Determination of Consideration. For purposes of this Subsection 4.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 29 contracts
Samples: Form of Series Z Subscription Agreement (Starry Holdings, Inc.), Exclusive License Agreement, Exclusive License Agreement
Determination of Consideration. For purposes of this Subsection 4.4Section 3, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 29 contracts
Samples: Management Consulting Agreement, Management Consulting Agreement (Dynacast Inc.), Warrant Agreement (Immune Response Corp)
Determination of Consideration. For purposes of this Subsection 4.4paragraph (d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 12 contracts
Samples: Nextera Enterprises Inc, Nextera Enterprises Inc, Nextera Enterprises Inc
Determination of Consideration. For purposes of this Subsection 4.4, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 12 contracts
Samples: Adoption Agreement (Sagrera Ricardo A.), Adoption Agreement (RiverRoad Capital Partners, LLC), Adoption Agreement (Continental Grain Co)
Determination of Consideration. For purposes of this Subsection 4.4Section 5.4, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 11 contracts
Samples: Common Stock Purchase Warrant (Purchasesoft Inc), Common Stock Purchase Warrant (Purchasesoft Inc), Common Stock Purchase Warrant (Purchasesoft Inc)
Determination of Consideration. For purposes of this Subsection 4.4subsection 2(a), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 10 contracts
Samples: Parallax Health Sciences, Inc., Stockholders Agreement (Intercept Pharmaceuticals Inc), Pledge and Security Agreement (Westmoreland Coal Co)
Determination of Consideration. For purposes of this Subsection 4.4Section 5, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 9 contracts
Samples: Securities Purchase Agreement (Champions Biotechnology, Inc.), Stockholders Agreement (General Devices Inc), Bulldog Technologies Inc
Determination of Consideration. For purposes of this Subsection 4.4Section 7.3, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 9 contracts
Samples: Common Stock Purchase Warrant (ZaZa Energy Corp), Securities Purchase Agreement (ZaZa Energy Corp), Common Stock Purchase Warrant (ZaZa Energy Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(d), the consideration received by the Corporation for the issue (or deemed issue) of any Additional Shares of Common Stock shall be computed as follows:
Appears in 9 contracts
Samples: Master Closing Agreement, ir.knightscope.com, Master Closing Agreement (Fluidigm Corp)
Determination of Consideration. For purposes of this Subsection 4.4Exhibit I, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 8 contracts
Samples: Securities Purchase and Note Agreement (Universal Guaranty Life Insurance CO), Securities Purchase Agreement (Arena Resources Inc), Securities Purchase Agreement (Capco Energy Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 7 contracts
Samples: Convertible Note Purchase Agreement, Agreement and Plan of Merger (Mascoma Corp), Subordinated Convertible Note Purchase Agreement (Mascoma Corp)
Determination of Consideration. For purposes of this Subsection 4.4, the The consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 7 contracts
Samples: Teltronics Inc, Teltronics Inc, Debenture Purchase Agreement (Berger Holdings LTD)
Determination of Consideration. For purposes of this Subsection 4.4Section 10(a), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 6 contracts
Samples: Note Purchase Agreement (Rib X Pharmaceuticals Inc), Note Purchase Agreement (Rib X Pharmaceuticals Inc), Note Purchase Agreement (Rib X Pharmaceuticals Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 5.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 6 contracts
Samples: Exchange Agreement (Franklin Electronic Publishers Inc), Exchange Agreement (Saunders Acquisition Corp), Share Purchase Agreement (Saunders Acquisition Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(g), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 6 contracts
Samples: Loan and Security Agreement (Outbrain Inc.), Warrant Agreement (Comscore, Inc.), Investor Rights Agreement (Comscore, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 6, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 6 contracts
Samples: Joint Venture Agreement (Winwin Gaming Inc), Joint Venture Agreement (Winwin Gaming Inc), Stock Purchase Agreement (Park N View Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 3.4(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Common Stock Purchase Warrant (CVC Inc), Common Stock Purchase Warrant (CVC Inc), Common Stock Purchase Warrant (CVC Inc)
Determination of Consideration. For purposes of this Subsection Section 4.4, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Registration Rights Agreement (Ondas Holdings Inc.), Adoption Agreement (Ondas Holdings Inc.), Preferred Stock Purchase Agreement (TypTap Insurance Group, Inc.)
