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

Deemed Issuance of Additional Shares of Common Stock. Except as otherwise provided in Section 3(e)(iv)(A) or 3(e)(iv)(B), in the event the Corporation at any time or from time to time after the Original Issue Date shall issue any Options or Convertible Securities or shall fix a record date for the determination of any holders of any class of securities entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such number) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue or, in case such a record date shall have been fixed, as of the close of business on such record date, provided that in any such case in which additional shares of Common Stock are deemed to be issued:

Appears in 6 contracts

Samples: Conversion Agreement (Small World Kids Inc), Conversion Agreement (Small World Kids Inc), Conversion Agreement (Small World Kids Inc)

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Deemed Issuance of Additional Shares of Common Stock. Except as otherwise provided in Section 3(e)(iv)(A) or 3(e)(iv)(B), in In the event the Corporation Company at any time or from time to time after the Original Issue Date while this Warrant remains outstanding and unexpired in whole or in part shall issue any Options or Convertible Securities or shall fix a record date for the determination of any holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such numberdesigned to protect against dilution) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue issuance or, in case such a record date shall have been fixed, as of the close of business on such record date, provided further that in any such case in which additional shares Additional Shares of Common Stock are deemed to be issued:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Lucas Energy, Inc.), Lucas Energy, Inc., Common Stock Purchase Warrant (Panda Ethanol, Inc.)

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Deemed Issuance of Additional Shares of Common Stock. Except as otherwise provided in Section 3(e)(iv)(A) or 3(e)(iv)(B), in In the event the Corporation Company, at any time or from time to time after the Original Issue Date while this Warrant is outstanding, shall issue any Options or Convertible Securities or shall fix a record date for the determination of any holders of any class of securities then entitled to receive any such Options or Convertible Securities, then the maximum number of shares (as set forth in the instrument relating thereto without regard to any provisions contained therein for a subsequent adjustment of such numberdesigned to protect against dilution) of Common Stock issuable upon the exercise of such Options or, in the case of Convertible Securities and Options therefor, the conversion or exchange of such Convertible Securities, shall be deemed to be Additional Shares of Common Stock issued as of the time of such issue issuance or, in case such a record date shall have been fixed, as of the close of business on such record date, provided further that in any such case in which additional shares Additional Shares of Common Stock are deemed to be issued:

Appears in 2 contracts

Samples: Restructuring Agreement (Emisphere Technologies Inc), Confidential Treatment Requested (Emisphere Technologies Inc)

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