Common use of Definition of New Securities Clause in Contracts

Definition of New Securities. “New Securities” shall mean any shares of Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options, or warrants to purchase such shares of Common Stock or Preferred Stock, and all other securities having equity features, such as convertible notes or notes issued in conjunction with options or warrants; provided that “New Securities” shall not include:

Definition of New Securities. Except as set forth below, “New Securities” shall mean any shares of Common Stock or Preferred Stock capital stock of the Company, including Common Stock and Preferred Stock, whether now authorized or not, and rights, options, options or warrants to purchase such said shares of Common Stock or Preferred Stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become, convertible notes into said shares of Common Stock or notes issued in conjunction with options or warrants; provided that Preferred Stock. Notwithstanding the foregoing, “New Securities” shall does not include:

Definition of New Securities. “New Securities” " shall mean ---------------------------- any shares of Common Stock or Preferred Stock capital stock of the Company, Company whether now authorized or not, and rights, options, options or warrants to purchase such shares capital stock and securities of Common Stock any type whatsoever that are, or Preferred Stockmay become, and all other securities having equity features, such as convertible notes or notes issued in conjunction with options or warrantsinto capital stock; provided that “the term "New Securities” shall " does not includeinclude the following:

Definition of New Securities. Except as set forth below, “New Securities” shall mean any shares of Common Stock equity or Preferred Stock equity-linked securities of the Company, including Common Stock, whether now authorized or not, and rights, options, options or warrants to purchase such said shares of Common Stock or Preferred Stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become, convertible notes or notes issued in conjunction with options or warrants; provided that into said shares of Common Stock. Notwithstanding the foregoing, “New Securities” shall does not include:

Definition of New Securities. “New Securities” " shall mean any shares of Common Stock or Preferred Stock ---------------------------- capital stock of the Company, Company whether now authorized or not, and rights, options, options or warrants to purchase such shares of Common Stock or Preferred Stockcapital stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become convertible notes into or notes exchangeable for capital stock, issued in conjunction with options on or warrantsafter the Closing; provided that “the term "New Securities” shall " does not -------- include:

Definition of New Securities. “New Securities” " shall mean any shares of Common Stock or Preferred Stock of the Companycapital stock, whether now authorized or not, and any rights, options, options or warrants to purchase such shares of Common Stock or Preferred Stocksubscribe for capital stock, and all any securities or other securities having equity featuresinstruments of any type whatsoever that are, such as or may become, convertible notes into or notes exchangeable for capital stock, which are issued in conjunction with options or warrantsfor cash; provided provided, however, that “"New Securities” " shall not include:include (i) securities offered and sold by the Company pursuant to a Public Offering (as hereinafter defined); (ii)

Definition of New Securities. “New Securities” shall mean any shares capital stock (including common stock and/or preferred stock) of Common Stock or Preferred Stock of the Company, OAH whether now authorized or not, and rights, options, options or warrants to purchase such shares of Common Stock or Preferred Stockcapital stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become, convertible notes or notes issued in conjunction with options or warrantsinto capital stock; provided that the term “New Securities” shall does not include:include any securities of OAH issuable upon exercise of the Warrants.

Definition of New Securities. Except as set forth below, “New Securities” shall mean any shares of Common Stock or Preferred Stock capital stock of the Company, including Common Stock and Preferred Stock, whether now authorized or not, and rights, options, options or warrants to purchase such said shares of Common Stock or Preferred Stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become, convertible notes into said shares of Common Stock or notes issued in conjunction with options or warrants; provided that Preferred Stock. Notwithstanding the foregoing, “New Securities” shall does not include:include any securities that are “Excluded Stock” as defined in the Restated Certificate.

Definition of New Securities. “(a) Subject to Section 3.2(b), "New Securities” shall mean " means any security (including but not limited to shares of Common Stock or Preferred Stock of the CompanyStock, whether now authorized or not, and rights, options, options or warrants to purchase such shares of Common Stock or Preferred Stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become, convertible notes into shares of Common Stock or notes issued in conjunction with options or warrants; provided Preferred Stock) that “New Securities” shall not include:TeraComm issues after the date of this Agreement.

Definition of New Securities. “Except as set forth below, "New ---------------------------- --- Securities” " shall mean any shares of Common Stock or Preferred Stock capital stock of the Company, including ---------- Common Stock and Preferred Stock, whether now authorized or not, and rights, options, options or warrants to purchase such said shares of Common Stock or Preferred Stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become, convertible notes into said shares of Common Stock or notes issued in conjunction with options Preferred Stock. Notwithstanding the foregoing, "New --- Securities" does not include (i) the Preferred Shares or warrants; provided that “New Securities” shall not include:the Conversion Shares, ----------

Definition of New Securities. “New Securities” " shall mean any shares of Common Stock or Preferred Stock capital ---------------------------- stock of the Company, Company whether now authorized or not, and rights, options, options or warrants to purchase such shares of Common Stock or Preferred Stockcapital stock, and all other securities having equity featuresof any type whatsoever that are, such as or may become convertible notes into or notes exchangeable for capital stock, issued in conjunction with options on or warrantsafter the date hereof; provided that “the term "New Securities” shall " does not -------- include:

Definition of New Securities. “New Securities” NEW SECURITIES" shall mean any shares of Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options, or warrants to purchase such shares of Common Stock or Preferred StockConvertible Securities, and all other securities having equity features, such as convertible notes or notes issued in conjunction with options or warrants; provided that “New Securities” shall not include:securities

Definition of New Securities. “New Securities” shall mean means any shares of Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options, options or warrants to purchase such shares of Common Stock or Preferred Stock, and all any other securities having equity featuresof any type whatsoever, including without limitation convertible debt, that are, or may become, convertible or exchangeable into such as convertible notes Common Stock or notes issued in conjunction with options or warrantsPreferred Stock; provided provided, however, that the term “New Securities” shall does not include:

Definition of New Securities. “New Securities” shall mean any shares of Common Stock or Preferred Stock capital stock of the Company offered in a financing transaction with the primary purpose of raising capital for the Company, whether now authorized or notincluding Common Stock and preferred stock, and rights, options, options or warrants to purchase such shares of Common Stock or Preferred Stockpreferred stock, and all securities of any type whatsoever that are, or may become, convertible into shares of Common Stock or preferred stock, other securities having equity features, such as convertible notes or notes issued in conjunction with options or warrants; provided that “New Securities” shall not includethan: