Common use of Calculation of Number of Outstanding Shares of Common Stock Clause in Contracts

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.)

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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

Samples: Note Purchase Agreement (Bird Global, Inc.)

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.)

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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

Samples: Securities Purchase Agreement (Velo3D, 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: 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

Samples: Second Supplemental Indenture (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 #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.)

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