On a Fully-Diluted Basis Sample Clauses

On a Fully-Diluted Basis. Except for (i) unexercised employee options and stock awards totaling 1,782,329 shares under the Company’s 2003 Equity Incentive Plan, (ii) 650,000 options that the Company intends to issue to two new officers of the Company once the option plan has been amended, and (iii) warrants to acquire 171,800 shares at $0.01/share that have been awarded to two consultants of the Company, and (iv) warrants to acquire up to 250,000 shares at $0.25/share based on meeting certain performance milestones, which the Company issued to a consultant, there are not outstanding any options, warrants, rights (including conversion or preemptive rights), or agreements for the purchase or acquisition from the Company or, to the knowledge of the Company from any shareholder, of any shares of the capital stock of the Company.
Sample 1
AutoNDA by SimpleDocs
On a Fully-Diluted Basis. On A Fully Diluted Basis" shall refer to the number of Voting Securities of the Company which would be outstanding and issued assuming that all Voting Securities which are issuable (i) upon the conversion or exchange of any of the Company's outstanding convertible or exchangeable securities, including notes and debentures, have been issued and (ii) upon the exercise of the Company's outstanding options or authorized but unissued options and warrants for the purchase of Voting Securities and rights to subscribe for or purchase Voting Securities, have been issued.
Sample 1

Related to On a Fully-Diluted Basis

  • Voting Stock Stock or similar interests, of any class or classes (however designated), the holders of which are at the time entitled, as such holders, to vote for the election of a majority of the directors (or persons performing similar functions) of the corporation, association, trust or other business entity involved, whether or not the right so to vote exists by reason of the happening of a contingency.

  • Voting Securities any securities of the Company that vote generally in the election of directors.

  • Common Stock 1 Company........................................................................1

  • Total Shares Except for the Shares referred to in 2.03, Stockholder does not beneficially own any (i) shares of capital stock or voting securities of the Company, (ii) securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire from the Company any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Capitalization; Voting Rights (a) The authorized capital stock of the Company, as of the date hereof consists of 350,000,000 shares, of which 300,000,000 are shares of Common Stock, par value $0.01 per share, 80,390,663 shares of which are issued and outstanding, and 50,000,000 are shares of preferred stock, par value $0.01 per share of which no shares of preferred stock are issued and outstanding. The authorized, issued and outstanding capital stock of each Subsidiary of the Company is set forth on Schedule 4.3.

  • Capital Stock Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub, the Company, or the holders of any of the following securities, the following shall occur:

  • Company Capital Stock “Company Capital Stock” shall mean the Company Common Stock and the Company Preferred Stock.

  • Subsequent Equity Sales (a) From the date hereof until 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents.

  • Capitalization Ratio The Borrower will not permit its Capitalization Ratio to exceed 0.50 to 1.00 as of the end of any fiscal quarter or fiscal year end.

Time is Money Join Law Insider Premium to draft better contracts faster.