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 138 contracts
Samples: Indenture (Ugi Corp /Pa/), Indenture (Haemonetics Corp), Indenture (Peloton Interactive, 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 6 contracts
Samples: Note Purchase Agreement (5E Advanced Materials, Inc.), Note Purchase Agreement (5E Advanced Materials, Inc.), Subscription 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 2 contracts
Samples: Supplemental Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.)
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 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: 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(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: Supplemental Indenture (Tellurian Inc. /De/), Verastem, Inc.
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).. (J)
Appears in 2 contracts
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 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(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 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
Samples: Verastem, 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: Joinder Agreement (Reed's, Inc.)
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: Realogy Group LLC
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 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).. (h)
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
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 Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).. Exhibit 4.1
Appears in 1 contract
Samples: Indenture (Cardlytics, 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: Perficient Inc