Aggregation of Stock. All Securities held or acquired by affiliated entities or persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement (Vanguard Airlines Inc \De\), Purchase Agreement (Vangard Acquisition Co), Unit Purchase Agreement (Vanguard Airlines Inc \De\)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons an Affiliate will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 4 contracts
Samples: Subscription Agreement (America Capital Energy Corp), Subscription Agreement (Crimson Exploration Inc.), Subscription Agreement (Exploration Co of Delaware Inc)
Aggregation of Stock. All Registrable Securities held or acquired by affiliated entities or persons will 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 4 contracts
Samples: Registration Rights Agreement (Avidity Biosciences, Inc.), Registration Rights Agreement (Avidity Biosciences, Inc.), Investor Rights Agreement (Devax Inc)
Aggregation of Stock. All Convertible Securities and Registrable Securities held or acquired by affiliated entities or persons will 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 (Skinmedica Inc), Series a Preferred Stock Purchase Agreement (Microcide Pharmaceuticals Inc), Information and Registration Rights Agreement (Terayon Communication Systems)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons will Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Neutral Tandem Inc), Stock Purchase Agreement (Neutral Tandem Inc), Stock Purchase Agreement (Neutral Tandem Inc)
Aggregation of Stock. All Securities Common Stock held by or acquired by affiliated entities or persons any Affiliated Person will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Investor Rights Agreement (Nymex Holdings Inc), Investor Rights Agreement (Optionable Inc), Stock and Warrant Purchase Agreement (Optionable Inc)
Aggregation of Stock. All Registrable Securities held or acquired by affiliated entities or persons will 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 (Active Network Inc), Investors’ Rights Agreement (Active Network Inc), Investor's Rights Agreement (Friedman Billings Ramsey Group Inc)
Aggregation of Stock. All Securities Shares held or acquired by affiliated entities or persons will any Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. [The remainder of this page has been intentionally left blank.]
Appears in 3 contracts
Samples: Shareholder Agreement, Shareholder Agreement (iClick Interactive Asia Group LTD), Investor Rights Agreement (Daqo New Energy Corp.)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons will 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 (Gamco Investors, Inc. Et Al), Registration Rights Agreement (Cascade Investment LLC), Registration Rights Agreement (Gabelli Income Series Funds Inc)
Aggregation of Stock. All Securities shares of Common Stock held or acquired -------------------- by affiliated entities or persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Unit Purchase Agreement (Silicon Valley Research Inc), Subscription Agreement (Cardiodynamics International Corp), Unit Purchase Agreement (Shea Edmund H Jr)
Aggregation of Stock. All Securities securities held or acquired by affiliated entities or persons will Affiliates shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Vaxcyte, Inc.), Registration Rights Agreement (Advance Holdings, LLC), Registration Rights Agreement (Harmonic Inc)
Aggregation of Stock. All Securities Shares held or acquired by affiliated entities or persons will person 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 (Noosh Inc), Investor Rights Agreement (Noosh Inc), Investor Rights Agreement (Noosh Inc)
Aggregation of Stock. All Securities securities held or acquired by affiliated Affiliated entities or persons will 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 (AtriCure, Inc.), Series a Preferred Stock Purchase Agreement (Data Transmission Network Corp), Investors' Rights Agreement (Santarus Inc)
Aggregation of Stock. All Securities shares of the Common Stock held or acquired by affiliated entities or persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (World Wide Wireless Communications Inc), Stock Purchase Agreement (World Wide Wireless Communications Inc), Stock Purchase Agreement (World Wide Wireless Communications Inc)
Aggregation of Stock. All Securities Registrable Common Stock held by or acquired by affiliated entities or persons any Affiliates will be aggregated together for the purpose of determining the availability of any rights and obligations under this Agreement.
Appears in 3 contracts
Samples: Registration Rights Agreement (Maxworldwide Inc), Registration Rights Agreement (Maxworldwide Inc), Registration Rights Agreement (Doubleclick Inc)
Aggregation of Stock. All Securities held or acquired by affiliated entities or persons will 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 3 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Nivalis Therapeutics, Inc.), Investor Rights Agreement (Nivalis Therapeutics, Inc.)
Aggregation of Stock. All Securities Common Stock Equivalents held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 3 contracts
Samples: Stockholders Agreement (New Horizons Worldwide Inc), Stockholders’ Agreement (New Horizons Worldwide Inc), Stockholders’ Agreement (New Horizons Worldwide Inc)
Aggregation of Stock. All Securities securities held or acquired or owned, beneficially or of record, by affiliated entities the Investor Group or persons will any member thereof shall be aggregated together for the purpose of determining the availability of any rights rights, or the imposition of any obligations or limitations, under this Agreement.
