Common use of Deemed Issue of Additional Shares of Common Stock Clause in Contracts

Deemed Issue of Additional Shares of Common Stock. In the event the Company at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 3 contracts

Samples: Danskin Investors LLC, Danskin Inc, Danskin Investors LLC

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Deemed Issue of Additional Shares of Common Stock. In the event that the Company at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilutionfor a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided PROVIDED that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 3 contracts

Samples: Warrant Agreement (Mayors Jewelers Inc/De), Warrant Agreement (Mayors Jewelers Inc/De), Warrant Agreement (Mayors Jewelers Inc/De)

Deemed Issue of Additional Shares of Common Stock. In the event the Company Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 2 contracts

Samples: Securities Restriction Agreement (Park N View Inc), Stock Purchase Agreement (Park N View Inc)

Deemed Issue of Additional Shares of Common Stock. In Except as otherwise provided in Section 5(d), in the event the Company Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of any holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilutionfor a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 2 contracts

Samples: El Capitan Precious Metals Inc, El Capitan Precious Metals Inc

Deemed Issue of Additional Shares of Common Stock. In the event the Company at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options thereforfor Convertible Securities, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 2 contracts

Samples: Picis Inc, Picis Inc

Deemed Issue of Additional Shares of Common Stock. In the event the Company Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix such. a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixedfuted, as of the close of business on such record date, provided that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc)

Deemed Issue of Additional Shares of Common Stock. In the event the Company Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options therefortherefore, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc)

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Deemed Issue of Additional Shares of Common Stock. In the event the Company Corporation, at any time or from time to time after the Original Issue Date Date, shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, Securities shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date; PROVIDED, provided HOWEVER, that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Acacia Research Corp)

Deemed Issue of Additional Shares of Common Stock. In the event the Company Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc)

Deemed Issue of Additional Shares of Common Stock. In the event the Company Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein designed to protect against dilution) of Common Stock issuable upon the exercise of such Options, Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue of Options or Convertible Securities or, in case such a record date shall have been fixed, as of the close of business on such record date, provided provided, however, that in any such case in which Additional Shares of Common Stock are deemed to be issued:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Options Talent Group)

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