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, and the disposition of any shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 20 contracts
Samples: Investor Rights Agreement (Novavax Inc), Exercise Agreement (SoftBrands, Inc.), Exercise Agreement (SoftBrands, Inc.)
Treasury Shares. The number of shares of Common Stock Equity outstanding at any given time shall does not include shares owned or held by or for the account of the Company or any SubsidiaryCompany, and the disposition of any shares so owned or held shall be considered an issue issuance or sale of Common StockEquity.
Appears in 7 contracts
Samples: Warrant And (Wherify Wireless Inc), Wherify Wireless Inc, Wherify Wireless 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 Company or any Subsidiaryin treasury, and the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 5.2.
Appears in 7 contracts
Samples: Reimbursement Agreement (Industrial Holdings Inc), Reimbursement Agreement (Industrial Holdings Inc), Letter Agreement (Industrial Holdings 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 Company or any Subsidiaryin treasury, and the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section .
Appears in 6 contracts
Samples: Letter Agreement (Industrial Holdings Inc), Letter Agreement (Industrial Holdings Inc), Transamerican Waste Industries Inc
Treasury Shares. The number of shares of Common Stock outstanding Deemed Outstanding at any given time shall does not include shares owned or held by or for the account of the Company or any SubsidiaryCompany, and the disposition of any shares so owned or held shall will be considered an issue issuance or sale of Common Stock.
Appears in 5 contracts
Samples: Exercise Agreement (Jw Charles Financial Services Inc/Fl), Exercise Agreement (Jw Charles Financial Services Inc/Fl), Warrant (Wilmington Trust Corp)
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 SubsidiarySubsidiary of the Company, and the disposition of any shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: Levine Leichtman Capital Partners Ii Lp, Interdent Inc, Levine Leichtman Capital Partners Ii Lp
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 Subsidiaryof its subsidiaries, and the disposition (but not the cancellation) of any such shares so owned or held 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
Samples: 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 not include shares owned or held by or for the account of the Company or any SubsidiaryCorporation, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.Stock for the purpose of this subparagraph 6D.
Appears in 3 contracts
Samples: Registration Rights Agreement (Ets International Inc), Series a Stock Purchase Agreement (Neon Systems Inc), New Era of Networks 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 Company or any Subsidiaryof its subsidiaries, and the disposition (but not the cancellation) of any such shares so owned or held shall be considered an issue or sale of the Common StockStock for the purposes of Section 6.
Appears in 3 contracts
Samples: Warrant Agreement (Harvey Entertainment Co), Warrant Agreement (Harvey Entertainment Co), Common Stock Purchase Warrant (Guez Paul)
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 Parent or any Subsidiaryof the Subsidiaries, and the disposition of any shares so owned or held shall will be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Fidelity National Financial Inc /De/, Vista Information Solutions 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 Company Corporation or any Subsidiaryof its subsidiaries, and but the disposition (but not the cancellation) of any such shares so owned or held shall be considered an issue or sale of the Common StockStock for the purposes of Section 4.
Appears in 2 contracts
Samples: 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 or any SubsidiaryCorporation, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockStock for the purpose of this subsection 6(d).
Appears in 1 contract
Samples: Employment 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 or any SubsidiaryCompany, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockStock for the purposes of this SECTION 6.
Appears in 1 contract
Samples: Training Devices International 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 Company or any Subsidiaryin treasury, and the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.4.
Appears in 1 contract
Samples: Intelect Communications Systems LTD
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 Corporation or any SubsidiarySubsidiary of the Corporation, and the disposition of any shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: 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 by or for the account of the Company or any Subsidiary, subsidiary of the Company and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockStock for purposes of this Article II.
Appears in 1 contract
Samples: Mobile Pet Systems 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, and subsidiary of the disposition of any shares so owned or held shall be considered an issue or sale of Common StockCompany.
Appears in 1 contract
Samples: 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 SubsidiaryCompany; PROVIDED, and that the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.4.
Appears in 1 contract
Samples: 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 or any Subsidiary, and the disposition of any shares so owned or held shall be considered an issue or sale of Common StockCompany.
Appears in 1 contract
Samples: Stemcells 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 Corporation or any SubsidiarySubsidiary (as defined in Section 2(g)), and the disposition of any shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 1 contract
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 Company Corporation or any Subsidiarysubsidiary, and the disposition of any shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 1 contract
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 SubsidiaryCompany; PROVIDED, and that the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 2.7.
Appears in 1 contract
Samples: 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 or any SubsidiaryCompany, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.Stock for the purposes of this paragraph 1B.
Appears in 1 contract
Samples: Severance Payment Subordination Agreement (Ldi Corp)
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. The disposition of any shares of Common Stock owned or held by or for the account of the Company or any Subsidiary, and the disposition of any shares so owned or held shall be considered an issue or sale of Common StockStock for the purposes of this Section 11.
Appears in 1 contract
Samples: Warrant 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 or any SubsidiaryCompany, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.Stock for the purposes of this subsection 3C.
Appears in 1 contract
Samples: 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 Company or any Subsidiarysubsidiary of the Company, and the disposition of any such shares so owned (other than between the Company and any such subsidiary or held between any such subsidiaries) shall be considered an issue or sale of Common StockStock for purposes of this Article II.
Appears in 1 contract
Samples: 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 or any SubsidiaryCompany, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockStock for the purposes of this subsection (d).
Appears in 1 contract
Samples: Cayenne Software Inc
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 Company or any Subsidiaryin treasury, and the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common StockStock for the purpose of this SECTION 3.2.
Appears in 1 contract
Samples: 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 or any SubsidiaryCorporation, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.Stock for the purposes of this paragraph 2C.
Appears in 1 contract
Samples: Qorus Com 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 Company or any Subsidiaryof its subsidiaries, and the disposition of any such shares so owned or held 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
Samples: Warrant Agreement (Onesource Information Services 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 or any Subsidiaryof its wholly-owned subsidiaries, and the disposition of any such shares so owned (other than the cancellation or held retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 3(i).
Appears in 1 contract
Samples: Accounts Receivable Purchase Agreement (Scient Inc)
