Common Stock Defined. Whenever reference is made in this paragraph 12 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 9 contracts
Samples: Warrant Agreement (Global Casinos Inc), Warrant Agreement (SRKP 16 Inc), Warrant Agreement (Global Casinos Inc)
Common Stock Defined. Whenever reference is made in this paragraph 12 Section (f) to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 Section (i) hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 4 contracts
Samples: Convertible Promissory Note Agreement (Bion Environmental Technologies Inc), Warrant Agreement (Telecom Wireless Corp/Co), Warrant Agreement (Telecom Wireless Corp/Co)
Common Stock Defined. Whenever reference is made in this paragraph 12 6(e) to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 6 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 4 contracts
Samples: 3% Secured Convertible Promissory Note (MAGELLAN GOLD Corp), Convertible Promissory Note (MAGELLAN GOLD Corp), Convertible Promissory Note (Athena Silver Corp)
Common Stock Defined. Whenever reference is made in this paragraph 12 Section (f) -------------------- to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 Section (i) hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 3 contracts
Samples: Credit Facility Agreement (Bion Environmental Technologies Inc), Installation Agreement (Bion Environmental Technologies Inc), Installation Agreement (Bion Environmental Technologies Inc)
Common Stock Defined. Whenever reference is made in this paragraph 12 Section (d) to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 Section (e) hereof, shares issuable upon exercise hereof of this Warrant shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Homelife Inc), Asset Purchase Agreement (Homelife Inc)
Common Stock Defined. Whenever reference is made in this paragraph 12 to the issue or sale of shares of Common Stock, the term "“Common Stock" ” shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Vitro Biopharma, Inc.), Warrant Agreement (Vitro Biopharma, Inc.)
Common Stock Defined. Whenever reference is made in this paragraph Paragraph 12 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph Paragraph 12 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 2 contracts
Samples: Stock Purchase Warrant (MAGELLAN GOLD Corp), Warrant Agreement (MAGELLAN GOLD Corp)
Common Stock Defined. Whenever reference is made in this paragraph 12 -------------------- Section to the issue or sale of shares of Common Stockstock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 hereof, shares issuable upon exercise hereof of the Warrant shall include only shares of the class designated by the Company as Common Stock of the Company as of the date hereof.
Appears in 1 contract
Common Stock Defined. Whenever reference is made in this paragraph 12 Section to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 Section 10 hereof, shares issuable upon exercise hereof of the Warrants shall include only shares of the class designated by the Company as Common Stock of the Company as of the date hereof.
Appears in 1 contract
Common Stock Defined. Whenever reference is made in this paragraph 12 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph Section 12 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 1 contract
Common Stock Defined. Whenever reference is made in this paragraph 12 Section 7 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock include any equity securities of any class of Holdings hereinafter authorized which shall not be limited to a fixed or determinable amount in respect of the Company right of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject holders thereof to the provisions of paragraph 12 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.participate in dividends or
Appears in 1 contract
Common Stock Defined. Whenever reference is made in this paragraph 12 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 1 contract
Samples: Stock Purchase Warrant (Biomedical Technology Solutions Holdings Inc)
Common Stock Defined. Whenever reference is made in this paragraph 12 Section to the issue or sale of shares of Common Stock, the term "“Common Stock" ” shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 hereof, shares issuable upon exercise conversion hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 1 contract
Samples: Senior Secured Convertible Note (Golden Minerals Co)
Common Stock Defined. Whenever reference is made in this paragraph 12 Section 6 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company Bank of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 Section 8 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company Bank as of the date hereof.
Appears in 1 contract
Common Stock Defined. Whenever reference is made in this paragraph 12 Section -------------------- 2 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company USBA of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 Section 6 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company USBA as of the date hereof.
Appears in 1 contract
Samples: Marketing Agreement (JMC Group Inc)
Common Stock Defined. Whenever reference is made in this paragraph 12 -------------------- Section 7 to the issue or sale of shares of Common Stock, the term "Common Stock" shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 Section 10 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 1 contract
Samples: Marketing Agreement (JMC Group Inc)
Common Stock Defined. Whenever reference is made in this paragraph 12 Section (f) to the issue or sale of shares of Common Stock, the term "“Common Stock" ” shall mean the Common Stock of the Company of the class authorized as of the date hereof and any other class of stock ranking on a parity with such Common Stock. However, subject to the provisions of paragraph 12 hereof, shares issuable upon exercise hereof shall include only shares of the class designated as Common Stock of the Company as of the date hereof.
Appears in 1 contract