Common use of Number of Shares of Stock Clause in Contracts

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Stockholder, as applicable.

Appears in 3 contracts

Samples: Stockholders Agreement (Alon Israel Oil Company, Ltd.), Stockholders Agreement (Alon USA Energy, Inc.), Stockholders Agreement (Alon USA Energy, Inc.)

AutoNDA by SimpleDocs

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a an Investor or Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, an Investor or Stockholder shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Investor or Stockholder, as applicableplus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder.

Appears in 3 contracts

Samples: Registration Rights Agreement (GlassHouse Technologies Inc), Registration Rights Agreement (GlassHouse Technologies Inc), Stockholders Agreement (GlassHouse Technologies Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned Beneficially Owned by such the Stockholder, as applicable.

Appears in 2 contracts

Samples: Stockholders Agreement (Intapp, Inc.), Stockholders Agreement (Intapp, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by the Company’s Stockholder, as applicable, plus, without duplication, the total number of shares of Common Stock, par value $0.01 per share (Stock issuable upon the “Common Stock”), or conversion of any Preferred Stock then issued and outstanding or owned by such Stockholder, as applicable.

Appears in 2 contracts

Samples: Stockholders Agreement (Quanterix Corp), Stockholders Agreement (Quanterix Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock Capital Stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by that Stockholder, as applicable, plus, without duplication, the Company’s total number of shares of Common Stock, par value $0.01 per share (Stock issuable upon the “Common Stock”), or conversion of any Preferred Stock then issued and outstanding or owned by such Stockholder, as applicable.

Appears in 2 contracts

Samples: Stockholders Agreement (G1 Therapeutics, Inc.), Stockholders’ Agreement (G1 Therapeutics, Inc.)

Number of Shares of Stock. Whenever any provision of this ----------- ------------------------- Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a Stockholderthe Founder or an Investor, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, the Founder or an Investor shall be the total number of shares of Common Stock then owned by the Company’s Founder or such Investor, plus the total number of shares of Common Stock, par value $0.01 per share (the “Common Stock”), or Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then issued and outstanding or owned by the Founder or such Stockholder, as applicableInvestor.

Appears in 1 contract

Samples: Stockholders and Rights Agreement (Click Commerce Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a Major Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, a Major Stockholder shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Major Stockholder and its Affiliates, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Major Stockholder, as applicable.

Appears in 1 contract

Samples: Stockholders Agreement (Virtusa Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock Common Stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such the Stockholder, as applicable, on a Fully-Diluted basis.

Appears in 1 contract

Samples: Stockholders Agreement (Ign Entertainment Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a StockholderStockholder or an Investor, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, a Stockholder or an Investor shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such StockholderStockholder or Investor, as applicableplus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Stockholder or Investor.

Appears in 1 contract

Samples: Registration Rights Agreement (Irobot Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Shares held by a StockholderStockholder or Investor, the number of shares Shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, Stockholder or Investor shall be the total number of shares Shares of the Company’s Common Stock, par value $0.01 per share (either Class A or Class B, then owned by the Stockholder or Investor, plus the total number of Shares of Common Stock”), either Class A or Class B, issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any options, warrants or subscription rights then issued and outstanding or owned by such Stockholder, as applicablethe Stockholder or Investor.

Appears in 1 contract

Samples: Stockholders' Agreement (Teletrac Inc /De)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by the Stockholder, as applicable, plus, without duplication, the total number of shares of Common Stock issuable upon the conversion of any Preferred Stock then issued and outstanding, owned by such Stockholder, as applicable.

Appears in 1 contract

Samples: Stockholders Agreement (908 Devices Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a StockholderHolder, the number of shares deemed to be issued and outstanding or held by that StockholderHolder, unless specifically stated otherwise, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by the Company’s Holder, as applicable, plus, without duplication, the total number of shares of Common Stock, par value $0.01 per share (Stock issuable upon the “Common Stock”), or conversion of any Preferred Stock then issued and outstanding or owned by such StockholderHolder, as applicable.

Appears in 1 contract

Samples: Stockholders’ Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, a Stockholder shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Stockholder, as applicableplus the total number of shares of Common Stock issuable upon conversion of any Series C Preferred Stock and Series D Preferred Stock, or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Stockholder or Investor.

Appears in 1 contract

Samples: Stockholders Agreement (Metropcs California/Florida Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, the Stockholder shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Stockholder, as applicable.

Appears in 1 contract

Samples: Stockholders Agreement (Harbor Global Co LTD)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, a Stockholder for each purpose shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any series of preferred stock (as applicableif conversion occurred on such date), or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Stockholder.

