Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 989 contracts
Samples: Convertible Security Agreement (Scienture Holdings, Inc.), Convertible Security Agreement (Incannex Healthcare Inc.), Convertible Security Agreement (Nauticus Robotics, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.
Appears in 174 contracts
Samples: Line of Credit Agreement (Star Alliance International Corp.), Convertible Security Agreement (AgEagle Aerial Systems Inc.), Convertible Security Agreement (Global Technologies LTD)
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 112 contracts
Samples: Pre Funded Warrant to Purchase Common Stock (Eledon Pharmaceuticals, Inc.), Warrant Agreement (Allurion Technologies, Inc.), Common Stock Purchase Warrant (INVO Bioscience, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 109 contracts
Samples: Warrant Agent Agreement, Common Stock Purchase Warrant (Spring Bank Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Spring Bank Pharmaceuticals, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 77 contracts
Samples: Warrant Agreement (Red Cat Holdings, Inc.), Placement Agent Warrant (Qualigen Therapeutics, Inc.), Placement Agent Warrant (Qualigen Therapeutics, Inc.)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 34 contracts
Samples: Security Agreement (Regen BioPharma Inc), Security Agreement (Regen BioPharma Inc), Senior Convertible Promissory Note (Ayala Pharmaceuticals, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not includes shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered on issue or sale of Common Stock. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 25 contracts
Samples: Convertible Security Agreement (U.S. Aerospace, Inc.), Convertible Security Agreement (U.S. Aerospace, Inc.), Convertible Security Agreement (U.S. Aerospace, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock Ordinary Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Ordinary Shares (excluding any treasury shares of the Company) issued and outstanding.
Appears in 16 contracts
Samples: Convertible Security Agreement (Jayud Global Logistics LTD), Convertible Security Agreement (Lion Group Holding LTD), Convertible Security Agreement (Lion Group Holding LTD)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Hartville Group Inc), Convertible Security Agreement (Power 3 Medical Products Inc), Securities Agreement (NanoDynamics, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the aggregate number of issued and to be converted shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 12 contracts
Samples: Securities Agreement (Issuer Direct Corp), Securities Agreement (Issuer Direct Corp), Securities Purchase Agreement (Cyberdefender Corp)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 12 contracts
Samples: Warrant Agreement (Bleach Group, Inc.), Warrant Agreement (Bleach Group, Inc.), Warrant Agreement (Bleach Group, Inc.)
Calculations. All calculations under this Section 5 4(d) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54(d), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.. β
Appears in 11 contracts
Samples: 25% Senior Secured Convertible Promissory Note and Security Agreement (Kiromic Biopharma, Inc.), 25% Senior Secured Convertible Promissory Note and Security Agreement (Kiromic Biopharma, Inc.), 25% Senior Secured Convertible Promissory Note and Security Agreement (Kiromic Biopharma, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered on issue or sale of Common Stock. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 10 contracts
Samples: Convertible Security Agreement (Oncolix, Inc.), Convertible Security Agreement (Advanced Environmental Petroleum Producers Inc.), Convertible Security Agreement (Generex Biotechnology Corp)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Amergent Hospitality Group, Inc), Convertible Promissory Note (Vape Holdings, Inc.), Secured Series B Preferred Stock Convertible Promissory Note (Vape Holdings, Inc.)
Calculations. All calculations under this Section 5 4(d) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54(d), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 10 contracts
Samples: 25% Senior Secured Convertible Promissory Note and Security Agreement (Kiromic Biopharma, Inc.), 25% Senior Secured Convertible Promissory Note and Security Agreement (Kiromic Biopharma, Inc.), 25% Senior Secured Convertible Promissory Note and Security Agreement (Kiromic Biopharma, Inc.)
Calculations. All calculations under this Section 5 8 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 9 contracts
Samples: Convertible Security Agreement (Inspire Veterinary Partners, Inc.), Convertible Security Agreement (Inspire Veterinary Partners, Inc.), Convertible Security Agreement (Inspire Veterinary Partners, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyIssuer) issued and outstanding.
Appears in 8 contracts
Samples: Convertible Note (Hightimes Holding Corp.), Convertible Note (Hightimes Holding Corp.), Convertible Note (Hightimes Holding Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding any treasury shares of the Company) issued and outstanding.
