Determination of Consideration. For purposes of this Subsection 4.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 29 contracts
Samples: Subscription Agreement (Starry Holdings, Inc.), Exclusive License Agreement, Exclusive License Agreement
Determination of Consideration. For purposes of this Subsection 4.4Section 3, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 27 contracts
Samples: Management Consulting Agreement, Warrant Agreement (Dynacast Inc.), Management Consulting Agreement (Dynacast Inc.)
Determination of Consideration. For purposes of this Subsection 4.4, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 12 contracts
Samples: Contribution and Exchange Agreement (RiverRoad Capital Partners, LLC), Contribution and Exchange Agreement (Steinberg Michael), Contribution and Exchange Agreement (Sagrera Ricardo A.)
Determination of Consideration. For purposes of this Subsection 4.4paragraph (d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 12 contracts
Samples: Stock Purchase Warrant (Nextera Enterprises Inc), Stock Purchase Warrant (Nextera Enterprises Inc), Stock Purchase Warrant (Nextera Enterprises Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(d), the consideration received by the Corporation for the issue (or deemed issue) of any Additional Shares of Common Stock shall be computed as follows:
Appears in 9 contracts
Samples: Master Closing Agreement, Form 1 a/A, Series E Preferred Stock Purchase Agreement (Fluidigm Corp)
Determination of Consideration. For purposes of this Subsection 4.4subsection 2(a), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 9 contracts
Samples: Warrant Agreement (Intercept Pharmaceuticals Inc), Common Stock Purchase Warrant (BioAmber Inc.), Warrant Agreement (Westmoreland Coal Co)
Determination of Consideration. For purposes of this Subsection 4.4Section 5, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 8 contracts
Samples: Securities Purchase Agreement (Champions Biotechnology, Inc.), Warrant Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc)
Determination of Consideration. For purposes of this Subsection Section 4.4, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 7 contracts
Samples: Series a Preferred Stock Purchase Agreement (zSpace, Inc.), Preferred Stock Purchase Agreement (Ondas Holdings Inc.), Preferred Stock Purchase Agreement (Ondas Holdings Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 7 contracts
Samples: Subordinated Convertible Note Purchase Agreement, Merger Agreement (Mascoma Corp), Subordinated Convertible Note Purchase Agreement (Mascoma Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(g), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 6 contracts
Samples: Loan and Security Agreement (Outbrain Inc.), Preferred Stock Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 6, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 6 contracts
Samples: Joint Venture Agreement (Winwin Gaming Inc), Joint Venture Agreement (Winwin Gaming Inc), Stock Purchase Agreement (PNV Net Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 5.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 6 contracts
Samples: Share Purchase Agreement (Saunders Acquisition Corp), Exchange Agreement (Franklin Electronic Publishers Inc), Exchange Agreement (Saunders Acquisition Corp)
Determination of Consideration. For purposes of this Subsection 4.42.1(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Auto Data Network), Warrant Agreement (Auto Data Network), Purchase Warrant (Auto Data Network)
Determination of Consideration. For purposes of this Subsection 4.4subsection 4(d), the consideration received by the Corporation for the issue (or deemed issue) of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Fluidigm Corp), Asset Transfer and License Agreement (Cerus Corp)
Determination of Consideration. For purposes of this Subsection 4.4Subsections 2.1(c) and 2.1(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Warrant Agreement (Advance Nanotech, Inc.), Warrant Agreement (Advance Nanotech, Inc.), Warrant Agreement (Advance Nanotech, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ subsection 3(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Annual Report, Common Stock Purchase Warrant (Igi Inc), Common Stock Purchase Warrant (Igi Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 2.3(e), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 5 contracts
Samples: Asset Purchase Agreement (WQN, Inc.), Warrant Agreement (WQN, Inc.), Asset Purchase Agreement (Voip Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section ------------------------------ 2(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Convertible Note (Artesyn Technologies Inc), Warrant Agreement (Switchboard Inc), Convertible Note Agreement (Finestar International LTD)
Determination of Consideration. For purposes of this Subsection 4.4paragraph 5, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Warrant Agreement (Wilsons the Leather Experts Inc), Warrant Agreement (Marathon Fund L P V), Warrant Agreement (Marathon Fund L P V)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Securities Agreement (Emmaus Life Sciences, Inc.), Securities Agreement (Emmaus Life Sciences, Inc.), Securities Agreement (Emmaus Life Sciences, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 2(f), the consideration received by the Corporation for Company in connection with the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Lucas Energy, Inc.), Warrant Agreement (Lucas Energy, Inc.), Warrant Agreement (Panda Ethanol, Inc.)
