Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 118 contracts
Samples: Investors’ Rights Agreement (Roblox Corp), Investors’ Rights Agreement (Roblox Corp), Investors’ Rights Agreement (Roblox Corp)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 81 contracts
Samples: Collaborative Development and License Agreement (Enanta Pharmaceuticals Inc), Investors’ Rights Agreement, Collaborative Development & License Agreement
Aggregation of Stock. All shares of the Preferred Capital Stock held or acquired by affiliated Affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Appears in 67 contracts
Samples: Right of First Refusal and Co Sale Agreement (Pacaso Inc.), Right of First Refusal and Co Sale Agreement (Tesseract Collective, Inc.), Right of First Refusal and Co Sale Agreement (Rogue Baron PLC)
Aggregation of Stock. All shares of the Preferred Stock securities held or acquired by affiliated entities (including affiliated venture capital funds) or persons shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 57 contracts
Samples: Registration Rights Agreement (Domo, Inc.), Stockholders’ Rights Agreement (800 Degrees Go, Inc.), Investor Rights Agreement (Paragon 28, Inc.)
Aggregation of Stock. All shares of the Preferred Registrable Common Stock held by or acquired by affiliated entities or persons shall any Affiliated Persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 32 contracts
Samples: Registration Rights Agreement (Amalgamated Financial Corp.), Registration Rights Agreement (Green Bancorp, Inc.), Registration Rights Agreement (Green Bancorp, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or -------------------- acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 29 contracts
Samples: Technology Development and License Agreement (Intertrust Technologies Corp), Series a Preferred Stock Purchase Agreement (Corsair Communications Inc), Investors' Rights Agreement (Loudeye Technologies Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 28 contracts
Samples: Stockholders Agreement (Fortegra Group, Inc), Investors’ Rights Agreement (Basis Global Technologies, Inc.), Investors’ Rights Agreement (Basis Global Technologies, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 26 contracts
Samples: Investors’ Rights Agreement (NeuroPace Inc), Investors’ Rights Agreement (NeuroPace Inc), Investor's Rights Agreement
Aggregation of Stock. All shares of the Preferred Common Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 20 contracts
Samples: Investors’ Rights Agreement (Prolong International Corp), Investors’ Rights Agreement (St Cloud Capital Partners Lp), Stock Purchase Agreement (Entech Solar, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated -------------------- entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 16 contracts
Samples: Investors' Rights Agreement (Asymetrix Learning Systems Inc), Registration Rights Agreement (Precision Auto Care Inc), Series a Preferred Stock Purchase Agreement (Asymetrix Learning Systems Inc)
Aggregation of Stock. All shares of the Preferred Stock and Common Stock of the Company held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 14 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (TELA Bio, Inc.), Investor Rights Agreement (TELA Bio, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 12 contracts
Samples: Piggyback Registration Rights Agreement (Driveitaway Holdings, Inc.), Piggyback Registration Rights Agreement (Driveitaway Holdings, Inc.), Piggyback Registration Rights Agreement (KOLABORATION VENTURES Corp)
Aggregation of Stock. All shares of the Series A Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 12 contracts
Samples: Series a Preferred Stock Purchase Agreement (Avalon Ventures IX GP, LLC), Stock Purchase Agreement (Clearlake Capital Partners, LLC), Stock Purchase Agreement (Clearlake Capital Partners, LLC)
Aggregation of Stock. All shares of the Preferred Stock Company stock held or acquired by affiliated entities or persons Persons (including former and current partners, former and current members and former and current stockholders) shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 11 contracts
Samples: Registration Rights Agreement (Anacor Pharmaceuticals Inc), Registration Rights Agreement (Anacor Pharmaceuticals Inc), Registration Rights Agreement (Anacor Pharmaceuticals Inc)
Aggregation of Stock. All shares of the Preferred Common Stock and all Warrants held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 10 contracts
Samples: Purchase Agreement (Ibm Credit Corp), Common Stock and Warrant Purchase Agreement (Ibm Credit Corp), Common Stock and Warrant Purchase Agreement (Fibernet Telecom Group Inc\)
Aggregation of Stock. All shares of the Preferred Stock held Stockholder Shares owned or acquired by affiliated entities any Stockholder or persons its Affiliated Persons shall be aggregated together for the purpose of determining the availability of any rights right under this Agreement.
