Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 152 contracts
Samples: Indenture (Lemaitre Vascular Inc), Indenture (Fluence Energy, Inc.), Indenture (Guidewire Software, Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A2.8(d), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the CompanyIssuer’s treasury (unless the Company Issuer pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 7 contracts
Samples: Note Purchase Agreement (5E Advanced Materials, Inc.), Note Purchase Agreement (5E Advanced Materials, Inc.), Note Purchase Agreement (5E Advanced Materials, Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section Section 5.05(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 3 contracts
Samples: Indenture (Ani Pharmaceuticals Inc), Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A5.06(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 2 contracts
Samples: First Supplemental Indenture (Tellurian Inc. /De/), First Supplemental Indenture (Verastem, Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A6.06(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 2 contracts
Samples: Ninth Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 2 contracts
Samples: Indenture (Getaround, Inc), Convertible Note Subscription Agreement (InterPrivate II Acquisition Corp.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of this Section 5.05(A8(F), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 2 contracts
Samples: Omnibus Amendment (PARETEUM Corp), Securities Exchange Agreement (Amyris, Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A2.8(d), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; Stock and (ii) exclude shares of Common Stock held in the CompanyIssuer’s treasury (unless the Company Issuer pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Calculation of Number of Outstanding Shares of Common Stock. For purposes of this Section 5.05(A8(G), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Securities Purchase Agreement (Workhorse Group Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A5.05.(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Indenture (Perficient Inc)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(ASection 5.06(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Indenture (Verastem, Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of this Section 5.05(A7(G), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the CompanyParent Guarantor’s treasury (unless the Company Parent Guarantor pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Indenture (Realogy Group LLC)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A), the number of shares of Common Stock outstanding at any time will will: (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Indenture (PetIQ, Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A5.06(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury)..
Appears in 1 contract
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the #92925316v9 Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Indenture (Bandwidth Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of this Section 5.05(A)5.07, the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (ii) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Indenture (Workhorse Group Inc.)
Calculation of Number of Outstanding Shares of Common Stock. For purposes of Section 5.05(A4(c)(i), the number of shares of Common Stock outstanding at any time will (i) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; Stock and (ii) exclude shares of Common Stock held in the CompanyBorrower’s treasury (unless the Company Borrower pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Limited Waiver, Deferral and Amendment and Restatement Agreement (Reed's, Inc.)