Appears in 8 contracts
Samples: Convertible Security Agreement (1847 Holdings LLC), Convertible Security Agreement (1847 Holdings LLC), Securities Purchase Agreement (NextPlat Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 1/1 OOth of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 7 contracts
Samples: Convertible Security Agreement (Sigyn Therapeutics, Inc.), Convertible Security Agreement (Sigyn Therapeutics, Inc.), Convertible Security Agreement (Sigyn Therapeutics, Inc.)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCorporation) issued and outstanding.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Phunware, Inc.), Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Asta Holdings, Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 6 contracts
Samples: Warrant Agreement (Wetouch Technology Inc.), Warrant Agreement (Wetouch Technology Inc.), Warrant Agreement (Wetouch Technology Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Discovery Energy Corp.), Debenture Agreement (Discovery Energy Corp.), Convertible Security Agreement (Discovery Energy Corp.)
Calculations. All calculations under this Section 5 6.23 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56.23, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.), Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.), Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.)
Calculations. All calculations under this Section 5 6(j) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Millennium Cell Inc)
Calculations. All calculations under this Section 5 6.24 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56.24, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.)
Calculations. All calculations under this Section 5 5(j) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 5 contracts
Samples: Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Millennium Cell Inc)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding. Notice to the Holder.
Appears in 4 contracts
Samples: Convertible Security Agreement (Analytical Surveys Inc), Convertible Security Agreement (Analytical Surveys Inc), Convertible Security Agreement (Aurelio Resource Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCompanies) issued and outstanding.
Appears in 4 contracts
Samples: Convertible Security Agreement (Notis Global, Inc.), Convertible Security Agreement (Notis Global, Inc.), Convertible Security Agreement (Notis Global, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 4 contracts
Samples: Convertible Security Agreement (Lifevantage Corp), Convertible Security Agreement (Lifevantage Corp), Convertible Security Agreement (Lifevantage Corp)
Calculations. All calculations under this Section 5 shall Warrant must be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time does not include shares of Common Stock owned or held by or for the account of the Company. For the purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be is the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Securities Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp), Securities Agreement (Bullion River Gold Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 4 contracts
Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Powerwave Technologies Inc), Securities Purchase Agreement (Diamond Foods Inc)
Calculations. All calculations under this Section 5 7 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 57, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 4 contracts
Samples: Securities Purchase Agreement (AzurRx BioPharma, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyParent) issued and outstanding.
Appears in 3 contracts
Samples: Exchange Agreement (Notis Global, Inc.), Convertible Security Agreement (Notis Global, Inc.), Convertible Security Agreement (Ascent Solar Technologies, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent two (2) decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 3 contracts
Samples: Convertible Security Agreement (ARJ Consulting, LLC), Convertible Security Agreement (Verus International, Inc.), Convertible Security Agreement (Verus International, Inc.)
Calculations. All calculations under this Section 5 5.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 55.5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 3 contracts
Samples: Convertible Security Agreement (Precipio, Inc.), Convertible Security Agreement, Convertible Security Agreement
Calculations. All calculations under this Section 5 4.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54.5, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding any treasury unissued shares of the CompanyCorporation) issued and outstanding.
Appears in 2 contracts
Samples: Arrangement Agreement (DecisionPoint Systems, Inc.), Arrangement Agreement (DecisionPoint Systems, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Warrant Agent Agreement (180 Life Sciences Corp.), Warrant Agent Agreement (180 Life Sciences Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Warrant Agent Agreement (CW Petroleum Corp), Warrant Agent Agreement (CW Petroleum Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 53, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Performance Warrant (One Horizon Group, Inc.), Warrant Agreement (One Horizon Group, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued and ; provided that such shares, upon disposition to a third party, shall then be considered outstanding.
Appears in 2 contracts
Samples: Additional Investment Right (Avanex Corp), Additional Investment Right (Avanex Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Security Agreement (DOC.COM Inc.), Convertible Security Agreement (Synthetic Blood International Inc)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
d) Notice to the Payee
Appears in 2 contracts
Samples: Unsecured Promissory Note (Pinnacle Resources Inc), Unsecured Promissory Note (Pinnacle Resources Inc)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Subordinated Note (GEE Group Inc.), Convertible Subordinated Note (GEE Group Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares shares, of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Note (Airbee Wireless, Inc.), Secured Convertible Note (Pride Business Development Holdings, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding any treasury shares of the Companyshares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 2 contracts
Samples: Warrant Agreement (Sphere 3D Corp.), Warrant Agreement (Siyata Mobile Inc.)