Appears in 9 contracts
Samples: Loan Agreement (BioFuel Energy Corp.), Backstop Rights Offering Agreement (BioFuel Energy Corp.), Voting Agreement (Greenlight Capital LLC)
Aggregation of Stock. All shares of the Preferred Common Stock held owned or acquired by affiliated the Purchaser or its Affiliated entities or persons (assuming full conversion, exchange and exercise of all convertible, exchangeable and exercisable securities into Common Stock) shall be aggregated together for the purpose of determining the availability of any rights right under this Agreement.
Appears in 9 contracts
Samples: Purchaser’s Rights and Voting Agreement (Middlefield Banc Corp), Securities Purchase Agreement (Immediatek Inc), Securities Purchase Agreement (Refocus Group Inc)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons an Investor and/or its Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement, and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Appears in 7 contracts
Samples: Voting Agreement (Lowell Farms Inc.), Voting Agreement, Voting Agreement (AMERICAN POWER GROUP Corp)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated counted together for the purpose of determining the availability of any rights under this Agreement.
Appears in 7 contracts
Samples: Registration Rights Agreement (Applied Minerals, Inc.), Registration Rights Agreement (Applied Minerals, Inc.), Registration Rights Agreement (Applied Minerals, Inc.)
Aggregation of Stock. All shares of the Preferred Common Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Norpac Technologies, Inc.), Investors’ Rights Agreement (Southwest Water Co), Investment Agreement (Viador Inc)
Aggregation of Stock. All shares of the Preferred Stock and Common Stock of the Corporation held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 7 contracts
Samples: Stockholders’ Agreement (Exagen Inc.), Investors’ Rights Agreement (Exagen Inc.), Investors’ Rights Agreement (Exagen Diagnostics Inc)
Aggregation of Stock. All shares of the Registrable Securities, Preferred Stock or Common Stock held or acquired by affiliated entities Purchasers or persons Holders shall be aggregated together with the Registrable Securities, Preferred Stock or Common Stock held or acquired by any entity with which such Purchaser or Holder is affiliated for the purpose of determining the availability of any rights under this Agreement.
Appears in 7 contracts
Samples: Series C Convertible Preferred Stock and Warrant Purchase Agreement, Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.), Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.)
Aggregation of Stock. All shares of the Preferred Stock Eligible Securities held or acquired by affiliated Affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 6 contracts
Samples: Investor Rights Agreement (Fluidigm Corp), Investor Rights Agreement (Fluidigm Corp), Series E Preferred Stock Purchase Agreement (Fluidigm Corp)
Aggregation of Stock. All shares of the Preferred Common Stock held or acquired by affiliated entities or persons shall will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Silicon Valley Research Inc), Unit Purchase Agreement (Silicon Valley Research Inc), Unit Purchase Agreement (Silicon Valley Research Inc)
Aggregation of Stock. All shares of the Common Stock and Preferred Stock held or acquired by affiliated entities or persons or entities under common investment management or control shall be aggregated together for the purpose of determining the availability of any rights or obligations under this Agreement.
Appears in 6 contracts
Samples: Investors’ Rights Agreement (Raindance Technologies Inc), Investors’ Rights Agreement (T2 Biosystems, Inc.), Investors’ Rights Agreement (T2 Biosystems, Inc.)
