Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 958 contracts
Samples: Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.), Securities Purchase Agreement (Chromocell Therapeutics Corp), Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.
Appears in 174 contracts
Samples: Line of Credit Agreement (Star Alliance International Corp.), Securities Purchase Agreement (Western Magnesium Corp.), Securities Purchase Agreement (Western Magnesium Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 109 contracts
Samples: Warrant Agent Agreement, Common Stock Purchase Warrant (Spring Bank Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Spring Bank Pharmaceuticals, Inc.)
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 109 contracts
Samples: Warrant Agreement (bioAffinity Technologies, Inc.), Purchase Agreement (Imperalis Holding Corp.), Warrant Agreement (bioAffinity Technologies, Inc.)
Calculations. All calculations under this Section 5 7 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 57, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCorporation) issued and outstanding.
Appears in 103 contracts
Samples: Securities Purchase Agreement (Artificial Intelligence Technology Solutions Inc.), Support Agreement (Traws Pharma, Inc.), Subscription Agreement (CONX Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 69 contracts
Samples: Common Stock Purchase Warrant (Abvc Biopharma, Inc.), Common Stock Purchase Warrant (Know Labs, Inc.), Common Stock Purchase Warrant (Abvc Biopharma, Inc.)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 34 contracts
Samples: Securities Purchase Agreement (Cool Technologies, Inc.), Ayala Pharmaceuticals, Inc., Ayala Pharmaceuticals, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock Ordinary Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Ordinary Shares (excluding any treasury shares of the Company) issued and outstanding.
Appears in 14 contracts
Samples: Lion Group Holding LTD, Lion Group Holding LTD, Edoc Acquisition Corp.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the aggregate number of issued and to be converted shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Cyberdefender Corp), Amendment (Asure Software Inc), Issuer Direct Corp
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Hartville Group Inc), Registration Rights Agreement (Composite Technology Corp), Registration Rights Agreement (Composite Technology Corp)
Calculations. All calculations under this Section 5 4(d) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54(d), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.. β
Appears in 11 contracts
Samples: Note and Security Agreement (Kiromic Biopharma, Inc.), Note and Security Agreement (Kiromic Biopharma, Inc.), Note and Security Agreement (Kiromic Biopharma, Inc.)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 10 contracts
Samples: Security Agreement (Amergent Hospitality Group, Inc), Vape Holdings, Inc., Vape Holdings, Inc.
Calculations. All calculations under this Section 5 8 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 9 contracts
Samples: Form of Note Purchase Agreement (Inspire Veterinary Partners, Inc.), Inspire Veterinary Partners, Inc., Inspire Veterinary Partners, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding any treasury shares of the Company) issued and outstanding.
Appears in 8 contracts
Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Progressive Care Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyIssuer) issued and outstanding.
Appears in 8 contracts
Samples: Hightimes Holding Corp., Hightimes Holding Corp., Hightimes Holding Corp.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 1/1 OOth of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 7 contracts
Samples: Sigyn Therapeutics, Inc., Sigyn Therapeutics, Inc., Sigyn Therapeutics, Inc.
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCorporation) issued and outstanding.
Appears in 6 contracts
Samples: Registration Rights Agreement (Phunware, Inc.), Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Asta Holdings, Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 6 contracts
Samples: Wetouch Technology Inc., Wetouch Technology Inc., Wetouch Technology Inc.
Calculations. All calculations under this Section 5 6.23 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56.23, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.), Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.), Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Discovery Energy Corp.), Securities Purchase Agreement (Discovery Energy Corp.), Discovery Energy Corp.
Calculations. All calculations under this Section 5 5(j) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: Millennium Cell Inc, Millennium Cell Inc, Millennium Cell Inc
Calculations. All calculations under this Section 5 6.24 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56.24, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.)
Calculations. All calculations under this Section 5 shall Warrant must be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time does not include shares of Common Stock owned or held by or for the account of the Company. For the purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be is the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bullion River Gold Corp), Attachment 1 (Bullion River Gold Corp), Attachment 1 (Bullion River Gold Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding. Notice to the Holder.
Appears in 4 contracts
Samples: Aurelio Resource Corp, Analytical Surveys Inc, Analytical Surveys Inc
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 4 contracts
Samples: Lifevantage Corp, Lifevantage Corp, Lifevantage Corp
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Powerwave Technologies Inc), Securities Purchase Agreement (Diamond Foods Inc)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCompanies) issued and outstanding.
Appears in 4 contracts
Samples: Notis Global, Inc., Notis Global, Inc., Notis Global, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent two (2) decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 3 contracts
Samples: ARJ Consulting, LLC, Verus International, Inc., Verus International, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyParent) issued and outstanding.
