Common use of Definition of Common Stock Clause in Contracts

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Class A voting Common Stock, $.01 par value, in the Amended and Restated Certificate of Incorporation of the Company as of the date hereof, (ii) the class of stock designated as Class B non-voting Convertible Common Stock, $.01 par value, in the Amended and Restated Certificate of Incorporation of the Company as of the date hereof, (iii) any other capital stock of any class or classes (however designated) of the Company the holders of which shall have the right, without limitation as to amount, either to all or to a share of the balance of current dividends and liquidating dividends after the payment of dividends and distributions on any shares entitled to preference and (iv) any other securities into which or for which any of the securities described in clauses (i), (ii) or (iii) above have been converted, exchanged or combined pursuant to a plan of recapitalization, reorganization, merger, sale of assets or otherwise. In the event that the Company shall after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at his or its option, may receive upon exercise of any Warrant either shares of Common Stock or an equal number of such securities with greater or superior voting rights.

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Class A voting Voting Common Stock, $.01 par value, in the Amended and Restated Certificate of Incorporation of the Company as of the date hereof, (ii) the class of stock designated as Class B non-voting Convertible Common Stock, $.01 par value, in the Amended and Restated Certificate of Incorporation Incorporation, as amended, of the Company as of the date hereof, (iii) any other capital stock of any class or classes (however designated) of the Company the holders of which shall have the right, without limitation as to amount, either to all or to a share of the balance of current dividends and liquidating dividends after the payment of dividends and distributions on any shares entitled to preference except the Series A Preferred Stock of the Company and (iv) any other securities into which or for which any of the securities described in clauses (i), (ii) or (iii) above have been converted, exchanged or combined pursuant to a plan of recapitalization, reorganization, merger, sale of assets or otherwise. In the event that the Company shall after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at his or its option, may receive upon exercise of any Warrant either shares of Common Stock or an equal number of such securities with greater or superior voting rights.

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Class A voting Voting Common Stock, $.01 par value, in the Amended and Restated Certificate of Incorporation of the Company as of the date hereof, (ii) the class of stock designated as Class B non-voting Convertible Common Stock, $.01 .0l par value, in the Amended and Restated Certificate of Incorporation Incorporation, as amended, of the Company as of the date hereof, (iii) any other capital stock of any class or classes (however designated) of the Company the holders of which shall have the right, without limitation as to amount, either to all or to a share of the balance of current dividends and liquidating dividends after the payment of dividends and distributions on any shares entitled to preference except the Series A Preferred Stock of the Company and (iv) any other securities into which or for which any of the securities described in clauses (i), (ii) or (iii) above have been converted, exchanged or combined pursuant to a plan of recapitalization, reorganization, merger, sale of assets or otherwise. In the event that the Company shall after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at his or its option, may receive upon exercise of any Warrant either shares of Common Stock or an equal number of such securities with greater or superior voting rights.

Definition of Common Stock. For the purpose of this Agreement, the term "Common Stock" shall mean (i) the class of stock designated as Class A voting Voting Common Stock, $.01 .0l par value, in the Amended and Restated Certificate of Incorporation of the Company as of the date hereof, (ii) the class of stock designated as Class B non-voting Convertible Common Stock, $.01 .0l par value, in the Amended and Restated Certificate of Incorporation Incorporation, as amended, of the Company as of the date hereof, (iii) any other capital stock of any class or classes (however designated) of the Company the holders of which shall have the right, without limitation as to amount, either to all or to a share of the balance of current dividends and liquidating dividends after the payment of dividends and distributions on any shares entitled to preference except the Series A Preferred Stock of the Company and (iv) any other securities into which or for which any of the securities described in clauses (i), (ii) or (iii) above have been converted, exchanged or combined pursuant to a plan of recapitalization, reorganization, merger, sale of assets or otherwise. In the event that the Company shall after the date hereof issue securities with greater or superior voting rights than the shares of Common Stock outstanding as of the date hereof, the Holder, at his or its option, may receive upon exercise of any Warrant either shares of Common Stock or an equal number of such securities with greater or superior voting rights.