Aggregation of Stock. All shares of the Series D Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 6 contracts
Samples: Research Collaboration and License Agreement (Vitae Pharmaceuticals, Inc), Research Collaboration and License Agreement (Vitae Pharmaceuticals, Inc), Research Collaboration and License Agreement (Vitae Pharmaceuticals, Inc)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons any Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 5 contracts
Samples: Registration Rights Agreement (iClick Interactive Asia Group LTD), Registration Rights Agreement (iClick Interactive Asia Group LTD), Shareholders Agreement (Fangdd Network Group Ltd.)
Aggregation of Stock. All shares of the Preferred Stock Company held or acquired by affiliated entities or persons Persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 5 contracts
Samples: Members Agreement, Shareholders Agreement (Navios Maritime Holdings Inc.), Shareholders Agreement (Navios South American Logistics Inc.)
Aggregation of Stock. All For purposes of this Agreement, all shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 5 contracts
Samples: Series a Preferred Stock Purchase Agreement (zSpace, Inc.), Voting and Rights Agreement (zSpace, Inc.), Investors’ Rights Agreement (Carbonite Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of When determining the availability of any rights under this Agreement, the Company shall aggregate all shares of securities held or acquired by affiliated entities, and shall deem all such securities to be held by a single Person.
Appears in 5 contracts
Samples: Investors’ Rights Agreement (Innovative Micro Technology Inc), Investors’ Rights Agreement (Miramar Venture Partners, LP), Investors' Rights Agreement (Investor Ab)
Aggregation of Stock. All shares of the Preferred Common Stock held or acquired by -------------------- affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 5 contracts
Samples: Common Stock and Warrant Purchase Agreement (Information Analysis Inc), Stock Purchase Agreement (Entech Solar, Inc.), Stock Purchase Agreement (Entech Solar, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held -------------------- or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 5 contracts
Samples: Investors' Rights Agreement (Xpeed Networks Inc), Investors' Rights Agreement (Stamps Com Inc), Investors' Rights Agreement (Onvia Com Inc)
Aggregation of Stock. All shares of the Preferred Stock or Common Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 4 contracts
Samples: Investors' Rights Agreement, Investors’ Rights Agreement (Obalon Therapeutics Inc), Investors’ Rights Agreement (Obalon Therapeutics Inc)
Aggregation of Stock. All shares of the Preferred Capital Stock held or acquired by affiliated Affiliated entities or persons Persons shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement and such Affiliated Persons may apportion such rights as among themselves in any manner they deem appropriate.
Appears in 4 contracts
Samples: Right of First Refusal and Co Sale Agreement (Applied Blockchain, Inc.), Right of First Refusal and Co Sale Agreement (Applied Blockchain, Inc.), Right of First Refusal and Co Sale Agreement (Stronghold Digital Mining, Inc.)
Aggregation of Stock. All shares of the Series B Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement (Avalon Ventures IX GP, LLC), Series B Preferred Stock Purchase Agreement (Clearlake Capital Partners, LLC), Series B Preferred Stock Purchase Agreement (Purple Communications, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons persons, successor entities, investment funds managed or advised by an Investor, a manager or advisor of an Investor, or an affiliate of such manager or advisor shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 4 contracts
Samples: Investors Rights Agreement (ChemoCentryx, Inc.), Investors Rights Agreement (ChemoCentryx, Inc.), Investors Rights Agreement (Techne Corp /Mn/)
Aggregation of Stock. All shares of the Series C Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 4 contracts
Samples: Investors' Rights Agreement (Mobility Electronics Inc), Investor's Rights Agreement (Mobility Electronics Inc), Series C Preferred Stock Purchase Agreement (Netzero Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons any Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement; provided, that all such Affiliated Persons shall have a single attorney-in-fact for the purposes of exercising any rights, receiving notices or taking any action under this Agreement.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (RealD Inc.), Shareholder Agreements (RealD Inc.), Shareholder Agreements (RealD Inc.)
