Determination of Consideration. For the purposes of this Section 3, the consideration received or receivable by the Company for the issuance, sale or grant of shares of Common Stock, options, warrants, rights or convertible securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 19 contracts
Samples: Seller Warrant Agreement (Alion Science & Technology Corp), Warrant Agreement (Alion Science & Technology Corp), Alion Mezzanine Warrant Agreement (Alion Science & Technology Corp)
Determination of Consideration. For the purposes of this Section 3Sections 4.2, 4.3 and 4.4 hereof, the consideration received or and/or receivable by the Company for in connection with the issuance, sale sale, grant or grant exercise of additional shares of Common Stock, options, warrants, rights Stock Purchase Rights or convertible securitiesConvertible Securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 10 contracts
Samples: Norand Corp /De/, North Atlantic Trading Co Inc, Norand Corp /De/
Determination of Consideration. For the purposes of this Section 3ARTICLE IV, the consideration received or receivable by the Company for the issuance, sale sale, grant or grant assumption of additional shares of Common Stock, options, warrants, rights Stock Purchase Rights or convertible securitiesConvertible Securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 4 contracts
Samples: Sentry Technology Corp, Pw Eagle Inc, Warrant Agreement (Monitronics International Inc)
Determination of Consideration. For the purposes of this Section 34.3 hereof, as applicable, the consideration received or and/or receivable by the Company for in connection with the issuance, sale sale, grant or grant exercise of additional shares of Common Stock, options, warrants, rights or convertible securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 3 contracts
Samples: Exhibit 2 (Scott Walter Jr), Stock Purchase Agreement (Scott Walter Jr), Stock Purchase Agreement (RCN Corp /De/)
Determination of Consideration. For the purposes of this Section 3Sections 6.1, 6.3 and 6.5 hereof, the consideration received or and/or receivable by the Company for in connection with the issuance, sale sale, grant or grant exercise of additional shares of Common Stock, options, warrants, rights Stock Purchase Rights or convertible securitiesConvertible Securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 2 contracts
Samples: Warrant Agreement (Mai Systems Corp), Warrant Agreement (Mai Systems Corp)
Determination of Consideration. For the purposes of this Section 3, the consideration received or receivable by the Company for the issuance, sale sale, grant or grant assumption of shares of Common Stock, options, warrants, rights Stock Purchase Rights or convertible securitiesConvertible Securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Spyglass Inc)
Determination of Consideration. For purposes of the purposes applicable subsections of this Section 34.2, the consideration received or receivable by the Company for the issuance, sale or grant of shares distribution of Common Stock, optionsPurchase Rights or Convertible Securities, warrants, rights or convertible securitiesin respect of a contribution to capital, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 1 contract
Determination of Consideration. For the purposes of this Section 3section 4, the consideration received or receivable by the Holding Company for the issuance, sale or grant of shares of Holding Company Common Stock, options, warrants, rights Purchase Rights or convertible securitiesConvertible Securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 1 contract
Samples: Lund International Holdings Inc
Determination of Consideration. For the purposes of this Section 3section 13, the consideration received or receivable by the Company for the issuance, sale sale, grant or grant assumption of shares of Common Stock, options, warrants, rights Stock or convertible securitiesStock Purchase Rights, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 1 contract
Determination of Consideration. For the purposes of this Section 34, the consideration received or receivable by the Company for the issuance, sale sale, grant or grant assumption of shares of Common Stock, options, warrants, rights Stock or convertible securitiesConvertible Securities, irrespective of the accounting treatment of such consideration, shall be valued and determined as follows:
Appears in 1 contract
