Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 257 contracts
Samples: Warrant Agreement (Naturewell Inc), Agreement (New Media Lottery Services Inc), Stock and Warrant Purchase Agreement (Onyx Pharmaceuticals Inc)
Treasury Shares. The number of shares of Common Stock --------------- outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 36 contracts
Samples: Securities Purchase Agreement (Fonix Corp), Securities Purchase Agreement (Fonix Corp), Securities Purchase Agreement (One Voice Technologies Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common Stock.
Appears in 32 contracts
Samples: Securities Purchase Agreement (Us Nuclear Corp.), Warrant (CLS Holdings USA, Inc.), Kona Gold Solutions, Inc.
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 24 contracts
Samples: Registration Rights Agreement (Kv Pharmaceutical Co /De/), Registration Rights Agreement (Kv Pharmaceutical Co /De/), Registration Rights Agreement (Kv Pharmaceutical Co /De/)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockStock by the Company.
Appears in 23 contracts
Samples: Subscription Agreement (374Water Inc.), Subscription Agreement (Trunity Holdings, Inc.), Preferred Stock Purchase Agreement (Health Systems Solutions Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this subsection (f).
Appears in 20 contracts
Samples: Warrant Exercise Agreement (Iteris, Inc.), Value Per Share (Alliance Pharmaceutical Corp), Odetics Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares of the Company owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 15 contracts
Samples: Common Stock Purchase Warrant (Bitech Technologies Corp), Iveda Solutions, Inc., Common Stock Purchase (IsoRay, Inc.)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this subsection (e).
Appears in 14 contracts
Samples: Common Stock Purchase Warrant (Foundation Healthcare, Inc.), Common Stock Purchase Warrant (Clean Diesel Technologies Inc), Common Stock Purchase Warrant (Plug Power Inc)
Treasury Shares. The number of shares of Common Stock ---------------- outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 14 contracts
Samples: Common Stock Purchase (Dermisonics, Inc), Common Stock Purchase (Dermisonics, Inc), Common Stock Purchase (Dermisonics, Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held directly by or for the account of the CompanyCompany in treasury, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.2.
Appears in 13 contracts
Samples: Reimbursement Agreement (Industrial Holdings Inc), Reimbursement Agreement (Industrial Holdings Inc), Intelect Communications Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common StockStock for the purpose of this Section 7.
Appears in 10 contracts
Samples: Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (Grubb & Ellis Co)
Treasury Shares. The number of shares of Common Stock outstanding at --------------- any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 9 contracts
Samples: Common Stock for Warrant Exchange Agreement (Network Installation Corp), Warrant Agreement (Securac Corp), Warrant Agreement (Simplagene Usa Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 8(g).
Appears in 8 contracts
Samples: Series a Warrant Agreement, Warrant Agreement (Solar3d, Inc.), Series B Warrant Agreement (Gevo, Inc.)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this paragraph (e).
Appears in 8 contracts
Samples: Common Stock Purchase Warrant (Conkwest, Inc.), Common Stock Purchase Warrant (BioAmber Inc.), Common Stock Purchase Warrant (BioAmber Inc.)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 3(g).
Appears in 7 contracts
Samples: Incara Pharmaceuticals Corp, Insite Vision Inc, Insite Vision Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company, Company or any subsidiary of the Company and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 7 contracts
Samples: Credit and Security Agreement (Franks Nursery & Crafts Inc), Exercise Agreement (Gardenburger Inc), Securities Purchase Agreement (Covol Technologies Inc)
Treasury Shares. The number of shares of Common Stock outstanding Outstanding at any given time shall not include shares owned or held directly by or for the account of the CompanyCompany in treasury, and the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.2.
Appears in 6 contracts
Samples: Coastal Corp, Intelect Communications Inc, Intelect Communications Systems LTD
Treasury Shares. The number of shares of Common Stock outstanding Outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common Stocksuch shares.
