used in this AgreementArticle II, the term "Common Stock" shall mean (i) and include all of the class of stock designated as Company’s authorized Common Stock in of any class as constituted on the Certificate Effective Date, and shall also include any capital stock of Incorporation any class of the Company as may thereafter authorized that shall not be amended as limited to a fixed sum or stated value in respect of the date hereofrights of the holders thereof to participate in dividends or the distribution of assets upon the voluntary or involuntary liquidation, dissolution or (ii) any other class winding up of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethe Company.

Appears in 1 contract

Samples: Iveda Solutions, Inc.

Definition of Common Stock. For the purpose purposes of this AgreementArticle 4, the term "Common Stockcommon stock" shall mean (i) the class include any securities issued or issuable with respect to such securities by any of stock designated as Common Stock dividend or stock split or in the Certificate connection with a combination of Incorporation of the Company as may be amended as of the date hereofshares, recapitalization, merger, consolidation or (ii) any other class of stock resulting from successive changes reorganization or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valueotherwise.

Appears in 1 contract

Samples: Stockholders' Agreement (Bremen Bearings Inc)

Definition of Common Stock. For the purpose of As used in this AgreementSection 15, the term "Common Stock" shall mean (i) and include the class of stock designated as Corporation's authorized Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereofStock, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in $.01 par value, as constituted on August 31, 1999, and shall also include any capital stock of any class of the Corporation thereafter authorized which shall not be limited to a fixed sum or from percentage of par value in respect of the rights of the holders thereof to no par valueparticipate in dividends or in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or from no par value to par valuewinding up of the Corporation.

Appears in 1 contract

Samples: Securities Purchase Agreement (Quorum Health Group Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation charter of the Company as may be amended or restated as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Med-Design Corp)

Definition of Common Stock. For the purpose of this Agreement, the --------------------------- term "Common Stock" shall mean (i) the class of stock designated as an Common Stock in the Certificate of Incorporation of the Company as such Certificate of Incorporation may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, value or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Data Critical Corp)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (ia) the class of stock designated as Common Stock in the Certificate of Incorporation charter of the Company Company, as may be amended as of in effect on the date hereof, or (iib) any other class of stock resulting from successive changes any change or reclassifications reclassification of such Common Stock consisting solely of a change or changes in par value, or from par value to no par value, or from no par value to par value.. Section 8.5

Appears in 1 contract

Samples: Warrant Agreement (Imatec LTD)

Definition of Common Stock. For the purpose of this Agreement, As used herein the term "Common Stock" shall mean (i) and include the class of stock designated as Common Stock in the Certificate of Incorporation Stock, $.001 par value, of the Company as may be amended as of authorized on the date hereofIssue Date, or (ii) shares of any other class of stock or classes resulting from successive changes any reclassification or reclassifications thereof and in case at any time there shall be more than one such resulting class, the shares of each class then so issuable shall be substantially in the proportion which the total number of shares of such Common Stock consisting solely class resulting from all such reclassifications bears to the total number of changes in par value, or shares of all such classes resulting from par value to no par value, or from no par value to par valueall such reclassifications.

Appears in 1 contract

Samples: First Avenue Networks Inc

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate [Articles of Incorporation Incorporation] of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Sonoma International Inc

Definition of Common Stock. For the purpose of this -------------------------- Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.the

Appears in 1 contract

Samples: 'S Warrant Agreement (Osmotics Corp)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Amended and Restated Certificate of Incorporation of the Company as may be amended as of the date hereofCompany, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Common Stock Warrant Agreement (Baycorp Holdings LTD)

Definition of Common Stock. For the purpose of this AgreementSection 10, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate Articles of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.

Appears in 1 contract

Samples: Warrant Agreement (Algodon Wines & Luxury Development Group, Inc.)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate of Incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.. 8.5

Appears in 1 contract

Samples: Warrant Agreement (Callnow Com Inc)

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Common Stock in the Certificate articles of Incorporation incorporation of the Company as may be amended as of the date hereof, or (ii) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.as

Appears in 1 contract

Samples: Underwriters' Warrant Agreement (Sound Advice Inc)

Definition of Common Stock. For the purpose of this AgreementAs used herein, the term "Common Stock" shall mean (i) and include the Company's authorized common stock of any class or classes, and shall also include any capital stock of stock designated as Common Stock in the Certificate of Incorporation any class of the Company as may hereafter authorized which shall not be amended as limited to a fixed sum or percentage of par value in respect of the date hereofrights of the holders thereof to participate in dividends and in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or (ii) winding up of the Company, and shall include any other common stock of any class of stock or classes resulting from successive changes any reclassification or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par valuethereof.

Appears in 1 contract

Samples: Cooper Companies Inc

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