Common use of Definition of Shares Clause in Contracts

Definition of Shares. “Shares” shall mean shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”)

Appears in 8 contracts

Samples: Note and Warrant Purchase Agreement (Miso Robotics, Inc.), Note and Warrant Purchase Agreement (Miso Robotics, Inc.), Note and Warrant Purchase Agreement (Miso Robotics, Inc.)

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Definition of Shares. Shares" shall mean shares of the Company’s 's common stock, par value $0.0001 per share (the "Common Stock"), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”).

Appears in 6 contracts

Samples: Quantenna Communications Inc, Quantenna Communications Inc, Quantenna Communications Inc

Definition of Shares. The term “Shares” shall mean and include any and all shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), as described in the Third Amended and Restated Certificate Stock and/or shares of Incorporation Preferred Stock of the Company dated February 6by whatever name called, 2018 which carry voting rights (the “Certificate including voting rights which arise by reason of Incorporation”)default) and shall include any shares now owned or subsequently acquired by a Stockholder, however acquired, including without limitation by stock splits and stock dividends.

Appears in 2 contracts

Samples: Stockholders Agreement (Cempra Holdings, LLC), Stockholders Agreement (Optimer Pharmaceuticals Inc)

Definition of Shares. As used in this Agreement, "Shares" shall mean and include all shares of the Company’s common stock, par value $0.0001 per share (Preferred Stock or the Common Stock”), now owned or hereafter acquired by the Investor and all shares of Common Stock now owned or hereafter acquired by a Current Shareholder. Other terms used as described defined terms herein and not otherwise defined shall have the meanings set forth in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”)Purchase Agreement.

Appears in 2 contracts

Samples: Redemption Agreement (Lets Talk Cellular & Wireless Inc), Redemption Agreement (Lets Talk Cellular & Wireless Inc)

Definition of Shares. “Shares” shall mean shares of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”)share.

Appears in 2 contracts

Samples: Micron Solutions Inc /De/, Arrhythmia Research Technology Inc /De/

Definition of Shares. “Shares” shall mean shares the common stock of the Company’s common stock, par value $0.0001 per share Company (the “Common Stock”), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”).

Appears in 2 contracts

Samples: Off Agreement (Organovo Holdings, Inc.), Organovo Holdings, Inc.

Definition of Shares. “Shares” shall mean shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”).

Appears in 1 contract

Samples: CONTRAFECT Corp

Definition of Shares. As used in this Agreement, "Shares" shall mean and include all shares of the Company’s common stock, par value $0.0001 per share (the “'s Common Stock”), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”)now owned or hereafter acquired by a Shareholder.

Appears in 1 contract

Samples: Shareholders' Agreement (Lets Talk Cellular & Wireless Inc)

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Definition of Shares. “Shares” shall mean shares of the Company’s common stockSeries A-1 Preferred Stock, par value $0.0001 per share (the “Common Series A-1 Preferred Stock”), as described in the Third Eighth Amended and Restated Certificate of Incorporation of the Company dated February January 3, 2023, along with the Certificate of Designation dated March 6, 2018 2023, as corrected by the Certificate of Correction dated March 9, 2023 (the “Certificate of Incorporation”), or any subsequently authorized shares of preferred stock of the Company (the “Other Preferred Stock”).

Appears in 1 contract

Samples: Miso Robotics, Inc.

Definition of Shares. “Shares” shall mean shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), as described in the Third Eighth Amended and Restated Certificate of Incorporation of the Company dated February 6January 3, 2018 2023 (the “Certificate of Incorporation”)

Appears in 1 contract

Samples: Miso Robotics, Inc.

Definition of Shares. “Shares” shall mean shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”)share.

Appears in 1 contract

Samples: CONTRAFECT Corp

Definition of Shares. The term "Shares" shall mean and include any and all shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), as described in the Third Amended and Restated Certificate Stock and/or shares of Incorporation Preferred Stock of the Company dated February 6by whatever name called, 2018 which carry voting rights (the “Certificate including voting rights which arise by reason of Incorporation”)default) and shall include any shares now owned or subsequently acquired by a Stockholder, however acquired, including without limitation by stock splits and stock dividends.

Appears in 1 contract

Samples: Stockholders Agreement (Optimer Pharmaceuticals Inc)

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