Aggregation of Stock. All shares held or acquired by 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 shares Securities held or acquired by an Affiliate 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\), Unit Purchase Agreement (Vanguard Airlines Inc \De\), Purchase Agreement (Vangard Acquisition Co)
Aggregation of Stock. All shares Registrable Common Stock held by or acquired by an Affiliate 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 (Doubleclick Inc), Registration Rights Agreement (Maxworldwide Inc), Registration Rights Agreement (Maxworldwide Inc)
Aggregation of Stock. All shares held or acquired by an Affiliate 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 shares Common Stock Equivalents held or acquired by an Affiliate will 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: Stockholders Agreement (New Horizons Worldwide Inc), Stockholders’ Agreement (New Horizons Worldwide Inc), Stockholders’ Agreement (New Horizons Worldwide Inc)
Aggregation of Stock. All shares of Common Stock held or acquired -------------------- by an Affiliate 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 (Shea Edmund H Jr), Unit Purchase Agreement (Silicon Valley Research Inc), Subscription Agreement (Cardiodynamics International Corp)
Aggregation of Stock. All shares Shares held or acquired by an Affiliate 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 shares Convertible Securities and Registrable Securities held or acquired by an Affiliate will 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: 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 shares securities held or acquired or owned, beneficially or of record, by an Affiliate will the Investor Group or 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 shares held or acquired by an Affiliate will affiliated 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 shares securities held or acquired by an Affiliate 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 shares securities held or acquired by an Affiliate will 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 (AtriCure, Inc.), Investors' Rights Agreement (Santarus Inc), Series a Preferred Stock Purchase Agreement (Data Transmission Network Corp)
Aggregation of Stock. All shares Registrable Securities held or acquired by an Affiliate will 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 (Active Network Inc), Investors’ Rights Agreement (Active Network Inc), Investor's Rights Agreement (Friedman Billings Ramsey Group Inc)
Aggregation of Stock. All shares of the Common Stock held or acquired by an Affiliate 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 shares Securities held or acquired by an Affiliate 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 shares Shares held or acquired by an Affiliate will affiliated entities or 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 shares Common Stock held by or acquired by an Affiliate 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), Stock and Warrant Purchase Agreement (Optionable Inc), Investor Rights Agreement (Optionable Inc)
Aggregation of Stock. All shares held or acquired by an Affiliate will affiliated entities or persons 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 shares held or acquired by an Affiliate will affiliated entities or persons 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 equity shares held or acquired by an Affiliate will 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: Shareholders' Rights Agreement (Rediff Communication LTD), Shareholder Agreement (Warburg Pincus Equity Partners Lp)
Aggregation of Stock. All shares held or acquired by an Affiliate 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 shares of the Shares held or acquired by an Affiliate will affiliated entities or persons 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 shares Securities held or acquired by an Affiliate will affiliated Persons or 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 (Achillion Pharmaceuticals Inc), Securities Purchase Agreement (Answers CORP)
Aggregation of Stock. All shares Registerable Common Stock held by or acquired by an Affiliate any Affiliated 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 (Newkirk Realty Trust, Inc.), Registration Rights Agreement (First Union Real Estate Equity & Mortgage Investments)
Aggregation of Stock. All shares Registrable Securities held or acquired by an Affiliate will Affiliated entities or persons 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 Registrable Securities held by Affiliated entities or acquired by an Affiliate will persons 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 shares of Equity Securities held or acquired by an Affiliate 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 shares securities held or acquired by an Affiliate will affiliated entities or persons 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 shares securities held or acquired by an Affiliate will affiliated entities (including affiliated venture funds) or persons 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 shares Registrable Securities held or acquired by an Affiliate will affiliated entities or persons (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 shares securities held or acquired by an Affiliate 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 shares securities held or acquired by an Affiliate will affiliated entities (including Affiliates) or persons 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 shares held or acquired by an Affiliate 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 shares Registrable Securities held or acquired by an Affiliate affiliated entities 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 (Church & Dwight Co Inc /De/), Registration Rights Agreement (Usa Detergents Inc)
Aggregation of Stock. All shares of capital stock held or acquired by an Affiliate 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 shares held securities owned or acquired by an Affiliate will any Securityholder 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 2 contracts
Samples: Registration Rights Agreement (Magnachip Semiconductor LLC), Registration Rights Agreement (Magnachip Semiconductor LLC)
Aggregation of Stock. All shares of capital held or acquired by an Affiliate 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 shares securities held or acquired by an Affiliate will Affiliates or 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 shares Registrable Securities held or acquired by an Affiliate will affiliated 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 shares Convertible Securities and -------------------- Registrable Securities held or acquired by an Affiliate will 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: Information and Registration Rights Agreement (Neurocrine Biosciences Inc), Registration Rights Agreement (Neurocrine Biosciences Inc)
Aggregation of Stock. All shares Stock held or acquired by an Affiliate 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 shares of the Securities held or acquired by an Affiliate will affiliated entities or persons 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 an Affiliate will affiliated entities or persons 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 shares Company Stock held or acquired by an Affiliate will ---------------------------------- affiliated entities or persons 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 shares held or acquired by an Affiliate will 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.. CUSIP NO. 700000000 SCHEDULE 13D Page 21 of 24
Appears in 1 contract
Aggregation of Stock. All shares of the Shares held or acquired by an Affiliate 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 Shares held or acquired by affiliated entities or persons, or partners of an Affiliate will 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 shares held or acquired by an Affiliate will affiliated entities or persons 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 shares Company Stock held or acquired by an Affiliate will -------------------- affiliated entities or persons 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 shares securities held or acquired (or common stock issuable upon conversion thereof) by an Affiliate will the Investor and 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 1 contract
Samples: Investor Rights Agreement (Hidenet Secure Architectures Inc)
Aggregation of Stock. All shares Securities held or acquired by an Affiliate 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 shares Company Stock held or acquired by an Affiliate will affiliated entities or persons 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 shares held or acquired by an Affiliate will affiliated -------------------- entities, partners (limited and unlimited), affiliates or 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 (Marketfirst Software Inc)
Aggregation of Stock. All shares of securities held or acquired -------------------- by an Affiliate will affiliated entities or persons 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 shares Registrable Securities held or acquired by an Affiliate will -------------------- affiliated entities or 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 shares of the Securities held or -------------------- acquired by an Affiliate will affiliated entities or persons 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 shares securities held or acquired or owned, beneficially or of record, by an Affiliate 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)
Aggregation of Stock. All shares securities held or acquired by an Affiliate will affiliated entities or persons 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 shares Equity Interests held or acquired by an Affiliate 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 shares of Capital Stock held or acquired by an Affiliate 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 shares securities of the Company held or acquired by an Affiliate will affiliated entities or persons 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 shares Common Stock held by or acquired by an Affiliate 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 shares Securities held or acquired by an Affiliate will entities advised by the same investment adviser and affiliated entities or persons 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 shares Securities held or acquired by an Affiliate will affiliated Persons or 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 shares securities held or acquired by an Affiliate will -------------------- affiliated entities or persons 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 shares Registrable Securities held or -------------------- acquired by an Affiliate will affiliated entities or persons 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 shares held or acquired by an Affiliate 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 shares of Lender Stock held or acquired by an Affiliate entities or 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 With regard to any Stockholder, all shares held or acquired by an Affiliate 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