Appears in 3 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Martha Stewart Living Omnimedia Inc), Securities Purchase Agreement (Martha Stewart Living Omnimedia Inc)
Aggregation of Stock. All Securities shares of capital held or acquired by affiliated entities or persons will Affiliates 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, Investor Rights Agreement (Brightcove Inc)
Aggregation of Stock. All Securities securities held or acquired by affiliated entities or persons will shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Stockholders Rights Agreement, Stockholders Rights Agreement (WPP PLC)
Aggregation of Stock. All Securities held or acquired by affiliated entities Persons or persons will Persons under common management or control shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement and the Transaction Documents.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Answers CORP), Securities Purchase Agreement (Achillion Pharmaceuticals Inc)
Aggregation of Stock. All Securities securities held or acquired by affiliated entities Affiliates or persons will shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Unity Biotechnology, Inc.)
Aggregation of Stock. All Securities shares of capital stock held or acquired by affiliated entities or persons will Affiliates 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 (Yodle Inc), Stockholder Rights Agreement (Everyday Health, Inc.)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.. 140
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Macromedia Inc), Agreement and Plan of Reorganization (Macromedia Inc)
Aggregation of Stock. All Securities held securities owned or acquired by affiliated any Securityholder or its Affiliated entities or persons will (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 2 contracts
Samples: Registration Rights Agreement (Magnachip Semiconductor LLC), Registration Rights Agreement (Magnachip Semiconductor LLC)
Aggregation of Stock. All Registrable Securities held or acquired by affiliated entities or persons will 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 (Home Solutions of America Inc), Investor's Rights Agreement (Find SVP Inc)
Aggregation of Stock. All Registrable Securities held or acquired by affiliated Affiliated entities or persons will shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investor Rights Agreement (Everbridge, Inc.), Investor Rights Agreement (Everbridge, Inc.)
Aggregation of Stock. All Registrable Securities held or acquired by affiliated entities or persons will (including former and current partners, members and stockholders) 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 (Cancervax Corp), Investors' Rights Agreement (Cancervax Corp)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons Affiliates will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (MaxPoint Interactive, Inc.), Investors’ Rights Agreement (MaxPoint Interactive, Inc.)
Aggregation of Stock. All Convertible Securities and -------------------- Registrable Securities held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Information and Registration Rights Agreement (Neurocrine Biosciences Inc), Registration Rights Agreement (Neurocrine Biosciences Inc)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities Affiliates or persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Rights Agreement (Exploration Co of Delaware Inc), Investors' Rights Agreement (Franks Nursery & Crafts Inc)
Aggregation of Stock. All Registrable Securities held or acquired by affiliated Affiliated entities or persons will shall be aggregated together for the purpose purposes of determining the availability of any rights right under this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (ChinaEdu CORP)
Aggregation of Stock. All shares of Equity Securities held or acquired by affiliated entities or persons will Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Stockholders' Agreement (Vapotherm Inc), Stockholders Agreement (Vapotherm Inc)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights or the applicability of any restrictions under this Agreement.
Appears in 2 contracts
Samples: Software License Agreement (Symantec Corp), Stockholder Agreement (Saleslogix Corp)
Aggregation of Stock. All Securities equity shares held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Shareholder Agreement (Warburg Pincus Equity Partners Lp), Shareholders' Rights Agreement (Rediff Communication LTD)
Aggregation of Stock. All Securities securities held or acquired by affiliated entities or persons will Affiliated Persons (including Affiliated funds) shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement (Paa Natural Gas Storage Lp), Registration Rights Agreement (Paa Natural Gas Storage Lp)
Aggregation of Stock. All Securities Registrable Common Stock held by or acquired by affiliated entities or persons any Person who is an Affiliate of any of the Stockholders will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement (Tinicum Capital Partners Ii Lp), Registration Rights Agreement (Transtechnology Corp)
Aggregation of Stock. All Securities of the Shares held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement. For purposes of Article 6, all Shares held or acquired by affiliated entities (including affiliated venture capital funds) 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 Purchase Agreement (Odyssey Marine Exploration Inc), Common Stock Purchase Agreement (Odyssey Marine Exploration Inc)
Aggregation of Stock. All Registrable Securities held or acquired by affiliated entities or persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement (Usa Detergents Inc), Registration Rights Agreement (Church & Dwight Co Inc /De/)
Aggregation of Stock. All Securities securities held or acquired by affiliated entities (including Affiliates) or persons will shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Annexon, Inc.), Investors’ Rights Agreement (Annexon, Inc.)