Appears in 1 contract

Samples: Registration Rights Agreement (Metropcs Communications Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a StockholderStockholder or an Investor, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, Stockholder or Investor shall be the total number of shares of Common Stock then owned by the Company’s Stockholder or Investor, plus the total number of shares of Common Stock, par value $0.01 per share (Stock issuable upon the “Common Stock”), or conversion of any Preferred Stock then issued and outstanding or owned by such Stockholder, as applicable.or

Appears in 1 contract

Samples: Stockholders Agreement (Websidestory Inc)

AutoNDA by SimpleDocs

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by the Company’s Common StockStockholder, par value $0.01 per share (as applicable, plus, without duplication, the “Common Stock”), or total number of shares of Preferred Stock then issued and outstanding or owned by such the Stockholder, as applicable.

Appears in 1 contract

Samples: Stockholders Agreement (Animal Health International, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a StockholderShareholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwiseShareholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by the Company’s Shareholder, as applicable, plus, without duplication, the total number of shares of Common Stock, par value $0.01 per share (Stock issuable upon the “Common Stock”), or conversion of any Preferred Stock then issued and outstanding or owned by such StockholderShareholder, as applicable.

Appears in 1 contract

Samples: Stockholders Agreement (IntraLinks Holdings, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a StockholderStockholder or an Investor, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, Stockholder or Investor shall be the total number of shares of Common Stock then owned by the Company’s Stockholder or Investor, plus the total number of shares of Common Stock, par value $0.01 per share (Stock issuable upon the “Common Stock”), or conversion of any Convertible Preferred Stock or other convertible securities or the exercise of any vested options, warrants or subscription rights then issued and outstanding or owned by such Stockholder, as applicableStockholder or Investor (but not including the Warrants).

Appears in 1 contract

Samples: Stockholders Agreement (Ipg Photonics Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Shares held by a StockholderStockholder or Investor, the number of shares Shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, Stockholder or Investor shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (either Class A or Class B, then owned by the Stockholder or Investor, plus the total number of Shares of Common Stock”), either Class A or Class B, issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any options, warrants or subscription rights then issued and outstanding or owned by such Stockholder, as applicablethe Stockholder or Investor.

Appears in 1 contract

Samples: Stockholders' Agreement (Teletrac Holdings Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such the Stockholder, as applicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ign Entertainment Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock held by a any Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, such Stockholder shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Stockholder, as applicableplus the total number of shares of Common Stock issuable upon conversion of any convertible securities (including Preferred Stock) or exercise of any vested options, warrants or subscription rights then owned by such Stockholder.

Appears in 1 contract

Samples: Stockholders Agreement (Ulthera Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Shares held by a StockholderStockholder or Outside Investor, the number of shares Shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, Stockholder or Outside Investor shall be the total number of shares Shares of Common Stock then owned by the Company’s Stockholder or Outside Investor, plus the total number of Shares of Common Stock, par value $0.01 per share (the “Common Stock”), or Stock issuable upon conversion of any Convertible Preferred Stock or other convertible securities or exercise of any options, warrants or subscription rights then issued and outstanding or owned by such Stockholder, as applicablethe Stockholder or Outside Investor.

Appears in 1 contract

Samples: Stockholders' Agreement (Golden Sky Systems Inc)

Number of Shares of Stock. Whenever any provision of this ----------- ------------------------- Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Shares held by a StockholderStockholder or Investor, the number of shares Shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, Stockholder or Investor shall be the total number of shares Shares of Common Stock then owned by the Company’s Stockholder or Investor, plus the total number of Shares of Common Stock, par value $0.01 per share (the “Common Stock”), or Stock issuable upon conversion of any Series A Convertible Preferred Stock or Series B Convertible Preferred Stock or other convertible securities or exercise of any options, warrants or subscription rights then issued and outstanding or owned by such Stockholder, as applicablethe Stockholder or Investor.

Appears in 1 contract

Samples: Stockholders Agreement (Nxtrend Technology Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or Common Stock (as defined below) held by a an Investor or Restricted Stockholder, the number of shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, an Investor or Restricted Stockholder shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Investor or Restricted Stockholder, as applicableplus the total number of shares of Common Stock issuable upon conversion of any Series A Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Restricted Stockholder.

Appears in 1 contract

Samples: Stockholders Agreement (First Mercury Financial Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of capital stock issued and outstanding or held by a StockholderStockholder or an Investor, the number of shares Shares deemed to be issued and outstanding or held by that Stockholder, unless specifically stated otherwise, as applicable, Stockholder or Investor shall be the total number of shares of Common Stock then owned by the Company’s Stockholder or Investor, plus the total number of shares of Common Stock, par value $0.01 per share (Stock issuable upon the “Common Stock”), or conversion of any Preferred Stock or other convertible securities or the exercise of any vested options, warrants or subscription rights then issued and outstanding or owned by such Stockholder, as applicableStockholder or Investor.

Appears in 1 contract

Samples: Stockholders Agreement (Private Business Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.