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyJanOne) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Security Agreement (JanOne Inc.), Convertible Security Agreement (JanOne Inc.)
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyIssuer) issued and outstanding.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Faraday Future Intelligent Electric Inc.), Amendment to Atw Notes and Warrants (Faraday Future Intelligent Electric Inc.)
Calculations. All calculations under this Section 5 4(e) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54(e), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.
Appears in 2 contracts
Samples: Note Amendment Agreement, Note Amendment Agreement (Authentidate Holding Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.. g) Notice to the Holder. i.
Appears in 2 contracts
Samples: Convertible Security Agreement (Emerald Medical Applications Corp.), Convertible Security Agreement (Emerald Medical Applications Corp.)
Calculations. All calculations under this Section 5 shall be ------------ made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Security Agreement (Petrosearch Energy Corp), Securities Agreement (UC Hub Group Inc)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 11100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Security Agreement (Cardiff International Inc), Convertible Security Agreement (American Natural Energy Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.,
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nac Global Technologies, Inc.), Convertible Security Agreement (Nac Global Technologies, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCorporation) issued and outstanding.
Appears in 2 contracts
Samples: Share Exchange Agreement (DPW Holdings, Inc.), Share Exchange Agreement (Avalanche International, Corp.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 57, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ibsg International Inc)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th one-tenth of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Convertible Security Agreement (TWO RIVERS WATER & FARMING Co)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyCompany or Mount Tam) issued and outstanding.
Appears in 1 contract
Samples: Convertible Security Agreement (Mount TAM Biotechnologies, Inc.)
Calculations. All calculations under this Section 5 6 shall be made by the Company and shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Warrant Agreement (Legacy Healthcare Properties Trust Inc.)
Calculations. All calculations under this Section 5 1.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 51.5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, share as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the CompanyBorrower) issued and outstanding.
Appears in 1 contract
Samples: Convertible Security Agreement (Ironwood Gold Corp.)
Calculations. All calculations under this Section 5 6 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 56, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 5 shall be -------------- made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th One Hundredth (1/100th) of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (ESP Resources, Inc.)
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding. 5.
Appears in 1 contract
Samples: Warrant Agreement
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Senior Unsecured Convertible Note Purchase Agreement (Vitesse Semiconductor Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding such given date.
Appears in 1 contract
Samples: Convertible Security Agreement (Access Integrated Technologies Inc)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe sale or issuance of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Consulting Agreement (Tablemax Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest 1/100th of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Convertible Security Agreement (Green Ballast, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 1/1OOth of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Convertible Security Agreement (Avant Diagnostics, Inc)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the The number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum of the number of shares of Common Stock (excluding any treasury shares account of the Company) issued , and outstandingthe disposition of any such shares shall be considered an issue or sale of Common Stock.
Appears in 1 contract
Samples: Debenture Agreement (Merix Corp)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th 1/l00th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Sigyn Therapeutics, Inc.)
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyand shares owned by subsidiaries, if any) actually issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered one issue or sale of Common Stock. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding exclude any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Securities Purchase Agreement (Emmaus Life Sciences, Inc.)
Calculations. All calculations under this Section 5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered one issue or sale of Common Stock. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 5 5.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 55.5, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding any treasury unissued shares of the CompanyCorporation) issued and outstanding.
Appears in 1 contract
Samples: Arrangement Agreement (DecisionPoint Systems, Inc.)
Calculations. All calculations under this Section 5 shall be made to the ------------ nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Companyshares, if any) issued and outstanding.
Appears in 1 contract
Samples: Convertible Security Agreement (Trinity Learning Corp)
Calculations. All calculations under this Section 5 and Section 5.1 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 55 and Section 5.1, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Secured Convertible Note (China Water & Drinks Inc..)
Calculations. All calculations under this Section 5 2.5 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 52.5, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Warrant (Mitek Systems Inc)
Calculations. All calculations under this Section 5 4 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 54, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares of the Company) issued and outstanding.
Appears in 1 contract
Samples: Secured Subordinated Promissory Note (Calpian, Inc.)