Appears in 3 contracts
Samples: Exchange Agreement (Notis Global, Inc.), Notis Global, Inc., Ascent Solar Technologies, Inc.
Calculations. All calculations under this Section 5 5.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 55.5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 3 contracts
Samples: Precipio, Inc., www.precipiodx.com, www.precipiodx.com
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCorporation) issued and outstanding.
Appears in 2 contracts
Samples: Share Exchange Agreement (DPW Holdings, Inc.), Share Exchange Agreement (Avalanche International, Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Warrant Agent Agreement (CW Petroleum Corp), Warrant Agent Agreement (CW Petroleum Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 53, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 2 contracts
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding any treasury shares of the Companyshares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 2 contracts
Samples: Sphere 3D Corp., Siyata Mobile Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 11100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Cardiff International Inc, American Natural Energy Corp
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.,
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nac Global Technologies, Inc.), Nac Global Technologies, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Warrant Agent Agreement (180 Life Sciences Corp.), Warrant Agent Agreement (180 Life Sciences Corp.)
Calculations. All calculations under this Section 5 shall be ------------ made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: UC Hub Group Inc, Petrosearch Energy Corp
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Intercreditor Agreement (GEE Group Inc.), GEE Group Inc.
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyIssuer) issued and outstanding.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Faraday Future Intelligent Electric Inc.), Securities Purchase Agreement (Faraday Future Intelligent Electric Inc.)
Calculations. All calculations under this Section 5 4(e) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54(e), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.
Appears in 2 contracts
Samples: Note Amendment Agreement, Note Amendment Agreement (Authentidate Holding Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued and ; provided that such shares, upon disposition to a third party, shall then be considered outstanding.
Appears in 2 contracts
Samples: Avanex Corp, Avanex Corp
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.. g) Notice to the Holder. i.
Appears in 2 contracts
Samples: Emerald Medical Applications Corp., Emerald Medical Applications Corp.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares shares, of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Airbee Wireless, Inc., Pride Business Development Holdings, Inc.
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyJanOne) issued and outstanding.
Appears in 2 contracts
Samples: JanOne Inc., JanOne Inc.
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyand shares owned by subsidiaries, if any) actually issued and outstanding.
Appears in 1 contract
Samples: Warrant (Paragon Semitech USA, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Registration Rights Agreement (Vitesse Semiconductor Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, share as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Nu-Med Plus, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th one-tenth of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: TWO RIVERS WATER & FARMING Co
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding. 5.
Appears in 1 contract
Samples: Warrant Agreement
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be the sum of the number of shares of Common Stock (excluding any not include treasury shares or shares owned or held by or for the account of the Company) issued , and outstandingthe disposition of any such shares shall be considered as issue or sale of Common Stock.
Appears in 1 contract
Samples: FTE Networks, Inc.
Calculations. All calculations under this Section 5 5.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 55.5, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding any treasury unissued shares of the CompanyCorporation) issued and outstanding.
Appears in 1 contract
Samples: The Arrangement Agreement (DecisionPoint Systems, Inc.)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Samples: Diomed Holdings Inc
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th One Hundredth (1/100th) of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (ESP Resources, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCompany or Mount Tam) issued and outstanding.
Appears in 1 contract
Samples: Mount TAM Biotechnologies, Inc.
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Calpian, Inc.
Calculations. All calculations under this Section 5 shall be -------------- made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Electric Fuel Corp
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.. Xxxx Xxxx Petroleum Corporation
Appears in 1 contract
Calculations. All calculations under this Section 5 2.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 52.5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Mitek Systems Inc
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 1/1OOth of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Avant Diagnostics, Inc
Calculations. All calculations under this Section 5 and Section 5.1 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 55 and Section 5.1, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: China Water & Drinks Inc..
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 1/l00th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sigyn Therapeutics, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding exclude any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (Emmaus Life Sciences, Inc.)
Calculations. All calculations under this Section 5 shall be made to the ------------ nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Samples: Trinity Learning Corp
Calculations. All calculations under this Section 5 6 shall be made by the Company and shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Warrant Agreement (Legacy Healthcare Properties Trust Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest 1/100th of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Green Ballast, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding such given date.
Appears in 1 contract
Samples: Access Integrated Technologies Inc
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.
Appears in 1 contract
Samples: Ironwood Gold Corp.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 57, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ibsg International Inc)
Calculations. All calculations under this Section 5 1.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 51.5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Samples: Fluoropharma Medical, Inc.
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Merix Corp