Aggregation of Stock. All shares of the Preferred Capital Stock held or acquired by affiliated Affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement, and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Appears in 3 contracts
Samples: Right of First Refusal and Co Sale Agreement (Denim LA, Inc.), Right of First Refusal and Co Sale Agreement (Denim LA, Inc.), Right of First Refusal and Co Sale Agreement (Denim LA, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons Affiliates of an Investor shall be aggregated together for the purpose of determining the availability of any rights of such Investor under this Agreement.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Salient Surgical Technologies, Inc.), Investors’ Rights Agreement (Salient Surgical Technologies, Inc.), Investors’ Rights Agreement (Salient Surgical Technologies, Inc.)
Aggregation of Stock. All shares of the Preferred Shares (or Common Stock issued on conversion thereof) held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Series D Preferred Stock Purchase Agreement (Software Net Corp), Series B Preferred Stock Purchase Agreement (Software Net Corp), Series C Preferred Stock Purchase Agreement (Software Net Corp)
Aggregation of Stock. All shares of the Preferred Stock or Registrable Securities held or acquired by affiliated entities or persons or persons or entities under common management or control shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Investor Rights Agreement (Mirna Therapeutics, Inc.), Investor Rights Agreement (Mirna Therapeutics, Inc.), Investor Rights Agreement (Mirna Therapeutics, Inc.)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons a Shareholder and/or its Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement (including without limitation, in determining whether a Shareholder is a Major Investor), and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Appears in 3 contracts
Samples: Shareholder Agreement, Shareholder Agreement (Accuray Inc), Shareholder Agreement (Accuray Inc)
Aggregation of Stock. All shares of the Preferred Common Stock held or acquired -------------------- by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Right of First Refusal and Co Sale Agreement (Hall Kinion & Associates Inc), Registration Rights Agreement (Enel Societa Per Azioni), Stockholders' Voting Agreement (Maxtech Enterprises LTD Et Al)
Aggregation of Stock. All shares of the Preferred Stock Company held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Members Agreement (Sungy Mobile LTD), Investors’ Rights Agreement (Aerohive Networks, Inc), Shareholder Agreements (Tudou Holdings LTD)
Aggregation of Stock. All shares of the Preferred Stock Restricted Shares held or acquired by affiliated entities or persons Affiliates of the Investors shall be aggregated together for the purpose purposes of determining the availability of any rights under this the Agreement.
Appears in 3 contracts
Samples: Investor Rights Agreement (PointClickCare Corp.), Investor Rights Agreement (PointClickCare Corp.), Investor Rights Agreement (PointClickCare Corp.)
Aggregation of Stock. All shares of the Preferred Stock capital stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Registration Rights Agreement (Mobile Pet Systems Inc), Registration Rights Agreement (Mobile Pet Systems Inc), Registration Rights Agreement (Bradbury Ivan)
Aggregation of Stock. All shares of the Preferred Stock and Common Stock of the Corporation held or acquired by affiliated entities or persons Affiliates of a Holder shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Registration Rights Agreement (Genocea Biosciences, Inc.), Registration Rights Agreement (Genocea Biosciences, Inc.), Registration Rights Agreement (Concert Pharmaceuticals, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons persons, including Affiliated Funds, shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Auspex Pharmaceuticals, Inc.), Investors’ Rights Agreement (Auspex Pharmaceuticals, Inc.), Investors’ Rights Agreement (Acelrx Pharmaceuticals Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Nlight, Inc.), Investors’ Rights Agreement (Nlight, Inc.)
Aggregation of Stock. All shares of the Preferred Common Stock held or -------------------- acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Right of First Refusal and Co Sale Agreement (Flycast Communications Corp), Common Stock Purchase Agreement (Agile Software Corp), Common Stock Purchase Agreement (Agile Software Corp)
Aggregation of Stock. All shares of the Preferred Stock -------------------- held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Avantgo Inc), Investors' Rights Agreement (Avantgo Inc), Investors' Rights Agreement (Keravision Inc /Ca/)
Aggregation of Stock. All shares of the Preferred Common Stock or shares of Common Stock issued upon conversion thereof held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (EnerJex Resources, Inc.), Securities Purchase Agreement (EnerJex Resources, Inc.), Securities Purchase and Asset Acquisition Agreement (EnerJex Resources, Inc.)
