Common use of Number of Shares Outstanding Clause in Contracts

Number of Shares Outstanding. The number of shares of the Company's Common Stock as at the time outstanding shall exclude all shares of the Company's Common Stock then owned or held by or for the account of the Company or any of its Subsidiaries but shall include the aggregate number of shares of the Company's Common Stock at the time deliverable in respect of the convertible securities, rights, options and warrants referred to in Section 2.2(c)(3)); provided, that to the extent that such rights, options, warrants or conversion privileges are not exercised, such shares of Common Stock shall be deemed to be outstanding only until the expiration dates of the rights, warrants, options or conversion privileges or the prior cancellation thereof.

Appears in 4 contracts

Samples: Fourth Amended Note and Warrant Purchase Agreement (Integral Vision Inc), Note and Warrant Purchase Agreement (Integral Vision Inc), Note and Warrant Purchase Agreement (Integral Vision Inc)

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Number of Shares Outstanding. The number of shares of the Company's Borrower Common Stock as has at the time outstanding shall exclude all shares of the Company's Borrower Common Stock then owned or held by or for the account of the Company or any of its Subsidiaries Borrower but shall include the aggregate number of shares of the Company's Borrower Common Stock at the time deliverable in respect of the convertible securities, rights, options and warrants referred to in Section 2.2(c)(3))10.04.D(iii) and 10.04.E hereof; provided, that to the extent that such rights, options, warrants or conversion privileges are not exercised, such shares of Borrower Common Stock shall be deemed to be outstanding only until the expiration dates of the rights, warrants, options or conversion privileges or the prior cancellation thereof.

Appears in 2 contracts

Samples: Convertible Loan and Security Agreement (Covol Technologies Inc), Convertible Loan and Security Agreement (Pacificorp /Or/)

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Number of Shares Outstanding. The number of shares of the Company's Common Stock as at the time outstanding shall exclude all shares of the Company's Common Stock then owned or held by or for the account of the Company or any of its Subsidiaries but shall include the aggregate number of shares of the Company's Common Stock at the time deliverable in respect of the convertible securities, rights, options and warrants referred to in Section 2.2(c)(3)); provided6.1 (d)(3) and 6.1(e) hereof, provided that to the extent that such rights, options, warrants or conversion privileges are not exercised, such shares of the Company's Common Stock shall be deemed to be outstanding only until the expiration dates of the rights, warrants, options or conversion privileges or the prior cancellation thereof.

Appears in 1 contract

Samples: Purchase Agreement (Ubiquitel Inc)

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