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 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 Company covenants that so long as any of the Series C Warrant are outstanding, the Company shall not without the prior written consent of the Holder issue any securities whatsoever other than Common Stock. In the event that the Company shall, upon the consent of the Holder, after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at its option, may receive upon exercise of any Series C Warrant either shares of Common Stock or a like number of such securities with greater or superior voting rights.

Appears in 3 contracts

Samples: Warrant Agreement (New York Health Care Inc), Warrant Agreement (New York Health Care Inc), Warrant Agreement (New York Health Care 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 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 Company covenants that so long as any of the Series C B Warrant are outstanding, the Company shall not without the prior written consent of the Holder issue any securities whatsoever other than Common Stock. In the event that the Company shall, upon the consent of the Holder, after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at its option, may receive upon exercise of any Series C B Warrant either shares of Common Stock or a like number of such securities with greater or superior voting rights.

Appears in 2 contracts

Samples: Warrant Agreement (New York Health Care Inc), Warrant Agreement (New York Health Care 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 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 Company covenants that so long as any of the Series C A Warrant are outstanding, the Company shall not without the prior written consent of the Holder issue any securities whatsoever other than Common Stock. In the event that the Company shall, upon the consent of the Holder, after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at its option, may receive upon exercise of any Series C A Warrant either shares of Common Stock or a like number of such securities with greater or superior voting rights.

Appears in 1 contract

Samples: Warrant Agreement (New York Health Care 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 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 Company covenants that so long as any of the Series C Series__ Warrant are outstanding, the Company shall not without the prior written consent of the Holder issue any securities whatsoever other than Common Stock. In the event that the Company shall, upon the consent of the Holder, after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at its option, may receive upon exercise of any Series C Series__ Warrant either shares of Common Stock or a like number of such securities with greater or superior voting rights.

Appears in 1 contract

Samples: Warrant Agreement (New York Health Care 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 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 Company covenants that so long as any of the Series C D Warrant are outstanding, the Company shall not without the prior written consent of the Holder issue any securities whatsoever other than Common Stock. In the event that the Company shall, upon the consent of the Holder, after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at its option, may receive upon exercise of any Series C D Warrant either shares of Common Stock or a like number of such securities with greater or superior voting rights.

Appears in 1 contract

Samples: Warrant Agreement (New York Health Care 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 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 Company covenants that so long as any of the Series C E Warrant are outstanding, the Company shall not without the prior written consent of the Holder issue any securities whatsoever other than Common Stock. In the event that the Company shall, upon the consent of the Holder, after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at its option, may receive upon exercise of any Series C E Warrant either shares of Common Stock or a like number of such securities with greater or superior voting rights.

Appears in 1 contract

Samples: Warrant Agreement (New York Health Care 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 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 Company covenants that so long as any of the Series C Series__ Warrant are outstanding, the Company shall not without the prior written consent of the Holder issue any securities whatsoever other than Common Stock. In the event that the Company shall, upon the consent of the Holder, after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at its option, may receive upon exercise of any Series C Series__ Warrant either shares of Common Stock or a like number of such securities with greater or superior voting rights.

Appears in 1 contract

Samples: Warrant Agreement (New York Health Care Inc)

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