Aggregation of Stock. All shares of the Preferred The Stock held or acquired by any affiliated entities or persons of an Investor shall be aggregated together with such Investor’s Stock solely for the purpose purposes of determining the availability of whether or not any rights under this Agreementright granted hereunder is applicable to such Investor.
Appears in 3 contracts
Samples: Stockholder Agreement (Xtera Communications, Inc.), Voting Agreement (Xtera Communications, Inc.), Preferred Stockholder Agreement (Xtera Communications, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Registration Rights Agreement (Support Com Inc), Investor Rights Agreement (Realnames Corp), Registration Rights Agreement (Support Com Inc)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons an Investor and/or its Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement, and such Affiliates may apportion such rights as among themselves in any manner they deem appropriate.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Fulcrum Bioenergy Inc), Investors’ Rights Agreement (Fulcrum Bioenergy Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement, Series C Preferred Stock Purchase Agreement (Blue Earth, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities Persons or persons Affiliated Funds shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement (provided that no shares shall be attributed to more than one Person within any such group of affiliated Persons).
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Trade Desk, Inc.), Investors’ Rights Agreement (Trade Desk, Inc.)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons an Investor and any of its Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement and such affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Appears in 2 contracts
Samples: Investor Rights Agreement (Gatsby Digital, Inc.), Investor Rights Agreement (Gatsby Digital, Inc.)
Aggregation of Stock. All shares of the Preferred Capital Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Kranem Corp), Stockholders' Agreement (Alphasmart Inc)
Aggregation of Stock. All shares of the Preferred Capital Stock held or acquired by affiliated Affiliated entities or persons Persons shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement and the exercise of any such rights may be allocated among such Affiliated entities in such manner as such Affiliated entities may determine in their discretion.
Appears in 2 contracts
Samples: Stockholders’ Agreement, Stockholders’ Agreement (Histogenics Corp)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under tinder this Agreement.. [Signature page follows]
Appears in 2 contracts
Samples: Investors' Rights Agreement (Northwest Biotherapeutics Inc), Investors' Rights Agreement (Northwest Biotherapeutics Inc)
Aggregation of Stock. All shares of For the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement, the holdings of any individual or entity who is an Affiliate of such individual or entity shall be aggregated together with the holdings of such individual or entity.
Appears in 2 contracts
Samples: Investor Rights Agreement (Zuora Inc), Registration Rights Agreement (Etsy Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons the Purchaser and its Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement (General Magic Inc), Registration Rights Agreement (General Motors Corp)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Members Agreement (Credo Technology Group Holding LTD), Members Agreement (Credo Technology Group Holding LTD)
Aggregation of Stock. All shares of capital stock of the Preferred Stock Company held or acquired by affiliated entities or persons an Affiliate shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors' Rights Agreement, Investors’ Rights Agreement (TNAV Holdings, Inc.)
Aggregation of Stock. All shares of the Preferred Common Stock held or acquired by affiliated entities of Investor or related persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ashton Technology Group Inc), Securities Purchase Agreement (Optimark Holdings Inc)
Aggregation of Stock. All shares of the Preferred Stock and Common Stock of the Company held or acquired by affiliated entities or persons (including those held by Affiliated Entities) shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement (Complete Genomics Inc), Investor Rights Agreement (Complete Genomics Inc)
Aggregation of Stock. All shares of the Series C Preferred Stock -------------------- held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Qualix Group Inc), Series C Preferred Stock Purchase Agreement (Qualix Group Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Series E Preferred Stock Agreement (Simplex Solutions Inc), Co Sale Agreement (Discovery Laboratories Inc)
Aggregation of Stock. All shares of the Registrable Securities or Series A Preferred Stock held or acquired by affiliated entities or persons an Investor and All Related Parties of such Investor shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investor Rights Agreement (Freei Networks Inc), Investor Rights Agreement (Natural Alternatives International Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons or persons or entities under common management or control shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Voting Agreement (Ribozyme Pharmaceuticals Inc), Voting Agreement (Ribozyme Pharmaceuticals Inc)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons shall be aggregated together for the purpose purposes of determining the availability of any rights under this AgreementAgreement (provided that no shares shall be attributed to more than one entity or person within any such group of affiliated entities or persons).