Appears in 6 contracts
Samples: Series C Warrant Agreement (Xstream Systems Inc), Series B Warrant Agreement (Xstream Systems Inc), Series D Warrant Agreement (Xstream Systems Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time outstanding shall not include any shares thereof then directly or indirectly owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Common Stock Purchase (Oncure Technolgies Corp), Agreement and Plan of Merger (Auto Data Network), Exercise Agreement (Auxilio Inc)
Treasury Shares. The number of shares of Common Stock outstanding Deemed Outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common Stock.
Appears in 6 contracts
Samples: U S Wireless Data Inc, U S Wireless Data Inc, U S Wireless Data Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among the Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common StockStock for the purpose of this Section 4.
Appears in 6 contracts
Samples: Exercise Agreement (Icagen, Inc.), Avadim Health, Inc., Avadim Health, Inc.
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company, Company or any direct or indirect subsidiary of the Company and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Exercise Agreement (Chadmoore Wireless Group Inc), Investment Agreement (Recovery Equity Investors Ii Lp), Exercise Agreement (Moore Robert W/Nv)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purpose of this Section 9.
Appears in 6 contracts
Samples: Note and Warrant Purchase Agreement (iSign Solutions Inc.), Credit Agreement (Communication Intelligence Corp), Note and Warrant Purchase Agreement (Communication Intelligence Corp)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company or any Subsidiary of the Company, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Wabash National Corp /De), Warrant Agreement (Ladish Co Inc), Employment Agreement (Gabriel Communications Inc /De/)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any of its Subsidiaries, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: United Shipping & Technology Inc, United Shipping & Technology Inc, United Shipping & Technology Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale issuance of Common Stock.
Appears in 5 contracts
Samples: Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Carrizo Oil & Gas Inc), Warrant Agreement (Carrizo Oil & Gas Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares of Common Stock owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: Master Warrant Agreement (Seven Seas Petroleum Inc), Note Purchase Agreement (Seven Seas Petroleum Inc), Master Warrant Agreement (Seven Seas Petroleum Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and but the disposition of any such shares to a third party shall be considered an issue or sale of Common StockStock for the purposes of this Section 6.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust), Securities Purchase Agreement (Kevco Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares of Common Stock owned or held by or for the account of the CompanyIssuer or any Subsidiary, and the disposition of any such shares of Common Stock so owned or held shall be considered an issue or sale issuance of shares of Common Stock.
Appears in 5 contracts
Samples: Warrant Agreement (NextWave Wireless Inc.), Warrant Agreement (NextWave Wireless Inc.), Warrant Agreement (Avenue Capital Management II, L.P.)
Treasury Shares. The number of shares of Common Stock outstanding at any given time outstanding shall not include any shares thereof then directly or indirectly owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockCorporation.
Appears in 5 contracts
Samples: Securities Purchase Agreement (BMP Mobility Ag Venture Capital), Securities Purchase Agreement (BMP Mobility Ag Venture Capital), Stock Purchase Agreement (Park N View Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among the Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common StockStock for the purpose of this Section 3.
Appears in 4 contracts
Samples: Agile Therapeutics Inc, Agile Therapeutics Inc, Agile Therapeutics Inc
Treasury Shares. The number of shares of Common --------------- Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Boston Life Sciences Inc /De, Level 8 Systems Inc, Boston Life Sciences Inc /De
Treasury Shares. The number of shares of Common Stock --------------- outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Purchase Agreement (Centennial Communications Corp), Purchase Agreement (Centennial Communications Corp), Warrant Agreement (Novastar Financial Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time outstanding shall not include any shares thereof then directly or indirectly owned or held by or for the account of the Company, and the disposition Company or any of any such shares shall be considered an issue or sale of Common Stockits Subsidiaries.
Appears in 4 contracts
Samples: Note and Warrant Purchase (Intellicall Inc), Note and Warrant Purchase (Intellicall Inc), Bitwise Designs Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 11.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Matritech Inc/De/), Common Stock Purchase Warrant (Matritech Inc/De/), Common Stock Purchase (Matritech Inc/De/)
Treasury Shares. The number of shares of Common Stock Shares outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockShares.
Appears in 4 contracts
Samples: Prime Group Realty Trust, Prime Group Realty Trust, Prime Group Realty Trust
Treasury Shares. The For purposes of this Section 5, the number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockStock by the Company.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Superior Galleries Inc), Escrow Agreement (Dgse Companies Inc), Dgse Companies Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this Section 3.
