Common Shares Equivalents definition

Common Shares Equivalents means any securities of the Company or the Subsidiaries which would entitle the holder thereof to acquire at any time Common Shares, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Shares.

Common Shares Equivalents shall have the meaning set forth in Section 11(a)(iii) hereof.

Common Shares Equivalents means any securities of the Corporation or the Subsidiaries which would entitle the holder thereof to acquire at any time Common Shares, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Shares.

Examples of Common Shares Equivalents in a sentence

• For the purposes of clarification, the Exercise Price of this Warrant will not be adjusted in the event that the Company or any Subsidiary thereof, as applicable, sells or grants any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition) any Common Shares or Common Shares Equivalents, at an effective price per share less than the Exercise Price then in effect.

• The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under the Company’s stock option plans, the issuance of Common Shares to employees pursuant to the Company’s employee stock purchase plans and pursuant to the conversion and/or exercise of Common Shares Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act.

• If the Company in any manner issues or sells any Common Shares Equivalents (other than Common Shares Equivalents that qualify as Exempt Issuances) and the lowest price per share for which one Common Share is issuable upon the conversion, exercise or exchange thereof is less than the Applicable Price, then such Common Shares shall be deemed to be outstanding and to have been issued and sold by the Company at the time of the issuance or sale of such Common Shares Equivalents for such price per share.

• Except as contemplated below, no further adjustment of the Exercise Price shall be made upon the actual issuance of such Common Shares or of such Common Shares Equivalents upon the exercise of such options or upon the actual issuance of such Common Shares upon conversion, exercise or exchange of such Common Shares Equivalents.

• If any Common Shares, options or Common Shares Equivalents are issued or sold or deemed to have been issued or sold for cash, the consideration received therefor (for the purpose of determining the consideration paid for such Common Shares, option or Common Shares Equivalent, but not for the purpose of the calculation of the Black Scholes Value) will be deemed to be the net amount of consideration received by the Company therefor.

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

• Such adjustment shall be made whenever such Common Shares or Common Shares Equivalents are issued.

• From the date hereof until ninety (90) days after the Closing Date, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of Common Shares or Common Shares Equivalents (or a combination of units thereof) involving a Variable Rate Transaction.

• The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Shares or Common Shares Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

• For so long as this Note remains outstanding, except in connection with an Exempt Issuance, the Holder shall have the right to participate in any offering of the Borrower’s Common Shares or Common Shares Equivalents, including the Qualified Offering, on the same terms and conditions as any other subscriber, investor or participant in such offering and apply all or some of the amounts outstanding on this Note as payment for the securities to be acquired pursuant to such other offering.

More Definitions of Common Shares Equivalents

Common Shares Equivalents means warrants, options and rights exercisable for Common Shares and securities convertible or exchangeable for Common Shares.

Common Shares Equivalents means, collectively, Options and Convertible Securities.

Common Shares Equivalents means, with respect to any Investor, the aggregate number of Common Shares owned by such Investor together with the number of Common Shares into or for which any Convertible Notes owned by such Investor shall be convertible;

Common Shares Equivalents means the Series A Preferred Shares, and all other shares, warrants, options and other rights convertible into or exercisable for Common Shares;