Determination of Consideration. For purposes of this Subsection 4.410(a), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows. Such consideration shall:
Appears in 5 contracts
Samples: Securities Purchase Agreement (Brown Bernard A), Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Sun Bancorp Inc /Nj/)
Determination of Consideration. For purposes of this Subsection 4.4Subsections 2.1(c) and 2.1(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Warrant Agreement (Advance Nanotech, Inc.), Warrant Agreement (Bioaccelerate Holdings Inc), Warrant Agreement (Advance Nanotech, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 7, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Note Purchase Agreement (Orion Energy Systems, Inc.), Orion Energy Systems, Inc., Orion Energy Systems, Inc.
Determination of Consideration. For purposes of this Subsection 4.4section (a), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Warrant Agreement (Aci Worldwide, Inc.), Warrant Agreement (VeriChip CORP), Warrant Agreement (Aci Worldwide, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 7, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Dees Craig PHD, Wachter Eric PHD, Photogen Technologies Inc
Determination of Consideration. For purposes of this Subsection 4.4Section 2.3(e), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Asset Purchase Agreement (WQN, Inc.), Common Stock Purchase Warrant (WQN, Inc.), Asset Purchase Agreement (Voip Inc)
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ subsection 3(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Extension Agreement, Igi Inc, Igi Inc
Determination of Consideration. For purposes of this Subsection 4.42.1(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Warrant Agreement (Soros George), Warrant Agreement (Auto Data Network), Warrant Agreement (Bioenvision Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 2(f), the consideration received by the Corporation for Company in connection with the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Lucas Energy, Inc.), Lucas Energy, Inc., Common Stock Purchase Warrant (Panda Ethanol, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Emmaus Life Sciences, Inc.), Emmaus Life Sciences, Inc., Emmaus Life Sciences, Inc.
Determination of Consideration. For purposes of this Subsection 4.4subsection 4(d), the consideration received by the Corporation for the issue (or deemed issue) of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Secured Promissory Note (Fluidigm Corp), Voting Agreement (Cerus Corp), Loan and Security Agreement (Fluidigm Corp)
Determination of Consideration. For purposes of this Subsection 4.4paragraph 5, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Wilsons the Leather Experts Inc), Warrant (Marathon Fund L P V), Warrant (Wilsons the Leather Experts Inc)
Determination of Consideration. For purposes of this Subsection 4.4-------------------------------- Section 7, the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Warrant Agreement (Pointe Communications Corp), Warrant Agreement (Telscape International Inc), Warrant Agreement (Pointe Communications Corp)
Determination of Consideration. For purposes of this Subsection 4.4subsection 3(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Determination of Consideration. For purposes of this Subsection 4.4Section ------------------------------ 2(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Registration Rights Agreement (Artesyn Technologies Inc), Registration Rights Agreement (Artesyn Technologies Inc), Registration Rights Agreement (Finestar International LTD)
Determination of Consideration. For purposes purpose of this Subsection 4.4Section 4(d), the consideration received by the Corporation for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 6, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Intelligentias, Inc., Intelligentias, Inc., Common Stock Purchase (Oncure Technolgies Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 2.1, ------------------------------ the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Finestar International LTD, Artesyn Technologies Inc, Artesyn Technologies Inc
Determination of Consideration. For purposes of this Subsection 4.4Section 4, the consideration received by the Corporation Company for the issue of any shares of Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: America Online Latin America Inc, America Online Latin America Inc, America Online Latin America Inc
Determination of Consideration. For purposes of this Subsection 4.4Section 6.4, the "Aggregate Consideration" shall mean the net consideration received by the Corporation for the issue of any all Additional Shares of Common Stock and shall be computed as follows:
Appears in 3 contracts