Appears in 4 contracts
Samples: Credit Agreement (Integrated Healthcare Holdings Inc), Integrated Healthcare Holdings Inc, Casella Waste Systems Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this Section 3.
Appears in 4 contracts
Samples: Agreement (Med E America Corp), Agreement (Med E America Corp), Agreement (Med E America Corp)
Treasury Shares. The number of shares of Common Stock ---------------- outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Security Agreement (Pointe Communications Corp), Purchase Agreement (Pointe Communications Corp), Pointe Communications Corporation Note and Warrant Purchase Agreement (Pointe Communications Corp)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this Section 7.
Appears in 3 contracts
Samples: Series a Warrant Agreement (Tokheim Corp), Metal Management Inc, Metal Management Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this subsection (g).
Appears in 3 contracts
Samples: Artisoft Inc, Javelin Pharmaceuticals, Inc, Artisoft Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 3(b).
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Prides Capital Partners, LLC), Common Stock Purchase Warrant (As Seen on TV, Inc.), As Seen on TV, Inc.
Treasury Shares. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockShares for the purpose of this Section 2.2.
Appears in 3 contracts
Samples: Ontrak, Inc., Catasys, Inc., CAPSTONE TURBINE Corp
Treasury Shares. The number of shares of the Common Stock outstanding at any given time shall not include treasury shares or shares owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and the disposition of any such shares shall be considered an issue or sale of the Common StockStock for the purposes of this Section 4.
Appears in 3 contracts
Samples: Earn Up Agreement (Queen Sand Resources Inc), Earn Up Agreement (Queen Sand Resources Inc), Earn Up Agreement (Queen Sand Resources Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purpose of this subsection (f).
Appears in 3 contracts
Samples: Purchase Agreement (Visionics Corp), Identix Inc, Visionics Corp
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.Stock for the purpose of this subparagraph 6D.
Appears in 3 contracts
Samples: Series a Stock Purchase Agreement (Neon Systems Inc), Registration Rights Agreement (Ets International Inc), New Era of Networks Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its Subsidiaries (as defined in the Purchase Agreement pursuant to which this Warrant was issued), and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this subsection (e).
Appears in 3 contracts
Samples: Antares Pharma Inc, Antares Pharma Inc, Antares Pharma Inc
Treasury Shares. The number of shares of Common Stock stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Geron Corporation, Geron Corporation, Geron Corporation
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any of its Subsidiaries (as defined in the Purchase Agreement pursuant to which this Warrant was issued), and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this subsection (e).
Appears in 3 contracts
Samples: Purchase Agreement (Aerogen Inc), Purchase Agreement (Biotechnology Value Fund L P), Glycogenesys Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this subsection (d).
Appears in 3 contracts
Samples: Placement Agents Warrant Agreement (Javelin Pharmaceuticals, Inc), Northwest Biotherapeutics Inc, Northwest Biotherapeutics Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common Stock.
Appears in 3 contracts
Samples: Ceco Environmental Corp, Ceco Environmental Corp, Ceco Environmental Corp
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this Section 8.
Appears in 3 contracts
Samples: Series C Warrant Agreement (Tokheim Corp), Series B Warrant Agreement (Tokheim Corp), Warrant Agreement (Metal Management Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 11.
Appears in 3 contracts
Samples: Common Stock Purchase (Matritech Inc/De/), Common Stock Purchase Warrant (Matritech Inc/De/), Matritech Inc/De/
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares shall so owned or held will be considered an issue issuance or sale of Common Stock.
Appears in 3 contracts
Samples: Agreement (Chaparral Resources Inc), Chaparral Resources Inc, Chaparral Resources Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation; provided, and that the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section A.7.
Appears in 3 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Stock Purchase Agreement (Eagle Test Systems, Inc.)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.Stock for the purpose of this paragraph 5D.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement, Registration Rights Agreement (Seachange International Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among the Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common StockStock for the purpose of this Section 12(c).
