Additional Shares of Common definition

Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 3(e)(iii), deemed to be issued) by the Corporation after the Original Issue Date, other than shares of Common Stock issued or issuable:

Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 4(d)(iii), deemed to be issued) by the Corporation after the filing of these Articles of Incorporation, other than:

Additional Shares of Common means all shares of Common issued (or, pursuant to Section 7(e), deemed to be issued) by the Company after the date hereof and prior to the exercise of this Warrant, other than:

Examples of Additional Shares of Common in a sentence

• The consideration for any Additional Shares of Common Stock issuable pursuant to any warrants or other rights to subscribe for or purchase the same shall be the consideration received by the Issuer for issuing such warrants or other rights plus the additional consideration payable to the Issuer upon exercise of such warrants or other rights.

• In case of the issuance at any time of any Additional Shares of Common Stock or Common Stock Equivalents in payment or satisfaction of any dividend upon any class of Capital Stock of the Issuer other than Common Stock, the Issuer shall be deemed to have received for such Additional Shares of Common Stock or Common Stock Equivalents a consideration equal to the amount of such dividend so paid or satisfied.

• In case of the issuance at any time of any Additional Shares of Common Stock or Common Stock Equivalents in payment or satisfaction of any dividends upon any class of stock other than Common Stock, the Issuer shall be deemed to have received for such Additional Shares of Common Stock or Common Stock Equivalents a consideration equal to the amount of such dividend so paid or satisfied.

• The consideration for any Additional Shares of Common Stock issuable pursuant to any Common Stock Equivalents shall be the consideration received by the Issuer for issuing such Common Stock Equivalents, plus the additional consideration payable to the Issuer upon the exercise, conversion or exchange of such Common Stock Equivalents.

• In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (b) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to the price equal to the consideration per share paid for such Additional Shares of Common Stock.

More Definitions of Additional Shares of Common

Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 4(g)(iii), deemed to be issued) by the Corporation after the Series E Original Issue Date, other than shares of Common Stock issued, issuable or, pursuant to Section 4(g)(iii) herein, deemed to be issued:

Additional Shares of Common means all shares of Common issued or deemed to be issued by the corporation after the Original Issue Date, other than shares of Common issued or issuable:

Additional Shares of Common means all shares of Common issued by the Corporation after the date hereof except Warrant Stock.

Additional Shares of Common means all shares of Common issued (or, pursuant to Section 5(e)(iii) of this Article III, deemed to be issued) by the Corporation after the Original Issue Date, other than:

Additional Shares of Common means all shares of Common Stock issued (or, pursuant to paragraph 5(d)(iv), deemed to be issued) by the Company after the filing and acceptance of this Certificate of Designation (the “Filing Date”), other than issuances or deemed issuances of:

Additional Shares of Common means all shares of Common --------------------------- issued (or, pursuant to Section 3(e), deemed to be issued) by the Company after ------------ the date hereof and prior to the conversion of the entire outstanding principal of the Note, other than shares of Common Stock issued or issuable:

Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 5(d)(iii), deemed to be issued) by the Corporation after the Original Issue Date, other than shares of Common Stock issued or issuable: (1) upon conversion (but not issuance) of shares of, or a dividend or distribution on, Series C Preferred or the Series B Preferred; (2) to officers, directors, employees or consultants pursuant to (i) restricted stock grants of up to 150,000 shares of restricted Common Stock or (ii) options to purchase up to 300,000 shares of Common Stock with an exercise price per share equal to the greater of (x) the Series C Conversion Price or (y) the Market Price of a share of Common Stock, in each case, as in effect on the date of and immediately prior to such grant, and in each case under such clauses (i) and (ii), pursuant to the Company’s 2007 Omnibus Securities and Incentive Plan for the primary purpose of soliciting or compensating them for their past or future services, (3) by way of dividend or other distribution on shares of Common Stock excluded from the definition of Additional Shares of Common by the foregoing clauses (1) and (2) or this clause (3); (4) as a result of the exercise of any option or warrant to purchase Common Stock outstanding as of the Original Issue Date, (5) for which adjustment to (x) the Series C Conversion Price is made pursuant to Section 5(d)(vi) or (y) the Series B Conversion Price is made after the Original Issue Date pursuant to Section 5(d)(vi) of the Series B Certificate of Designation; (6) as a result of the exercise of the “Rodman Warrants” issued by the Corporation pursuant to the December 18, 2007 letter agreement between the Corporation and Rodman and Renshaw, LLC, or (7) upon the approval of the Majority Holders.