Permitted Issuances means issuances of shares of Common Stock and upon exercise of the warrants and options and other convertible securities, in each case listed on Schedule 1.
Permitted Issuances means (i) the issuance of up to 4,243,037 shares of Common Stock issuable pursuant to options to purchase Common Stock under the Stock Option Plan, (ii) shares of Common Stock issued or issuable in connection with a Qualified Public Offering, (iii) shares of Common Stock issued in connection with the Subject Transactions or upon conversion of Convertible Preferred Stock, (iv) shares of Class I Series B Preferred Stock issued upon conversion of the Class II Series B Preferred Stock, (v) securities issued as consideration for any acquisition approved by a majority of the Board of Directors (including the affirmative vote of the Preferred Directors), (vi) the issuance of an aggregate of up to 100,000 additional shares of Common Stock (as adjusted for stock splits, combinations, stock dividends and the like) in transactions approved by a majority of the Board of Directors, (vii) the issuance of an aggregate of up to another 100,000 additional shares of Common Stock (as adjusted for stock splits, combinations, stock dividends and the like) in transactions approved by a majority of the Board of Directors (including the affirmative vote of the Preferred Directors), (viii) the Spinway Warrant, (ix) 210,000 shares of Common Stock upon exercise of the Spinway Warrant, (x) shares of Common Stock and/or Convertible Preferred Stock issued pursuant to the Tutopia Put Agreement, (xi) such other issuances as shall be approved in advance by the holders of at least a majority of the voting power of all then outstanding shares of Convertible Preferred Stock, voting as a single class, and (xii) a warrant for 500,000 shares dated February 19, 2002, issued to Lucent Technologies Inc. and Shares of Common Stock issued on exercise of such warrant.
Permitted Issuances means the acts described in Section 5B(iii) of the Charter.
Examples of Permitted Issuances in a sentence
I hereby declare that the coal quota which the coal Assessment committee may sanction to our unit will be binding on us.
The provisions of this Section 3.5.1.7 shall apply if (a) the Maker, at any time after the Issuance Date, shall issue any securities (other than Permitted Issuances) convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than this Note, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) shall be issued or sold.
The Company had, at the date or dates indicated in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the duly authorized, issued and outstanding capitalization as set forth therein, subject to change in the event of Permitted Issuances.
The Company shall not, and shall not permit any Domestic Subsidiary of the Company to, (i) declare or pay any dividends or make any distributions (other than Permitted Issuances) to any holder(s) of Common Stock (or any security convertible into or exercisable for Common Stock) or (ii) purchase or otherwise acquire for value, directly or indirectly, any Common Stock or other security of the Company.
More Definitions of Permitted Issuances
Permitted Issuances means issuances of shares of Common Stock upon exercise of the warrants and options listed on Schedule 1.
Permitted Issuances means the issuance and sale of the Preferred Stock expressly contemplated by the Original Purchase Agreement and the Series D Purchase Agreement.
Permitted Issuances means the (a) the issuance of stock options to employees of the Company or any Subsidiary of the Company pursuant to a stock option plan approved by the stockholders of the Company authorizing the issuance of not more than two million (2,000,000) shares of Common Stock, or (b) issuance of shares of Common Stock upon (i) conversion of Warrant Preferred Shares, or (ii) exercise of the stock options referred to in clause (a) of this definition.
Permitted Issuances means (i) the issuance of the Warrant Stock; (ii) issuances in connection with strategic license agreements so long as such issuances are not for the purpose of raising capital; (iii) when approved by the Company’s Board of Directors or by a committee of the Board of Directors the majority of whom are independent directors, the issuances and/or grant of stock options or warrants to purchase shares of Common Stock whether the grants of such options or warrants are made under the Company’s Employee Stock Option Plan or its 2006 Stock Award or any stock award and incentive plan, as they now exist, or hereafter adopted or otherwise so long as such issuances under this subsection (iii), which would cause the provisions of Section 4 hereof to be applied, in the aggregate do not exceed ten percent (10)% of the issued and outstanding shares of Common Stock as of the Original Issue Date, to the Company’s officers, directors, employees and consultants and to suppliers of goods and/or services to the Company; (vi) securities issued upon the exercise, conversion or exchange of any Common Stock Equivalents outstanding on the Original Issue Date at the conversion price set forth therein as of the Original Issue Date as adjusted by the anti-dilution provisions thereof in effect on the Original Issue Date; (vii) issuance of Series A Preferred Stock pursuant to the Purchase Agreement, or Common Stock issued upon conversion thereof; (viii) issuance of Series A-1 Convertible Preferred Stock at the conversion price set forth therein as of the Original Issue Date and Series A-2 Convertible Preferred Stock at the conversion price set forth therein as of the Original Issue Date, as adjusted by the anti-dilution provisions in effect on the Original Issue Date, or Common Stock issued upon the conversion of such Series A-1 Convertible Preferred Stock and Series A-2 Convertible Preferred Stock; (ix) any warrants issued to Xxxxxxx Xxxx Partners, a division of Pali Capital Inc., or any other person or entity for services in connection with the transactions contemplated by the Purchase Agreement at the conversion price set forth therein as of the Original Issue Date, as adjusted by the anti-dilution provisions in effect on the Original Issue Date, and the shares of Common Stock issued upon exercise thereof, (x) warrants issued to Xxx Xxxxxxxx and Xxxxxx Xxxx in connection with the agreements terminating their employment with the Company at the price set forth therein on the Issuance Da...
Permitted Issuances means the acts described in Section 5B(iii).
Permitted Issuances means: (i) Common Stock issued pursuant to a stock split or subdivision, (ii) Common Stock issuable or issued to employees, consultants or directors of the Company directly or pursuant to a stock plan or other compensation arrangement approved by the Board of Directors of the Company, (iii) capital stock, debt instruments convertible into capital stock or options or warrants to purchase capital stock, issued to financial institutions, investors or lessors in connection with commercial credit arrangements, equipment financings or similar transactions, provided that the terms of such transaction or transactions are approved by the Board of Directors of the Company, and (iv) capital stock, debt instruments convertible into capital stock or warrants or options to purchase capital stock issued in connection with bona fide acquisitions, mergers, technology licenses or purchases, corporate partnering agreements, joint ventures or similar transactions, the terms of which are approved by the Board of Directors of the Company.
Permitted Issuances means the issuance or reissuance of (a) any shares of Common Stock or rights, warrants or other securities convertible into shares of Common Stock (whether treasury shares or newly issued shares) (i) pursuant to a dividend or distribution on, or subdivision, combination or reclassification of, the outstanding shares of Common Stock requiring an adjustment in the Current Warrant Price pursuant to Section 4.3; (ii) pursuant to any restricted stock or stock option plan or program of the Company involving the grant of options or rights to acquire Common Stock to directors, officers and employees of the Company and its Subsidiaries pursuant to the Company's Employee Stock Purchase Plan so long as the granting of such options or rights has been approved by the full Board of Directors or a committee of the Board of Directors on which a director designated by the HCCP Group is a member; (iii) pursuant to any option, warrant, right, or convertible security outstanding as of the date hereof, or (b) the Series A Preferred Stock, the Warrants and any shares of Common Stock issuable upon conversion or exercise thereof.