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (Altus Pharmaceuticals Inc.), Investor Rights Agreement (Altus Pharmaceuticals Inc.)
Aggregation of Stock. All shares of the Registrable Securities, Preferred Stock or Common Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (SolarEdge Technologies Inc), Investors’ Rights Agreement (SolarEdge Technologies Inc)
Aggregation of Stock. All shares of the Common Stock and the Senior Preferred Stock held or acquired by an Investor and its affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.. For purposes of the foregoing, the shares held by any Investor that is (a) a partnership or corporation, shall be deemed to include shares held by affiliated partnerships or the partners,
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (Q2 Holdings, Inc.), Right of First Refusal and Co Sale Agreement (Q2 Holdings, Inc.)
Aggregation of Stock. All Preferred Shares and Common shares of the Preferred Stock -------------------- held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this AgreementSection 3.
Appears in 2 contracts
Samples: Rights Agreement (Power Integrations Inc), Rights Agreement (Power Integrations Inc)
Aggregation of Stock. All shares of the Preferred Stock Company's stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investor's Rights Agreement (Jni Corp), Registration Rights Agreement (Jni Corp)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by (i) affiliated entities or persons or (ii) persons or entities under common investment management, shall be aggregated together for the purpose of determining the availability of any rights as a Holder under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Lumera Corp), Investors’ Rights Agreement (Microvision Inc)
Aggregation of Stock. All shares of the Preferred Stock (and any Common Stock issued upon conversion thereof) held or acquired by affiliated Affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Affirm Holdings, Inc.), Investors’ Rights Agreement (Affirm Holdings, Inc.)
Aggregation of Stock. All shares of the Series D Preferred Stock held or acquired by affiliated entities Investor or persons Affiliates of Investor shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Signal Pharmaceuticals Inc), Stock Purchase Agreement (Signal Pharmaceuticals Inc)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons persons, including without limitation Affiliated Funds, shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Apptio Inc), Investors’ Rights Agreement (Apptio Inc)
Aggregation of Stock. All shares of the Preferred Common Stock held or -------------------- acquired by affiliated entities or persons person shall be aggregated together for the purpose of determining the availability of any rights under Section 7 of this Agreement.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Inventa Technologies Inc), Series a Preferred Stock Purchase Agreement (Inventa Technologies Inc)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons Affiliates of any Stockholder shall be aggregated together for the purpose of determining the availability of any rights of such Stockholder under this Agreement.
Appears in 2 contracts
Samples: Stockholders Agreement (TriVascular Technologies, Inc.), Stockholders Agreement (TriVascular Technologies, Inc.)
Aggregation of Stock. All shares of the Preferred Stock and Registrable Securities held or acquired by affiliated entities or persons shall be aggregated aggregate together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investor Rights Agreement (Conatus Pharmaceuticals Inc), Investor Rights Agreement (Conatus Pharmaceuticals Inc)
Aggregation of Stock. All shares of the Preferred Stock and Common Stock of the Company held or acquired by affiliated Affiliated entities or persons Persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investor Rights Agreement (Tetralogic Pharmaceuticals Corp), Investor Rights Agreement (Tetralogic Pharmaceuticals Corp)
Aggregation of Stock. All shares of the Series A Preferred Stock held by or acquired by affiliated entities or persons Affiliated Persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreementhereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (GTT Communications, Inc.), Securities Purchase Agreement (GTT Communications, Inc.)
