Common use of Automatic Share Reserve Increase Clause in Contracts

Automatic Share Reserve Increase. Subject to adjustment upon changes in capitalization of the Company as provided in Section 15, the number of Shares available for issuance under this Plan will be increased on the first day of each Fiscal Year beginning with the 2023 Fiscal Year, in an amount equal to the least of (a) [______]2 Shares, (b) a number of Shares equal to 5% of the total number of shares of all classes of common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, or (c) such number of Shares determined by the Administrator no later than the last day of the immediately preceding Fiscal Year. 1 NTD: 12% of expected outstanding shares post-Closing. 2 NTD: 15% of expected outstanding shares post-Closing.

Appears in 4 contracts

Samples: Business Combination Agreement (Apexigen, Inc.), Business Combination Agreement (Apexigen, Inc.), Business Combination Agreement (Brookline Capital Acquisition Corp.)

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Automatic Share Reserve Increase. Subject to adjustment upon changes in capitalization of the Company as provided in Section 15, the number of Shares available for issuance under this the Plan will be increased on the first day of each Fiscal Year beginning with the 2023 2022 Fiscal Year, in an amount equal to the least of (a) [______]2 22,504,700 Shares, (b) a number of Shares equal to five percent (5% %) of the total number of shares of all classes of common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, or (c) such number of Shares determined by the Administrator no later than the last day of the immediately preceding Fiscal Year. 1 NTD: 12% of expected outstanding shares postPost-Closingtransaction number; not to be adjusted in connection with the transaction. 2 NTD: 15% of expected outstanding shares postPost-Closingtransaction number; not to be adjusted in connection with the transaction.

Appears in 1 contract

Samples: Merger Agreement (Osprey Technology Acquisition Corp.)

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