Certain Shares Excluded. The number of shares of Common Stock outstanding at any given time for purposes of the adjustments set forth in this Section 5 shall exclude any shares then directly or indirectly held in the treasury of the Company.
Appears in 71 contracts
Samples: Note Exchange Agreement (Cell Source, Inc.), Securities Purchase Agreement (CurAegis Technologies, Inc.), Common Stock Purchase Warrant (CurAegis Technologies, Inc.)
Certain Shares Excluded. The number of shares of Common Stock outstanding at any given time for purposes of the adjustments set forth in this Section 5 4 shall exclude any shares then directly or indirectly held in the treasury of the Company.
Appears in 10 contracts
Samples: DecisionPoint Systems, Inc., Pershing Gold Corp., Asset Purchase Agreement (Autobytel Inc)
Certain Shares Excluded. The number of shares of Common Stock outstanding at any given time for purposes of the adjustments set forth in this Section 5 4.4 shall exclude any shares then directly or indirectly held in the treasury of the Company.
Appears in 6 contracts
Samples: Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agency Agreement (Medovex Corp.)
Certain Shares Excluded. The number of shares of Common Stock outstanding at any given time for purposes of the adjustments set forth in this Section 5 3 shall exclude any shares then directly or indirectly held in the treasury of the Company.
Appears in 3 contracts
Samples: Warrant Agreement (ETHEMA HEALTH Corp), Warrant Agreement (ETHEMA HEALTH Corp), Warrant Agreement (Greenestone Healthcare Corp)
Certain Shares Excluded. The number of shares of Common Stock outstanding at any given time for purposes of the adjustments set forth in this Section 5 7 shall exclude any shares then directly or indirectly held in the treasury of the Company.
Appears in 2 contracts
Samples: Loan and Security Agreement (Daegis Inc.), Loan and Security Agreement (Unify Corp)
Certain Shares Excluded. The number of shares of Common Stock outstanding at any given time for purposes of the adjustments set forth in this Section 5 2 shall exclude any shares then directly or indirectly held in the treasury of the Company.
Appears in 1 contract
Samples: IZEA, Inc.
Certain Shares Excluded. The number of shares of Common Stock outstanding at any given time for purposes of the adjustments set forth in this Section 5 6 shall exclude any shares then directly or indirectly held in the treasury of the CompanyCorporation.
Appears in 1 contract