Aggregation of Stock. All shares of the Preferred Stock Preference Shares or Ordinary Shares held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (BCD Semiconductor Manufacturing LTD), Investors’ Rights Agreement (BCD Semiconductor Manufacturing LTD)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. The share numbers set forth in Sections 1 (determining minimum shareholding amounts for certain rights) shall be proportionately adjusted for any stock split, combination, or other recapitalization or the like.
Appears in 2 contracts
Samples: Registration Rights Agreement (Forward Industries Inc), Registration Rights Agreement (Metro One Telecommunications Inc)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated Affiliated entities or persons or persons or entities under common management or control shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Stockholders Agreement (Rexahn Pharmaceuticals, Inc.), Stockholders Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Aggregation of Stock. All shares of the Preferred Stock held or acquired by affiliated entities or persons Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (Energy & Power Solutions, Inc.), Right of First Refusal and Co Sale Agreement (Energy & Power Solutions, Inc.)
Aggregation of Stock. All shares of the Preferred Company Stock held or acquired by affiliated entities or persons or persons or entities under common management or control shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investor Rights Agreement (Clearside Biomedical, Inc.), Investor Rights Agreement (Clearside Biomedical, Inc.)
Aggregation of Stock. All shares of the Preferred Capital Stock held or acquired by affiliated Affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement and the exercise of any such rights may be allocated among such Affiliated entities in such manner as such Affiliated entities may determine in their discretion.
Appears in 2 contracts
Samples: Right of First Offer and Co Sale Agreement (Benefitfocus,Inc.), Right of First Offer and Co Sale Agreement (Benefitfocus,Inc.)
Aggregation of Stock. All Warrants and/or shares of the Preferred Common Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Cove Hill Consulting Inc), Warrant Purchase Agreement (Cove Hill Consulting Inc)
Aggregation of Stock. All shares of capital stock of the Preferred Stock Company held or acquired by affiliated Affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.Agreement and such Affiliated persons may
Appears in 2 contracts
Samples: Registration Rights Agreement (Shutterstock, Inc.), Registration Rights Agreement (Shutterstock, Inc.)
Aggregation of Stock. All shares of the Preferred Stock of the Company held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability or discharge of any rights under this Agreement.
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Healthetech Inc)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities or persons any Affiliates of a Shareholder shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Shareholder Agreement (Hello Inc. /Cayman Islands/), Shareholder Agreement (Hello Inc. /Cayman Islands/)
Aggregation of Stock. All shares of the Preferred Stock Shares held or acquired by affiliated entities Persons under common management or persons Control shall be aggregated together for the purpose of determining the availability of any rights rights, or the determination of any obligations under this Agreement.
Appears in 2 contracts
Samples: Convertible Note Subscription Agreement, Stockholders Agreement (Quadrant Biosciences Inc)
Aggregation of Stock. All shares of the Preferred Stock and Common Stock held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. For purposes of this Agreement, the mutual funds, other pooled vehicles and client accounts on whose behalf the Fidelity Investors (as defined in Section 26) and their respective investment advisory affiliates exercise investment discretion shall be considered affiliates or affiliated entities or persons of such Fidelity Investors and such investment advisory affiliates.
Appears in 2 contracts
Samples: Voting Agreement, Voting Agreement (Kalobios Pharmaceuticals Inc)
Aggregation of Stock. All shares of the Preferred Common Stock held or -------------------- acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Diamond Technology Partners Inc), Stock Purchase Agreement (Diamond Technology Partners Inc)
Aggregation of Stock. All shares of the Common Stock and Preferred -------------------- Stock and any other securities held or acquired by affiliated entities or persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Prime Response Inc/De), Common Stock and Warrant Purchase Agreement (Prime Response Group Inc/De)