Samples: Amended Merger and Stock Exchange Agreement (YTB International, Inc.), Amended Merger and Stock Exchange Agreement (Rezconnect Technologies Inc), Merger and Stock Exchange Agreement (Rezconnect Technologies Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.5(f)(iv), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.), Convertible Debenture (American Virtual Cloud Technologies, Inc.), Convertible Debenture (American Virtual Cloud Technologies, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section A.5.d, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 7.4, the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Warrant Agreement (I Link Inc), Warrant Agreement (Medcross Inc), Series K Warrant Agreement (I Link Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 3.1, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Registration Rights Agreement (Tweeter Home Entertainment Group Inc), Registration Rights Agreement (Tweeter Home Entertainment Group Inc), Relationship Agreement (Iphysician Net Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.2, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Stockholders Agreement (General Devices Inc), Stock Purchase Agreement (General Devices Inc), Agreement and Plan of Merger (General Devices Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(c), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Voting Agreement (Entropic Communications Inc), Voting Agreement (Entropic Communications Inc), Voting Agreement (Entropic Communications Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(c)(i), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sequenom Inc), Securities Purchase Agreement (Siemens Aktiengesellschaft), Sequenom Inc
Determination of Consideration. For purposes of this Subsection 4.4paragraph 4(d)(v), the consideration received by the Corporation for the issue (or deemed issue) of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Business Financing Modification Agreement (Rimini Street, Inc.), Business Financing Modification Agreement (Rimini Street, Inc.), Business Financing Agreement (Rimini Street, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4, paragraph (c) the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock issued (or deemed to be issued) shall be computed as follows:
Appears in 3 contracts
Samples: Access Integrated Technologies Inc, Access Integrated Technologies Inc, Imedia International Inc
Determination of Consideration. For purposes of this Subsection 4.4Section 4.1, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (1st Net Technologies Inc), Technology License Agreement (1st Net Technologies Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 1, the consideration received by the Corporation COMPANY for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Exclusive Patent License Agreement (Sigilon Therapeutics, Inc.), Exclusive Patent License Agreement (Sigilon Therapeutics, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ Section 6(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc), Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock issued (or deemed to be issued) shall be computed as follows:
Appears in 2 contracts
Samples: El Capitan Precious Metals Inc, El Capitan Precious Metals Inc
Determination of Consideration. For purposes of this Subsection 4.4Section B.4.4., the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Consent Agreement (ExamWorks Group, Inc.), Consent Agreement (ExamWorks Group, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 2.4, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Letter Agreement (Emtec Inc/Nj), Emtec Inc/Nj
Determination of Consideration. For purposes of this Subsection 4.4Section 4(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Loan Modification Agreement (Imprivata Inc), Preferred Stock Purchase Agreement (Texoil Inc /Nv/)
Determination of Consideration. For purposes of this Subsection 4.4subsection 4(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lightspan Partnership Inc), Stock Purchase Agreement (Lightspan Partnership Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section IV.3(d)(iv), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Investors Agreement (Sunnova Energy International Inc.), Investors Agreement (Sunnova Energy International Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(h), the consideration received by the Corporation corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Orexigen Therapeutics, Inc.), Common Stock Purchase Agreement (Orexigen Therapeutics, Inc.)
Determination of Consideration. For purposes of this Subsection 4.42(e) of this Article FOURTH, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Registration Rights Agreement (Genocea Biosciences, Inc.), Registration Rights Agreement (Genocea Biosciences, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 4, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Power Medical Interventions, Inc., Power Medical Interventions, Inc.
Determination of Consideration. For purposes of this Subsection 4.4Subsection, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (iHookup Social, Inc.), Agreement and Plan of Merger and Reorganization (iHookup Social, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(h), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Amendment Agreement (Sesen Bio, Inc.), Warrant Amendment Agreement (Sesen Bio, Inc.)