Appears in 2 contracts
Samples: Note and Put Agreement (United Cannabis Corp), Note and Put Agreement (United Cannabis Corp)
Treasury Shares. The number of shares of Common Stock --------------- outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition subsequent issuance of any such shares shall be considered an issue or sale of Common Stock.Stock for the purposes of paragraph 3D.
Appears in 2 contracts
Samples: Subscription Agreement (Corinthian Colleges Inc), Corinthian Colleges Inc
Treasury Shares. The number of shares of Common --------------- Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Subscription Agreement (Salix Pharmaceuticals LTD), Aquatic Cellulose International Corp
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares or other Equity Security of the Company so owned or held shall be considered an issue or sale of Common Stocksuch shares or Equity Security.
Appears in 2 contracts
Samples: Exercise Agreement (Navtech Inc), Exercise Agreement (Navtech Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this Section 5.
Appears in 2 contracts
Samples: Hauser Inc, Zatpack Inc
Treasury Shares. The number of shares of Common Stock the Company’s common stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stockthe Company’s common stock.
Appears in 2 contracts
Samples: Exercise Agreement (Sterling Construction Co Inc), Exercise Agreement (Siga Technologies Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 4.2.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (CDC Iv LLC), Biodelivery Sciences International Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock directly or indirectly owned or held by or for the account of the CompanyCompany or any of its subsidiaries, and the disposition of any such shares of Common Stock shall be considered an issue or sale of shares of Common StockStock for the purposes of this Section(ii).
Appears in 2 contracts
Samples: Shared Technologies Cellular Inc, Shared Technologies Cellular Inc
Treasury Shares. The number of shares of Common Stock ---------------- outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall so owned or held will be considered an issue issuance or sale of Common Stock.
Appears in 2 contracts
Treasury Shares. The number of shares of Common Stock --------------- outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any Subsidiary, and the disposition of any such shares so owned or held to any person other than the Corporation or any Subsidiary shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Employment Agreement (Wiser Oil Co), Stock Purchase Agreement (Wiser Oil Co)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue issuance or sale of Common StockStock for the purpose of this subsection (f).
Appears in 2 contracts
Samples: Registration Rights Agreement (Zila Inc), Security Agreement (Zila Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among the Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common StockStock for the purpose of this Section 17.
Appears in 2 contracts
Samples: HyreCar Inc., HyreCar Inc.
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company; provided, and that the disposition of any such shares shall be considered an issue issuance or sale of Common StockStock for the purpose of this Section 3.4.
Appears in 2 contracts
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the Company or any subsidiary of the Company, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Interdent Inc, Interdent Inc
Treasury Shares. The number of shares of Common Stock Securities outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyMaker or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common StockSecurities.
Appears in 2 contracts
Samples: Loud Technologies Inc, Loud Technologies Inc
Treasury Shares. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares for the purposes of Section 2(a).
Appears in 2 contracts
Samples: Exchange Agreement (Ramsay Health Care Inc), Management Agreement (Ramsay Health Care Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among the Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common StockStock for the purpose of this Section 4.3.
Appears in 2 contracts
Samples: Fee Warrant Agreement (Exco Resources Inc), Commitment Fee Warrant Agreement (Exco Resources Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this Paragraph 6(d).
Appears in 2 contracts
Samples: Registration Rights Agreement (Anderson Jack R), Registration Rights Agreement (Safeguard Health Enterprises Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 9(h).
Appears in 2 contracts
Samples: Warrant Agreement (BIND Therapeutics, Inc), Warrant Agreement (BIND Therapeutics, Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this paragraph (f).
Appears in 2 contracts
Samples: Pineapple Holdings, Inc., Communications Systems Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock owned or held by or for the account of the Company, and the . The disposition of any such shares of Common Stock owned or held by or for the account of the Company shall be considered an issue or sale of Common StockStock for the purposes of this Section 10.
Appears in 2 contracts
Samples: Execution Copy (Impleo LLC), Warrant Agreement (Bcam International Inc)
Treasury Shares. The number of shares of Common Stock and Class A Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common Stock.Stock or Class A Common Stock for the purposes of this subparagraph 4D.