Aggregation of Stock. All Securities securities held or acquired by affiliated entities (including affiliated venture funds) or persons will shall be aggregated together for the purpose purposes of determining the availability of any rights under this Agreement.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Quantenna Communications Inc), Investors' Rights Agreement (Quantenna Communications Inc)
Aggregation of Stock. All Securities securities held or acquired (or common stock issuable upon conversion thereof) by the Investor and affiliated entities or persons will shall be aggregated together for the purpose of determining the availability or discharge of any rights under this Agreement.
Appears in 1 contract
Samples: Investor Rights Agreement (Hidenet Secure Architectures Inc)
Aggregation of Stock. All Securities held or acquired by affiliated entities Persons or persons will Persons under common management or control shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.Agreement and the Transaction Documents. [Signature Pages Follow]
Appears in 1 contract
Samples: Securities Purchase Agreement (Achillion Pharmaceuticals Inc)
Aggregation of Stock. All Securities held or acquired by entities advised by the same investment adviser and affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement including, without limitation, determining who is a Major Investor hereunder.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Bill.com Holdings, Inc.)
Aggregation of Stock. All Securities securities held or acquired by affiliated entities or persons will shall be aggregated together for the purpose purposes of determining the availability obligations of any rights the Stockholders under this Agreement.
Appears in 1 contract
Samples: Voting Agreement (WPP PLC)
Aggregation of Stock. All Securities of the Shares held or acquired by affiliated entities or persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Investor Rights and Stockholder Agreement (Mr3 Systems Inc)
Aggregation of Stock. All shares of the Securities held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All Securities Equity Interests held or acquired by affiliated entities or persons will any Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All For purposes of the share threshold used in determining which Investors are "Major Investors" under this Agreement, all shares of Registrable Securities held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreementtogether.
Appears in 1 contract
Aggregation of Stock. All Securities securities held or acquired by -------------------- affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Investors' Rights Agreement (Production Group International Inc)
Aggregation of Stock. All Securities With regard to any Stockholder, all shares held or acquired by affiliated entities or persons will Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this AgreementAgreement for such Stockholder.
Appears in 1 contract
Aggregation of Stock. All Securities Shares held or acquired by affiliated entities or persons will persons, or partners of an Investor, and all Registrable Securities issued or issuable upon conversion thereof shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All Securities Common Stock held by or acquired by affiliated entities or persons any Affiliated Persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Registration Rights Agreement (First Union Real Estate Equity & Mortgage Investments)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons Affiliates will be aggregated together for the purpose of determining the availability of any rights under this Agreement.Section 5.18
Appears in 1 contract
Samples: Shareholders Rights Agreement (Gulfwest Energy Inc)
Aggregation of Stock. All Securities shares of securities held or acquired -------------------- by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Investors' Rights Agreement (SCP Private Equity Partners Ii Lp)
Aggregation of Stock. All Registrable Securities held or -------------------- acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All Registrable Securities held or acquired by -------------------- affiliated entities or persons will Persons shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Investor's Rights Agreement (Cypress Financial Services Inc)
Aggregation of Stock. All Securities shares of Capital Stock held or acquired by affiliated entities or persons will Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All Securities shares held or acquired by affiliated entities -------------------- entities, partners (limited and unlimited), affiliates or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Investor's Rights Agreement (Marketfirst Software Inc)
Aggregation of Stock. All Securities Stock held or acquired by affiliated entities or persons will members of the same Stockholder Group shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All Securities held or acquired by entities advised by the same investment adviser and affiliated entities or persons will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Neuro-Hitech Pharmaceuticals Inc)
Aggregation of Stock. All Securities shares held or acquired by affiliated entities or persons will 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.. CUSIP NO. 700000000 SCHEDULE 13D Page 21 of 24
Appears in 1 contract
Aggregation of Stock. All shares of the Securities held or -------------------- acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreementagreement.
Appears in 1 contract
Aggregation of Stock. All Securities shares of Lender Stock held or acquired by affiliated entities or persons Persons that are Affiliates will be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Aggregation of Stock. All Securities securities of the Company held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Lock Up Agreement (Fatbrain Com Inc)
Aggregation of Stock. All Securities Company Stock held or acquired by -------------------- affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Stockholders Agreement (Camden Partners Strategic Ii LLC)
Aggregation of Stock. All Securities Company Stock held or acquired by affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Shareholder Agreements (English Language Learning & Instruction System Inc)
Aggregation of Stock. All Securities Company Stock held or acquired by ---------------------------------- affiliated entities or persons will shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Camden Partners Strategic Ii LLC)
Aggregation of Stock. All Securities securities held or acquired or owned, beneficially or of record, by affiliated entities or persons will the Investor Group shall be aggregated together for the purpose of determining the availability of any rights rights, or the imposition of any obligations or limitations, under this Agreement.
Appears in 1 contract
Samples: Stockholder Agreement (Natures Sunshine Products Inc)
