Dilutive Issuance definition

Dilutive Issuance shall have the meaning set forth in Section 5(b).

Dilutive Issuance is any issuance of Common Stock or Common Stock Equivalents described in Section 2(b) above; provided, however, that a Dilutive Issuance shall not include any Exempt Issuance.

Dilutive Issuance shall have the meaning set forth in Section 3(b).

Examples of Dilutive Issuance in a sentence

• For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 5(b), upon the occurrence of any Dilutive Issuance, the Holder is entitled to receive a number of Conversion Shares based upon the Base Conversion Price on or after the date of such Dilutive Issuance, regardless of whether the Holder accurately refers to the Base Conversion Price in the Notice of Conversion.

• For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 3(b), upon the occurrence of any Dilutive Issuance, the Holder is entitled to receive a number of Warrant Shares based upon the Base Share Price regardless of whether the Holder accurately refers to the Base Share Price in the Notice of Exercise.

• For purposes of clarification, whether or not the Borrower provides a Dilutive Issuance Notice pursuant to this Section 5(b), upon the occurrence of any Dilutive Issuance, the Holder is entitled to receive a number of Conversion Shares based upon the Base Conversion Price on or after the date of such Dilutive Issuance, regardless of whether the Holder accurately refers to the Base Conversion Price in the Notice of Conversion.

• This is a consequence of (a) the policy of patient referral to rehabilitation (bias created by pre selection only of patients judged to have a potential for functional improvement; tendency to refer older victims of stroke to geriatric wards and not to specialized rehabilitation wards), and (b) the inclusion criteria set for this first assessment of the VISSTA, which aimed to reduce the number ofconfounding variables (only first-event patients, only right handed patients, only stable patients, etc.).

• The Investor shall be entitled to seek injunctive relief against the Company, and any Subsidiary (as applicable) to preclude any such Dilutive Issuance that does not constitute an Exempt Issuance, which remedy shall be in addition to any right to collect damages, without the necessity of showing economic loss and without any bond or other security being required.

More Definitions of Dilutive Issuance

Dilutive Issuance shall have the meaning set forth in Section 7(b).

Dilutive Issuance has the meaning contained in Section 3.3(a)(v).

Dilutive Issuance shall have the meaning assigned to such term in Section 6.6(ii).

Dilutive Issuance means an issuance of Purchase Rights, or Common Stock which is not Excluded Stock, without consideration or for a consideration per share less than the applicable Conversion Price. “Dilutive Issuance” excludes any stock dividend, subdivision or split-up, stock combination, dividend or Transaction described in Sections 4(e)(iv) through (vii) below.

Dilutive Issuance shall have the meaning ascribed to such term in Section 4.16(b).

Dilutive Issuance has the meaning set forth in Section 2(a).

Dilutive Issuance shall have the meaning set forth in Section 5(b) hereof.