Common use of Recapitalization Clause in Contracts

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 4 contracts

Samples: Employee Stock Purchase Agreement (Newcom Inc), Restricted Stock Purchase Agreement (Xcel Pharmaceuticals Inc), Restricted Stock Purchase Agreement (Intervu Inc)

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Recapitalization. (a) In the event of any stock dividend, stock split, ---------------- recapitalization or other transaction affecting the Company's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 3 contracts

Samples: Founder Stock Purchase Agreement (Gentle Dental Service Corp), Founder Stock Purchase Agreement (Gentle Dental Service Corp), Founder Stock Purchase Agreement (Gentle Dental Service Corp)

Recapitalization. (ai) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's outstanding Common Stock common stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Shares are at the a time covered by such right.

Appears in 3 contracts

Samples: Restricted Stock Purchase Agreement (Barrier Therapeutics Inc), Restricted Stock Purchase Agreement (Barrier Therapeutics Inc), Restricted Stock Purchase Agreement (Barrier Therapeutics Inc)

Recapitalization. (a) In the event of any stock share dividend, stock share split, sub-division or consolidation of shares, recapitalization or other transaction affecting the Company's ’s outstanding Common Stock Company Securities as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which that is by reason of such transaction distributed with respect to the Shares Company Securities shall be immediately subject to the Company's Non-Transferring Shareholders’ Right of First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 3 contracts

Samples: Shareholders Agreement (Tencent Music Entertainment Group), Shareholders Agreement, Shareholders Agreement (Tencent Music Entertainment Group)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the CompanyCorporation's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Purchased Shares shall be immediately subject to the CompanyCorporation's First Refusal Right hereunder, but only to the extent the Purchased Shares are at the a time covered by such right.

Appears in 2 contracts

Samples: Employee Stock Purchase Agreement (Viropharma Inc), Restricted Stock Purchase Agreement (Viropharma Inc)

Recapitalization. (a) In the event of any stock share dividend, stock share split, sub- division or consolidation of shares, recapitalization or other transaction affecting the Company's ’s outstanding Common Stock Company Securities as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which that is by reason of such transaction distributed with respect to the Shares Company Securities shall be immediately subject to the Company's Non-Transferring Shareholders’ Right of First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 2 contracts

Samples: Investor Agreement (Spotify Technology S.A.), Investor Agreement (Spotify Technology S.A.)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's outstanding Common Stock common stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Warrant Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Warrant Shares are at the that time covered by such right.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Lawson Software Inc), Warrant Purchase Agreement (Lawson Software Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's Group 1’s outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Unvested Group 1 Shares shall be immediately subject to the Company's Xxxxxx’x First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 2 contracts

Samples: Employee Stock Purchase Agreement (Group 1 Automotive Inc), Employee Stock Purchase Agreement (Group 1 Automotive Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Netscreen Technologies Inc)

Recapitalization. (a) In the event of any stock share dividend, stock share split, sub-division or consolidation of shares, recapitalization or other transaction affecting the Company's ’s outstanding Common Stock as a class effected Equity Securities without receipt of consideration, then any new, substituted or additional securities or other property which that is by reason of such transaction distributed with respect to the Shares such Equity Securities shall be immediately subject to the Company's each Right of First Refusal Holder’s Right of First Refusal hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Shareholders Agreement (Ximalaya Inc.)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Purchased Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Purchased Shares are at the time covered by such right.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cacheflow Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's ’s outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted substituted, or additional securities or other property which that is by reason of such transaction distributed with respect to the Shares shall will be immediately subject to the Company's First Refusal Right hereunderRight, but only to the same extent the Shares are at the such time covered by such rightright and provisions.

Appears in 1 contract

Samples: Investment Agreement (Viador Inc)

Recapitalization. (a) In the event of any stock dividend, stock ---------------- split, recapitalization or other transaction affecting the Company's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Xxxxxxx Shares shall be immediately subject to the Company's First Refusal Right and the Investors' refusal rights hereunder, but only to the extent the Xxxxxxx Shares are at the a time covered by such rightrights.

Appears in 1 contract

Samples: Stock Purchase and Restriction Agreement (Pilot Network Services Inc)

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Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the CompanyCorporation's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Purchased Shares shall be immediately subject to the CompanyCorporation's First Refusal Right and Purchase Option hereunder, but only to the extent the Purchased Shares are at the time covered by such rightrights.

Appears in 1 contract

Samples: Corporation Stock Option Agreement (HNC Software Inc/De)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization recapitalization. or other transaction affecting the Company's ’s outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Shares shall be immediately subject to the Company's ’s First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Restricted Stock Agreement (Danger Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Restricted Common Stock Purchase Agreement (Netscreen Technologies Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization recapitalization. or other transaction affecting the Company's ’s outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such such, transaction distributed with respect to the Shares shall be immediately subject to the Company's ’s First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Restricted Stock Agreement (Danger Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's ’s outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which that is by reason of such transaction distributed with respect to the Shares Stock shall be immediately subject to the Company's ’s First Refusal Right and the Major Investors’ Secondary Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Kranem Corp)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's ’s outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which that is by reason of such transaction distributed with respect to the Shares Stock shall be immediately subject to the Company's ’s First Refusal Right and the Investors and the Other Founders’ Secondary Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Stockholders’ Agreement (Alphasmart Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction affecting the Company's ’s outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Shares shall be immediately subject to the Company's ’s First Refusal Right hereunder, but only to the extent the Shares are at the time covered by such right.

Appears in 1 contract

Samples: Restricted Common Stock Purchase Agreement (Cadence Pharmaceuticals Inc)

Recapitalization. (a) In the event of any stock dividend, stock split, recapitalization or other transaction trans action affecting the Company's outstanding Common Stock as a class effected without receipt of consideration, then any new, substituted or additional securities or other property which is by reason of such transaction distributed with respect to the Purchased Shares shall be immediately subject to the Company's First Refusal Right hereunder, but only to the extent the Purchased Shares are at the time covered by such right.

Appears in 1 contract

Samples: Founders Stock Purchase Agreement (Critical Path Inc)

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