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: Assignment Form (AeroGrow International, Inc.), Assignment Form (AeroGrow International, Inc.), 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: Agreement (Bion Environmental Technologies Inc), Telecom Wireless Corp/Co, 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: MAGELLAN GOLD Corp, MAGELLAN GOLD Corp, 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 (Bion Environmental Technologies Inc), Agreement (Bion Environmental Technologies Inc), Agreement (Bion Environmental Technologies 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: Vitro Biopharma, Inc., Vitro Biopharma, 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 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: MAGELLAN GOLD Corp, MAGELLAN GOLD Corp
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 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
Samples: Retrac Medical 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 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
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
Samples: Virginia Commerce Bancorp 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
Samples: Apac Customer Service Inc
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
Samples: United Financial Mortgage Corp
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
Samples: Global Casinos 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 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: Golden Minerals Co