Common use of Definition of New Securities Clause in Contracts

Definition of New Securities. Except as set forth below, "New Securities" shall mean any shares of capital stock of the Company, and rights, options or warrants to purchase said shares of capital stock, and securities of any type whatsoever that are, or may become, convertible into said shares of capital stock. Notwithstanding the foregoing, "New Securities" does not include (i) securities offered in an underwritten public offering pursuant to a - registration statement under the 1933 Act, (ii) all shares of Common Stock, -- warrants or options to purchase Common Stock or other securities issued upon the approval of the Board of Directors to employees, officers, directors and consultants of the Company (x) who have provided or will provide bona fide - services to the Company not in connection with the offer or sale of securities in a capital raising transaction and (y) who do not, directly or indirectly, - promote or maintain a market for the Company's securities, pursuant to any plan or arrangement approved by the Board of Directors or the shareholders of the Company, (iii) all securities issued to lending or leasing institutions upon the --- approval of the Board of Directors in connection with loans from or leasing transactions with such institutions, (iv) stock issued pursuant to any private -- placement completed on substantially similar terms or within 45 days of September 28, 2001, or (v) stock issued in connection with any merger or - acquisition by the Company.

Definition of New Securities. Except as set forth below, "New Securities" shall mean any shares of capital stock of the Company, and rights, options or warrants to purchase said shares of capital stock, and securities of any type whatsoever that are, or may become, convertible into said shares of capital stock. Notwithstanding the foregoing, "New Securities" does not include (i) securities offered in an underwritten public offering pursuant to a - registration statement under the 1933 Act, (ii) all shares of Common Stock, -- warrants or options to purchase Common Stock or other securities issued upon the approval of the Board of Directors to employees, officers, directors and consultants of the Company (x) who have provided or will provide bona fide - services to the Company not in connection with the offer or sale of securities in a capital raising transaction and (y) who do not, directly or indirectly, - promote or maintain a market for the Company's securities, pursuant to any plan or arrangement approved by the Board of Directors or the shareholders of the Company, (iii) all securities issued to lending or leasing institutions upon the --- approval of the Board of Directors in connection with loans from or leasing transactions with such institutions, (iv) stock issued pursuant to any private -- placement completed on substantially similar terms or within 45 days of September 28, 2001, or (v) stock issued in connection with any merger or - acquisition by the Company.

Definition of New Securities. Except as set forth below, "New Securities" shall mean any shares of capital stock of the Company, and rights, options or warrants to purchase said shares of capital stock, and securities of any type whatsoever that are, or may become, convertible into said shares of capital stock. Notwithstanding the foregoing, "New Securities" does not include (i) securities offered in an underwritten public offering pursuant to a - registration statement under the 1933 Act, (ii) all shares of Common Stock, -- warrants or options to purchase Common Stock or other securities issued upon the approval of the Board of Directors to employees, officers, directors and consultants of the Company (x) who have provided or will provide bona fide - services to the Company not in connection with the offer or sale of securities in a capital raising transaction and (y) who do not, directly or indirectly, - promote or maintain a market for the Company's securities, pursuant to any plan or arrangement approved by the Board of Directors or the shareholders of the Company, (iii) all securities issued to lending or leasing institutions upon the --- approval of the Board of Directors in connection with loans from or leasing transactions with such institutions, (iv) stock issued pursuant to any private -- placement completed on substantially similar terms or within 45 days of September 28, 2001the Closing Date, or (v) stock issued in connection with any merger or acquisition - acquisition by the Company.