Additional Shares of Common Stock definition
Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 4.4.3 below, deemed to be issued) by the Corporation after the Series B Original Issue Date, other than (1) the following shares of Common Stock and (2) shares of Common Stock deemed issued pursuant to the following Options and Convertible Securities (clauses (1) and (2), collectively, “Exempted Securities”):
Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 4(d)(iii) below, deemed to be issued) by the Corporation after the Series A Original Issue Date, other than:
Additional Shares of Common Stock means all shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except:
Examples of Additional Shares of Common Stock in a sentence
The Company shall notify the Holder, in writing, no later than the Trading Day following the issuance or deemed issuance of any Additional Shares of Common Stock subject to this Section 5.4, indicating therein the applicable issuance price, or applicable reset price, exchange price, conversion price and other pricing terms (such notice, the “Dilutive Issuance Notice”).
For purposes of clarification, the amount of consideration received for such Additional Shares of Common Stock shall not include the value of any additional securities or other rights received in connection with such issuance of Additional Shares of Common Stock (i.e., warrants, rights of first refusal or other similar rights).
More Definitions of Additional Shares of Common Stock
Additional Shares of Common Stock means all shares of Common Stock issued by the Company after the Closing Date, other than Warrant Stock.
Additional Shares of Common Stock means all shares of Common Stock issued by the Company after the Issue Date, other than Warrant Stock.
Additional Shares of Common Stock means all shares (including treasury shares) of Common Stock issued or sold (or, pursuant to Section 3.3 or 3.4, deemed to be issued) by the Company after the date hereof, whether or not subsequently reacquired or retired by the Company, other than
Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 5.4.3 below, deemed to be issued) by the Corporation after the Series A-2 Original Issue Date, other than (1) the following shares of Common Stock and (2) shares of Common Stock deemed issued pursuant to the following Options and Convertible Securities (clauses (1) and (2), collectively, “Exempted Securities”):
(i) shares of Common Stock, Options or Convertible Securities issued upon the conversion of, or as a dividend or distribution on, Preferred Stock;
(ii) shares of Common Stock, Options or Convertible Securities issued by reason of a dividend, stock split, split-up or other distribution on shares of Common Stock that is covered by Subsection 5.5, 5.6, 5.7 or 5.8; provided that the Board (including each of the Preferred Directors then serving on the Board if any are then serving) shall approve such issuance;
(iii) shares of Common Stock or Options issued to employees or directors of, or consultants or advisors to, the Corporation or any of its subsidiaries pursuant to a plan, agreement or arrangement (or any amendment thereof) approved by the Board, which approval shall include the approval of each of the Preferred Directors then serving on the Board if any are then serving;
(iv) shares of Common Stock or Convertible Securities actually issued upon the exercise of Options or shares of Common Stock actually issued upon the conversion or exchange of Convertible Securities, in each case provided such issuance is pursuant to the terms of such Option or Convertible Security;
(v) shares of Common Stock, Options or Convertible Securities issued to banks, equipment lessors or other financial institutions, or to real property lessors, pursuant to a debt financing, equipment leasing, real property leasing transaction or other credit arrangement approved by the Board; provided that the Board shall approve such issuance, which approval shall include the approval of each of the Preferred Directors then serving on the Board if any are then serving; or
(vi) shares of Common Stock, Options or Convertible Securities issued pursuant to the acquisition of another corporation by the Corporation by merger, purchase of substantially all of the assets or other reorganization or to a joint venture agreement, provided that such issuances are approved by the Board, which approval shall include the approval of each of the Preferred Directors then serving on the Board if any are then serving.
Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 4(d)(iii) below, deemed to be issued) by the Corporation after the Original Issue Date, other than the following (“Exempted Securities”):
Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Section 3(d)(iii) below, deemed to be issued) by the Company after the Warrant Issue Date (as defined below), other than shares of Common Stock issued or issuable:
Additional Shares of Common Stock means all shares of Common Stock issued by the Company or deemed to be issued pursuant to this Section E.10., whether or not subsequently reacquired or retired by the Company other than (1) shares of Common Stock issued upon conversion of the Preferred; (2) shares of Common Stock and/or options, warrants or other Common Stock purchase rights and the Common Stock issued pursuant to such options, warrants or other rights (as adjusted for any stock dividends, combinations, splits, recapitalizations and the like) issued or to be issued to employees, officers or directors of, or consultants or advisors to the Company or any subsidiary pursuant to stock purchase or stock option plans or other arrangements that are approved by the Board; (3) shares of Common Stock issued pursuant to the exercise of options, warrants or convertible securities outstanding as of the Original Issue Date; (4) shares of Common Stock issuable in connection with a loan or leasing transaction approved by the Board of Directors, (5) shares of Series B Preferred, shares of Series C Preferred or the Series C Warrant issued to Warburg, Pincus Ventures, L.P., (6) strategic transactions approved by a majority of the members of the Board of Directors including at least one of the directors elected by the holders of the Series B Preferred and the Series C Preferred and (7) shares of Common Stock issuable under options, warrants or rights granted in connection with any of the foregoing transactions. The "Effective Price" of Additional Shares of Common Stock shall mean the quotient determined by dividing the total number of Additional Shares of Common Stock issued or sold, or deemed to have been issued or sold by the Company under this Section E.10., into the aggregate consideration received, or deemed to have been received by the Company for such issue under this Section E.10., for such Additional Shares of Common Stock.