Appears in 2 contracts
Samples: Registration Rights Agreement (United Surgical Partners International Inc), Stockholders Agreement (United Surgical Partners International Inc)
Treasury Shares. The number of shares of Common Stock Shares outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockShares for the purposes of this paragraph 4(C).
Appears in 2 contracts
Samples: Subscription Agreement (Leucadia National Corp), Subscription Agreement (Leucadia National Corp)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purpose of this Article II(B).6(d).
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Brainworks Ventures Inc), Agreement and Plan of Merger and Reorganization (Brainworks Ventures Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 2 contracts
Samples: Warrant Acquisition Agreement (Integrated Health Services Inc), Registration Rights Agreement (Community Care of America Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.Stock for the purpose of this Section 12A.
Appears in 1 contract
Samples: Coley Pharmaceutical Group, Inc.
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among the Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common Stock.Stock for the purpose of Section 2(b)(i)(B) above and this Exhibit C.
Appears in 1 contract
Samples: EVmo, Inc.
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall will not include shares owned or held by or for the account of the Company, and the Company or any of its wholly owned subsidiaries (“Treasury Shares”). The disposition of any Treasury Shares (other than the cancellation or retirement thereof or the transfer of such shares shall among the Company and its wholly owned subsidiaries) will be considered an issue or sale of Common StockStock for the purpose of this Section 4.
Appears in 1 contract
Samples: Joinder Agreement (Avantor, Inc.)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyIssuer, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Geron Corporation
Treasury Shares. The number of shares of Common Stock outstanding --------------- at any given time shall not include shares owned or held by or for the account of the Company, and the disposition subsequent issuance of any such shares shall be considered an issue or sale of Common Stock.Stock for the purposes of paragraph 3D.
Appears in 1 contract
Treasury Shares. The number of shares of Common Stock --------------- outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this Section 6.
Appears in 1 contract
Samples: Preferred Credit Corp
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyMaker or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof) shall be considered an issue or sale of Common StockStock for the purpose of this Section 6(e).
Appears in 1 contract
Samples: Incara Pharmaceuticals Corp
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares so owned or held shall be considered an issue issuance or sale of Common Stocksuch shares.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any subsidiary thereof, and the disposition of any such shares shall be considered an issue or sale of Common StockStock for the purposes of this subsection 3(a).
Appears in 1 contract
Samples: Chapeau Inc
Treasury Shares. The number of shares of Common Stock Shares outstanding at any given time shall does not include shares owned or held by or for the account of the CompanyStemtech, and the disposition of any such shares shall so owned or held will be considered an issue or sale of Common StockShares.
Appears in 1 contract
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation, if any, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Kun Run Biotechnology, Inc.)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any subsidiary thereof, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Williams Controls Inc)
Treasury Shares. The number of shares Shares of Common Stock outstanding at any given time shall not include shares Shares owned or held by or for the account of the Company, and the disposition of any such shares Shares shall be considered an issue or sale of Common StockShares.
Appears in 1 contract
Samples: Green PolkaDot Box Inc
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall does not include shares of Common Stock owned or held by or for the account of the CompanyCompany or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of shares of Common Stock.
Appears in 1 contract
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCorporation or any Subsidiary, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Agreement of Merger (Adams Respiratory Therapeutics, Inc.)
Treasury Shares. The For purposes of calculating under this paragraph 5F the number of shares of Common Stock outstanding at any given time, the number of shares of Common Stock outstanding at such time shall does not include shares owned or held by or for the account of the CompanyCorporation or any subsidiary thereof, and the disposition of any such shares so owned or held shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Registration Rights Agreement (Orion Network Systems Inc/De/)
Treasury Shares. The number of shares of Common Stock outstanding at any given time shall not include shares owned or held by or for the account of the CompanyCompany or any of its wholly-owned subsidiaries, and the disposition of any such shares (other than the cancellation or retirement thereof or the transfer of such shares among the Company and its wholly-owned subsidiaries) shall be considered an issue or sale of Common Stock.Stock for the purpose of this Article V.
Appears in 1 contract
Treasury Shares. The number of shares of Common Stock of --------------- the Company outstanding at any given time shall not include shares owned or held by or for the account of the Company, and the disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Organogenesis Inc
