Common use of Treasury Shares Clause in Contracts

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.

Appears in 256 contracts

Sources: Warrant Agreement (MassRoots, Inc.), Warrant Agreement (Naturewell Inc), Service Agreement (New Media Lottery Services Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 24 contracts

Sources: Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held directly by or for the account of the CompanyCompany in treasury, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.2.

Appears in 14 contracts

Sources: Common Stock Purchase Warrant (Moses Robert K Jr), Reimbursement Agreement (Industrial Holdings Inc), Warrant Agreement (Intelect Communications Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company, Company or any subsidiary of the Company and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 7 contracts

Sources: Warrant Agreement (Gardenburger Inc), Credit and Security Agreement (Franks Nursery & Crafts Inc), Securities Purchase Agreement (Covol Technologies Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held directly by or for the account of the CompanyCompany in treasury, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 5.2.

Appears in 7 contracts

Sources: Note Purchase Agreement (Black Warrior Wireline Corp), Reimbursement Agreement (Industrial Holdings Inc), Convertible Note Agreement (Black Warrior Wireline Corp)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held directly by or for the account of the CompanyCompany in treasury, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section .

Appears in 6 contracts

Sources: Warrant Agreement (Transamerican Waste Industries Inc), Warrant Agreement (Transamerican Waste Industries Inc), Purchase and Sale Agreement (Industrial Holdings Inc)

Treasury Shares. The number of shares of the Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and the disposition (but not the cancellation) of any such shares shall be considered an issue or sale of the Common StockStock for the purposes of Section 6.

Appears in 3 contracts

Sources: Warrant Agreement (Guez Paul), Warrant Agreement (Harvey Entertainment Co), Warrant Agreement (Harvey Entertainment Co)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and the disposition (but not the cancellation) of any such shares in tranches greater than 10,000 shall be considered an issue or sale of the Common StockStock for the purposes of Section 9.

Appears in 3 contracts

Sources: Warrant Agreement (World Airways Inc /De/), Warrant Agreement (World Airways Inc /De/), Warrant Agreement (World Airways Inc /De/)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyParent or any of the Subsidiaries, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common Stock.

Appears in 2 contracts

Sources: Secured Convertible Note (Vista Information Solutions Inc), Secured Convertible Note (Fidelity National Financial Inc /De/)

Treasury Shares. The number of shares of the Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any of its subsidiaries, and but the disposition (but not the cancellation) of any such shares shall be considered an issue or sale of the Common StockStock for the purposes of Section 4.

Appears in 2 contracts

Sources: Employment Agreement (Utg Communications International Inc), Employment Agreement (Utg Communications International Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.Stock for the purposes of this paragraph 1B.

Appears in 1 contract

Sources: Note Purchase Agreement (Ldi Corp)

Treasury Shares. The For the purpose of this Section 5, the number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 1 contract

Sources: Securities Purchase Agreement (Lifecell Corp)

Treasury Shares. The number of shares of Common Stock outstanding Outstanding at any given time shall not include shares owned or held directly by or for the account of the CompanyCompany in treasury, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this SECTION 3.2.

Appears in 1 contract

Sources: Warrant Agreement (Intelect Communications Systems LTD)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company; PROVIDED, and that the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.4.

Appears in 1 contract

Sources: Warrant Agreement (Incentra Solutions, Inc.)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.Stock for the purposes of this subsection 3C.

Appears in 1 contract

Sources: Warrant Issuance and Delivery Agreement (Intersections Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purpose of this subsection 6(d).

Appears in 1 contract

Sources: Merger Agreement (Medical Industries of America Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company; PROVIDED, and that the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 2.7.

Appears in 1 contract

Sources: Convertible Term Note (Incentra Solutions, Inc.)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock directly or indirectly owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and the disposition of any such shares of Common Stock shall be considered an issue or sale of shares of Common StockStock for the purposes of this Section (2).

Appears in 1 contract

Sources: Warrant Agreement (Onesource Information Services Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock owned or held by or for the account of the Company, and the . The disposition of any such shares of Common Stock owned or held by or for the account of the Company shall be considered an issue or sale of Common StockStock for the purposes of this Section 11.

Appears in 1 contract

Sources: Financing Agreement (Wahlco Environmental Systems Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, Company or any subsidiary of the Company and the disposition of any such shares shall be considered an issue or sale of Common StockStock for purposes of this Article II.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Mobile Pet Systems Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this SECTION 6.

Appears in 1 contract

Sources: Warrant Agreement (Training Devices International Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCorporation or any Subsidiary of the Corporation, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 1 contract

Sources: Warrant Issuance Agreement (Cornell Corrections Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held directly by or for the account of the CompanyCompany in treasury, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.4.

Appears in 1 contract

Sources: Warrant Agreement (Intelect Communications Systems LTD)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 3(i).

Appears in 1 contract

Sources: Accounts Receivable Purchase Agreement (Scient Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.Stock for the purposes of this paragraph 2C.

Appears in 1 contract

Sources: Warrant Agreement (Qorus Com Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any Subsidiary (as defined in Section 2(g)), and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 1 contract

Sources: Securities Purchase Agreement (T F Purifiner Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company or any subsidiary of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.

Appears in 1 contract

Sources: Warrant Agreement (Talx Corp)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company or any subsidiary of the Company, and the disposition of any such shares (other than between the Company and any such subsidiary or between any such subsidiaries) shall be considered an issue or sale of Common StockStock for purposes of this Article II.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Universal Heights Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this subsection (d).

Appears in 1 contract

Sources: Warrant Agreement (Cayenne Software Inc)

Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.

Appears in 1 contract

Sources: Warrant Agreement (Stemcells Inc)