Common use of Issued Securities Clause in Contracts

Issued Securities. All of Your issued and outstanding shares of common stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 shares of common stock, of which 39,987,959 shares of common stock are issued and outstanding, and (B) 96,032,021 shares of preferred stock, of which 95,728,744 shares are issued and outstanding. You have reserved 61,216,408 shares of common stock for issuance under Your Stock Incentive Plan, under which 19,926,759 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stock. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Rights Agreement (as defined below), a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 90,000,000 shares of common stockCommon Stock, of which 39,987,959 [22,205,199] shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 46,938,272 shares of preferred stock, of which 95,728,744 46,696,772 shares are issued and outstanding. You have reserved 61,216,408 29,191,141 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, under which 19,926,759 [16,726,073] options have been granted and are currently outstanding. Silicon Valley Bank holds , and have outstanding a warrant to purchase 170,818 150,000 shares of Series B Preferred StockCommon Stock issued to Silicon Valley Bank dated as of May 14, 2013. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Investors’ Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All To the extent applicable all outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 33,000,000 shares of common stockCommon Stock, of which 39,987,959 5,029,830 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 21,080,641 shares of preferred stock, of which 95,728,744 16,547,462 shares are issued and outstanding. You have reserved 61,216,408 5,942,700 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, under which 19,926,759 3,405,762 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stockgranted. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of the Your capital stock or other of Your securities. Except as set forth in the Your Investor’s Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, and the Lease Agreement, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 52,500,000 shares of common stockCommon Stock, of which 39,987,959 4,365,100 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 42,500,000 shares of preferred stock, all of which 95,728,744 are designed as Series A Preferred Stock , of which 41,198,502 shares are issued and outstanding. You have reserved 61,216,408 3,325,276 shares of common stock Common Stock for issuance under Your Stock 2007 Equity Incentive Plan, under which 19,926,759 1,941,000 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stockgranted. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of the Your capital stock or other of Your securities. Except as set forth in the Your Investor’s Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 128,000,000 shares of common stockCommon Stock, of which 39,987,959 shares 25,668,242shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 64,077,737 shares of preferred stock, of which 95,728,744 63,665,937 shares are issued and outstanding. You have reserved 61,216,408 46,128,470 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, under which 19,926,759 25,053,049 options have been granted and are currently outstanding. , and have outstanding warrants to purchase 150,000 shares of Common Stock issued to Silicon Valley Bank holds a warrant to purchase 170,818 dated as of May 14, 2013 and 241,500 shares of Series B E Preferred StockStock issued to Us dated as of February 6, 2015. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Investors’ Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 32,000,000 shares of common stockCommon Stock, of which 39,987,959 10,449,795 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 44,401,072 shares of preferred stock, of which 95,728,744 43,542,403 shares are issued and outstanding. You have reserved 61,216,408 9,178,694 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, under which 19,926,759 4,636,602 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stockgranted. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Investor’s Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All As of the Effective Date, all outstanding shares of common Common Stock and preferred stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 74,600,000 shares of common stockCommon Stock, of which 39,987,959 5,126,804 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 56,426,190 shares of preferred stock, of which 95,728,744 56,426,190 shares are issued and outstanding. You have reserved 61,216,408 13,699,094 shares of common stock Common Stock for issuance under Your 2008 Equity Incentive Stock Incentive Plan, under which 19,926,759 10,004,818 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares granted, net of Series B Preferred Stockforfeitures. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Amended and Restated Investor Rights Agreement Agreement, dated as of December 10, 2010, as amended (as defined belowamended, the “Investor Rights Agreement”), a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 96,000,000 shares of common stockCommon Stock, of which 39,987,959 12,133,710 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 31,250,000 shares of preferred stockSeries A Preferred Stock, of which 95,728,744 31,249,991 shares are issued and outstanding, (C) 19,288,150 shares of Series B Preferred Stock, of which 19,198,194 shares are issued and outstanding and (D) 18,000,000 shares of Series C Preferred Stock, of which 16,778,8000 shares are issued and outstanding. You have reserved 61,216,408 15,968,000 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, under which 19,926,759 11,414,473 options have been granted and are currently outstandinggranted. Silicon Valley Bank holds In addition You have reserved 754,573 shares of Common Stock for a warrant to purchase 170,818 agreement and 89,956 shares of Series B Preferred StockStock for a warrant agreement. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Investors’ Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 75,814,850 shares of common stockCommon Stock, of which 39,987,959 39,042,909 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 3,614,458 shares of preferred stockSeries A Preferred Stock, all of which are issued and outstanding, (C) 15,307,339 shares of Series B Preferred Stock, of which 95,728,744 15,176,157 shares are issued and outstanding, and (D) 7,754,773 shares of Series C Preferred Stock, of which 7,328,689 shares are issued and outstanding. You have reserved 61,216,408 16,980,562 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, under which 19,926,759 4,148,772 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stockgranted. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Investors’ Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 17,800,000 shares of common stockCommon Stock, of which 39,987,959 4,862,250 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 9,704,364 shares of preferred stock, of which 95,728,744 8,925,057 shares are issued and outstanding. You have reserved 61,216,408 2,373,188 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, under which 19,926,759 992,775 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stock. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of the Your capital stock or other of Your securities. Except as set forth in the Your Investor’s Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 503,871,681 shares of common stockCommon Stock, of which 39,987,959 3,975,190 shares of common stock Common Stock are issued and outstanding, and (B) 96,032,021 338,194,497 shares of preferred stock, of which 95,728,744 317,700,177 shares are issued and outstanding. You have reserved 61,216,408 73,037,556 shares of common stock Common Stock for issuance under Your Stock Incentive Plan, from which 698,886 shares of Common Stock have been issued through either options granted and exercised or restricted stock issued thereunder, and under which 19,926,759 52,103,614 options have been granted are issued and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stock,. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Investor’s Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 23,000,000 shares of common stockCommon Stock, of which 39,987,959 12,782,559 shares of common stock Common Stock are issued and outstanding, (B) 1,320,000 shares of Series FF preferred stock, all of which shares are issued and outstanding, and (B) 96,032,021 4,700,000 shares of preferred stock, all of which 95,728,744 are designated Series A preferred stock, of which 4,623,835 shares are issued and outstanding. You have reserved 61,216,408 2,983,266 shares of common stock Common Stock for issuance under Your 2009 Stock Incentive Plan, under which 19,926,759 no options are outstanding and 902,559 shares of Common Stock have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stockissued upon the restricted stock purchases. Except as otherwise provided in this Warrant Agreement and as noted above, there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Your Investor’s Rights Agreement (as defined below)Agreement, a true, correct and complete copy of which has been delivered to Us prior to the issuance of this Warrant, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.

Issued Securities. All of Your issued and outstanding shares of common stockCommon Stock, Warrant Stock or any other securities have been duly authorized and validly issued and are fully paid and nonassessablenon-assessable. All outstanding shares of common stock Common Stock and Warrant Stock were issued in full compliance with all Federal federal and state securities laws. In addition as of the Effective Date: Your authorized capital consists of (A) 160,000,000 76,384,500 shares of common stockCommon Stock, of which 39,987,959 3,033,512 shares of common stock Common Stock are issued and outstanding, (B) 14,912,500 shares of Series A Preferred Stock, of which 14,550,000 shares are issued and outstanding, and (BC) 96,032,021 49,472,000 shares of preferred stockSeries B Preferred Stock, of which 95,728,744 48,018,373 shares are issued and outstanding. You have reserved 61,216,408 6,000,000 shares of common stock Common Stock for issuance under Your Stock 2002 Equity Incentive Plan, under which 19,926,759 5,280,969 options have been granted and are currently outstanding. Silicon Valley Bank holds a warrant to purchase 170,818 shares of Series B Preferred Stockgranted. Except as otherwise provided in this Warrant Agreement and Agreement, as noted above, above and pursuant to outstanding warrants to purchase 362,499 shares of Your Series A Preferred Stock there are no other options, warrants, conversion privileges or other rights presently outstanding to purchase or otherwise acquire any authorized but unissued shares of Your capital stock or other of Your securities. Except as set forth in the Amended and Restated Investor Rights Agreement Agreement, dated October 4, 2004, by and among You and the Investors (as defined belowtherein), a trueas amended, correct and complete copy of which has been delivered referred to Us prior to herein as the issuance of this WarrantInvestors’ Rights Agreement, Your stockholders do not have preemptive rights to purchase new issuances of Your capital stock.