Common use of Outstanding Shares Clause in Contracts

Outstanding Shares. The number of shares of Common Stock at any time outstanding shall include all shares of Common Stock outstanding at such time and any shares of Common Stock issuable upon conversion of or in exchange for any convertible or exchangeable security or upon the exercise of any option. The number of shares of Common Stock at any time outstanding shall not include any shares of Common Stock then owned or held by or for the account of the Company or any Subsidiary, and the disposition of any shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 9 contracts

Samples: Warrant Agreement (Kapoor John N), Warrant Agreement (Akorn Inc), Warrant Agreement (Kapoor John N)

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Outstanding Shares. The number of shares of Common Stock at any one time outstanding shall include all the aggregate number of shares of Common Stock outstanding at such time and any shares of Common Stock issued or issuable (subject to readjustment upon conversion of or in exchange for any convertible or exchangeable security or the actual issuance thereof) upon the exercise of any option. The number of and all outstanding options, rights, warrants to purchase shares of Common Stock at any time outstanding shall not include any shares of Common Stock then owned and upon the conversion or held by or for the account of the Company or any Subsidiary, and the disposition exchange of any and all outstanding securities convertible or exchangeable into shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 3 contracts

Samples: H Quotient Inc, Augment Systems Inc, Augment Systems Inc

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Outstanding Shares. The number of shares of Common Stock at any time outstanding shall include all shares of Common Stock outstanding at such time and any shares of Common Stock issuable upon conversion of or in exchange for any convertible or exchangeable security or upon the exercise of any option. The number of shares of Common Stock at any time outstanding shall not include any shares of Common Stock then owned or held by or for the account of the Company Corporation or any Subsidiary, and the disposition of any shares so owned or held shall be considered an issue or sale of Common Stock.

Appears in 1 contract

Samples: Subscription Agreement (Akorn Inc)

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