Common use of Deemed Issuance of Additional Common Shares Clause in Contracts

Deemed Issuance of Additional Common Shares. The shares of common stock ultimately Issuable upon exercise of an Option (including the shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 51 contracts

Samples: Anti Dilution Agreement (Homeaway Inc), Business Financing Modification Agreement (Teknowledge Corp), Registration Rights Agreement (Revcare Inc)

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Deemed Issuance of Additional Common Shares. The shares of common ------------------------------------------- stock ultimately Issuable upon exercise of an Option (including the shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 7 contracts

Samples: Antidilution Agreement (Digital Insight Corp), Antidilution Agreement (Anchor Pacific Underwriters Inc), Valley Bank Antidilution Agreement (Netplex Group Inc)

Deemed Issuance of Additional Common Shares. The shares of common stock Common Stock ultimately Issuable issuable upon exercise of an Option (including the shares of common stock Common Stock ultimately Issuable issuable upon conversion or exercise of a Convertible Security Issuable issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock Common Stock ultimately Issuable issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock Issuable Common Stock issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 5 contracts

Samples: Antidilution Agreement (Bluestone Software Inc), Loan and Security Agreement (Opus360 Corp), Accounts Receivable Financing Agreement (Mercator Software Inc)

Deemed Issuance of Additional Common Shares. The shares of common stock ultimately Issuable upon exercise of an Option (including the shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities. 3.

Appears in 4 contracts

Samples: Registration Rights Agreement (Teknowledge Corp), Registration Rights Agreement (Teknowledge Corp), Teknowledge Corp

Deemed Issuance of Additional Common Shares. The shares of common stock Common Stock ultimately Issuable upon exercise of an Option (including the shares of common stock Common Stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock Common Stock ultimately Issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock Common Stock Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 3 contracts

Samples: Debenture and Warrant Purchase Agreement (Iteris Holdings Inc), Odetics Inc, Iteris Holdings Inc

Deemed Issuance of Additional Common Shares. The shares of common stock ultimately Issuable upon exercise of an Option (including the shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.. Greyrock Capital Antidilution Agreement --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Antidilution Agreement (P Com Inc)

Deemed Issuance of Additional Common Shares. The shares of common stock ultimately Issuable issuable upon exercise of an Option (including the shares of common stock ultimately Issuable issuable upon conversion or exercise of a Convertible Security Issuable issuable pursuant to an Option) are deemed to be Issued issued when the Option is Issuedissued. The shares of common stock ultimately Issuable issuable upon conversion or exercise of a Convertible Security (other than then a Convertible Security Issued issued pursuant to an Option) shall be deemed Issued issued upon Issuance issuance of the Convertible Security. The maximum amount of common stock Issuable issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 1 contract

Samples: Acknowledgement and Agreement (Omniture, Inc.)

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Deemed Issuance of Additional Common Shares. The shares of common stock ultimately Issuable upon exercise of an Option (including the shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock 8 Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 1 contract

Samples: Antidilution Agreement (Wavo Corp)

Deemed Issuance of Additional Common Shares. The shares of common stock ultimately Issuable upon exercise of an Option (including the shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock ultimately Issuable issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance Is . issuance of the Convertible Security. The maximum amount of common stock Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 1 contract

Samples: Antidilution Agreement (Viewlocity Inc)

Deemed Issuance of Additional Common Shares. The shares of common stock ultimately Issuable issuable upon exercise of an Option (including the shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security Issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock ultimately Issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount number of shares of common stock Issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities.

Appears in 1 contract

Samples: Dilution Agreement (Websidestory Inc)

Deemed Issuance of Additional Common Shares. The shares of common stock Common Stock ultimately Issuable issuable upon exercise of an Option (including the shares of common stock Common Stock ultimately Issuable issuable upon conversion or exercise of a Convertible Security Issuable issuable pursuant to an Option) are deemed to be Issued when the Option is Issued. The shares of common stock Common Stock ultimately Issuable issuable upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance of the Convertible Security. The maximum amount of common stock Issuable Common Stock issuable is determined without regard to any future adjustments permitted under the instrument creating the Options or Convertible Securities. 2 3.

Appears in 1 contract

Samples: Antidilution Agreement (Eprise Corp)

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