Common Equivalent Shares definition

Common Equivalent Shares means the Shares and any other class or series of capital stock of the Company, whether or not denominated as Shares, including any series of preferred stock.

Common Equivalent Shares. Beneficially Owned by any person shall mean the number of shares of Common Stock Beneficially Owned by such person.

Common Equivalent Shares means the total number of shares of Common Stock outstanding on a fully diluted basis, calculated in a manner consistent with the manner used by the General Partner for reporting diluted earnings or loss per share under generally accepted accounting principles, it being understood that, to the extent that the General Partner discloses diluted earnings or loss per share in any of its periodic reports publicly filed with the SEC, Common Equivalent Shares for such period for the purposes of this Agreement shall be calculated in a manner consistent with such public disclosure.

Examples of Common Equivalent Shares in a sentence

• In connection with the sale or issuance of any additional Common Equivalent Shares or Convertible Securities, the Company shall require the recipient of such securities, if such recipient is not a Holder, to execute the Joinder Agreement as a condition to being sold or issued such Common Equivalent Shares or Convertible Securities.

• Subject to adjustment under Sections IV(c) and IV(b)(3), not more than 50,262,347 shares of Company Stock, increased, as of the first day of each fiscal year beginning after January 1, 1997, by 1.50% of the number of Chiron Common Equivalent Shares outstanding as of December 31, 1996, may be subject to Incentive Options (as defined below) granted under the Plan after the Effective Date.

• With respect to any obligations hereunder assumed by any Whippoorwill Account, such obligations shall be several and not joint and shall be limited to the percentage held by such Whippoorwill Account of the total Common Equivalent Shares held by all such Whippoorwill Accounts, and no such Whippoorwill Account shall be liable for any obligation of any other Whippoorwill Account.

• Notwithstanding the foregoing, as of the first day of each fiscal year beginning after January 1, 1997 the aggregate number of shares of Company Stock that may be subject to awards under the Plan will be increased by 1.50% of the number of Chiron Common Equivalent Shares outstanding as of last day of the preceding fiscal year.

• Fully Diluted Market Capitalization is calculated using Common Stock OS and Common Equivalent Shares OS on a Fully Diluted basis.

More Definitions of Common Equivalent Shares

Common Equivalent Shares means the total number of Shares outstanding on a fully-diluted basis, calculated in a manner consistent with the manner used by the Company for reporting diluted earnings or loss per Share under generally accepted accounting principles, it being understood that, to the extent that the Company discloses diluted earnings or loss per share in any of its periodic reports publicly-filed with the Securities and Exchange Commission, Common Equivalent Shares for such period for the purposes of this Plan shall be calculated in a manner consistent with such public disclosure.

Common Equivalent Shares means any equity or debt securities of New Holdings convertible, exchangeable or exercisable for New Holdings Common Stock, without additional consideration other than the relinquishment of rights pertaining to such securities.

Common Equivalent Shares means shares of Common Stock issuable upon conversion, exercise or exchange of Convertible Securities.

Common Equivalent Shares means, with respect to each share of Series C Redeemable Preferred Stock, (x) as of the initial Issuance Date of the Series C1 Redeemable Preferred Stock, [ ] shares of Common Stock of the Company and (y) as of any other date, such number of shares of Common Stock of the Company, as increased or decreased from time to time by the board of directors of the Company acting in good faith, which determination shall be conclusive, to reflect (A) dividends and distributions in respect of Common Stock of the Company paid in Common Stock of the Company, (B) subdivisions, combinations and reclassifications of Common Stock of the Company, (C) the issuance to all holders of Common Stock of the Company of rights, options or warrants entitling such holders to purchase from the Company its Common Stock at a price below the Common Fair Market Value at the record date with respect to the issuance of such rights, options or warrants, and (D) capital contributions to the Company either (i) not accompanied by any issuance of Common Stock of the Company to the Person making any such capital contribution, or (ii) accompanied by the issuance of Common Stock of the Company (or securites convertible into or exchangeable therefor) to the person making any such capital contribution at an implied price per share of Common Stock of the Company that is less than the Common Fair Market Value as of the date of such capital contribution.

Common Equivalent Shares has the meaning set forth in Section 11(c)(2)(C) of this Agreement.

Common Equivalent Shares means, with respect to any Stockholder, the number of shares of Common Stock owned by such Stockholder plus the number of shares of Common Stock issuable to such Stockholder pursuant to the conversion of all Series A Stock owned by such Stockholder; provided, that, for purposes of determining the number of Common Equivalent Shares owned by each of Xxxxxx X. Xxxxxx and Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxxxx shall be deemed to own the number of Common Equivalent Shares owned by all of the Shasha Holders and Xxxxxxx X. Xxxxx shall be deemed to own the number of Common Equivalent Shares owned by all of the Xxxxx Holders.

Common Equivalent Shares means the number of shares of Company Common Stock issued and outstanding as of immediately prior to the Effective Time, treating all Stock Options as having been fully exercised as of such time.