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 52 contracts

Samples: Warrant Agreement (Nexx Systems Inc), Warrant Agreement (Homeaway Inc), Warrant Agreement (Homeaway 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: Warrant Agreement (Cardiodynamics International Corp), Warrant Agreement (Sonic Innovations Inc), Warrant Agreement (Consilium 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), Warrant Agreement (Irobot 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 3 contracts

Samples: Warrant Agreement (Teknowledge Corp), Warrant Agreement (Teknowledge Corp), Warrant Agreement (Teknowledge 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 upon conversion or exercise of a Convertible Security (other than a Convertible Security Issued pursuant to an Option) shall be deemed Issued upon Issuance 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: Warrant Agreement (Websidestory Inc)

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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)

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: Warrant 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: Warrant Agreement (Websidestory Inc)

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