Determination of Consideration. For purposes of this Subsection 4.45.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Registration Rights Agreement (Air Liquide Investissements d'Avenir Et De Demonstration), Securities Purchase Agreement (Plug Power Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 6(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Confidential Subscription Agreement (Life Medical Sciences Inc), Investor Rights Agreement (Life Medical Sciences Inc)
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ 2(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 6.4, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Provide Commerce Inc, Provide Commerce Inc
Determination of Consideration. For purposes of this Subsection 4.48(a), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (Aig Latin America Equity Partners LTD), Warrant Agreement (Brazil Fast Food Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 3.3(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Voting Agreement (Visterra, Inc.), Voting Agreement (Visterra, Inc.)
Determination of Consideration. For purposes of this ------------------------------ Subsection 4.42(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Determination of Consideration. For purposes of this Subsection 4.43.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: License Agreement (Abpro Corp), License Agreement (Abpro Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.5(f)(iv), the consideration received by the Corporation Issuer for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.), Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.)
Determination of Consideration. For purposes of this Subsection 4.42(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Loan and Security Agreement (AtriCure, Inc.), AtriCure, Inc.
Determination of Consideration. For purposes of this Subsection 4.4Section 2(e) of this Article FOURTH, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Registration Rights Agreement (Genocea Biosciences, Inc.), Registration Rights Agreement (Genocea Biosciences, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 3.5, the consideration received by the Corporation for Company in connection with the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Enterprise Informatics Inc, ERP2 Holdings, LLC
Determination of Consideration. For purposes of this Subsection 4.4Section 4.3, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 2(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Banyan Systems Inc, Surgicare Inc/De
Determination of Consideration. For purposes of this Subsection 4.4Section 5.1, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Subscription Agreement (VerifyMe, Inc.), Investment Agreement (VerifyMe, Inc.)
Determination of Consideration. For purposes of this ------------------------------ Subsection 4.42(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 6(d), the consideration received by the Corporation for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Vulcan Ventures Inc), Stock Purchase Agreement (High Speed Access Corp)
Determination of Consideration. For purposes of this Subsection 4.4, the The consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Corgenix Medical Corp/Co), Preferred Stock Purchase Agreement (Berger Holdings LTD)
Determination of Consideration. For purposes of this Subsection 4.4Section 6(b), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Purchase Agreement (MEDecision, Inc.), Warrant Purchase Agreement (Bentley Systems Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.d, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Assistance Agreement (Amyris, Inc.), Assistance Agreement (Amyris, Inc.)
Determination of Consideration. For purposes of this Subsection 4.45(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: License Agreement (Cerulean Pharma Inc.), Agreement and Plan of Merger (At&t Latin America Corp)
Determination of Consideration. For purposes of this Subsection 4.44.3, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Business Combination Agreement (Pioneer Merger Corp.)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(k)(1)(D), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.44(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:: Continuation Sheet 2I
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Art Technology Group Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 2.1, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Passport Brands, Inc
Determination of Consideration. For purposes of this Subsection 4.4Section 4(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Cephalon Inc
Determination of Consideration. For purposes of this Subsection 4.4section (a), the consideration received by the Corporation Company for the issue of any Additional Shares Share of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 6(d)(2), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Exchange Agreement (Hillman Co)
Determination of Consideration. For purposes of this Subsection 4.4Section 7(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Development Collaboration and License Agreement (GenMark Diagnostics, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(e), the consideration received by the Corporation for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (International Stem Cell CORP)
Determination of Consideration. For purposes of this Subsection 4.4Section 8, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Wilsons the Leather Experts Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 2(b), the ------------------------------ consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Switchboard Inc
Determination of Consideration. For purposes of this Subsection 4.4Section 5(c), the consideration received by the Corporation for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.44.5, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Class A Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Panacea Acquisition Corp)
Determination of Consideration. For purposes of this Subsection 4.4§ 3.1, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 3.4, the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Paragraph 5, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Accentia Biopharmaceuticals Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Mti Technology Corp)
Determination of Consideration. For purposes of this Subsection 4.45( d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