Determination of Consideration. For purposes purpose of this Subsection 4.4Section 4(d), the consideration received by the Corporation for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc)
Determination of Consideration. For purposes of this Subsection 4.4subsection 3(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 4 contracts
Samples: Warrant Agreement (Igi Inc), Common Stock Purchase Warrant (Igi Inc), Common Stock Purchase Warrant (Igi Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 6, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Securities Agreement (Intelligentias, Inc.), Securities Agreement (Intelligentias, Inc.), Common Stock Purchase Warrant (Oncure Technolgies Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 6.3, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Altus Pharmaceuticals Inc.), Strategic Alliance Agreement (Altus Pharmaceuticals Inc.), Strategic Alliance Agreement (Altus Pharmaceuticals Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.5(f)(iv), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.), Debenture (American Virtual Cloud Technologies, Inc.), Debenture (American Virtual Cloud Technologies, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4paragraph 4(d)(v), the consideration received by the Corporation for the issue (or deemed issue) of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Business Financing Agreement (Rimini Street, Inc.), Business Financing Agreement (Rimini Street, Inc.), Business Financing Agreement (Rimini Street, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section A.5.d, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.2, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Merger Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc), Stock Purchase Agreement (General Devices Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(c), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Entropic Communications Inc), Merger Agreement (Entropic Communications Inc), Agreement and Plan of Merger and Reorganization (Entropic Communications Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 2.1, ------------------------------ the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Warrant Agreement (Finestar International LTD), Warrant Agreement (Artesyn Technologies Inc), Warrant Agreement (Artesyn Technologies Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(c)(i), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Warrant Agreement (Siemens Aktiengesellschaft), Warrant Agreement (Sequenom Inc), Warrant Agreement (Sequenom Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 7.4, the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Warrant Agreement (I Link Inc), Warrant Agreement (Medcross Inc), Warrant Agreement (I Link Inc)
Determination of Consideration. For purposes of this Subsection 4.4section (a), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 3 contracts
Samples: Warrant Agreement (VeriChip CORP), Warrant Agreement (Applied Digital Solutions Inc), Warrant Agreement (Applied Digital Solutions Inc)
Determination of Consideration. For purposes of this Subsection 4.4, paragraph (c) the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock issued (or deemed to be issued) shall be computed as follows:
Appears in 3 contracts
Samples: Securities Agreement (Access Integrated Technologies Inc), Securities Agreement (Access Integrated Technologies Inc), Warrant Agreement (Imedia International Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 6(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Subscription Agreement (Life Medical Sciences Inc), Subscription Agreement (Life Medical Sciences Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (Power Medical Interventions, Inc.), Warrant Agreement (Power Medical Interventions, Inc.)
Determination of Consideration. For purposes of this Subsection 4.45.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Air Liquide Investissements d'Avenir Et De Demonstration), Securities Purchase Agreement (Plug Power Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.d, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Cooperative Agreement (Amyris, Inc.), Cooperative Agreement (Amyris, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 2.4, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (Emtec Inc/Nj), Common Stock Purchase Warrant (Emtec Inc/Nj)
Determination of Consideration. For purposes of this Subsection 4.4Section 2(e) of this Article FOURTH, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.), Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Loan and Security Agreement (Imprivata Inc), Preferred Stock Purchase Agreement (Texoil Inc /Nv/)
Determination of Consideration. For purposes of this Subsection 4.4Section 6(d), the consideration received by the Corporation for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Vulcan Ventures Inc), Stock Purchase Agreement (High Speed Access Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 6.4, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (Provide Commerce Inc), Warrant Agreement (Provide Commerce Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 3.5, the consideration received by the Corporation for Company in connection with the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant to Purchase Common Stock (ERP2 Holdings, LLC), Warrant to Purchase Common Stock (Enterprise Informatics Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(h), the consideration received by the Corporation corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: License Agreement (Orexigen Therapeutics, Inc.), License Agreement (Orexigen Therapeutics, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.5(f)(iv), the consideration received by the Corporation Issuer for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.), Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 1, the consideration received by the Corporation COMPANY for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Exclusive Patent License Agreement (Sigilon Therapeutics, Inc.), Exclusive Patent License Agreement (Sigilon Therapeutics, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock issued (or deemed to be issued) shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (El Capitan Precious Metals Inc), Warrant Agreement (El Capitan Precious Metals Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section B.4.4., the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Consent Agreement (ExamWorks Group, Inc.), Consent Agreement to Loan and Security Agreement (ExamWorks Group, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ Section 6(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc), Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 5.1, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (VerifyMe, Inc.), Warrant Agreement (VerifyMe, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 3.3(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Series B Convertible Preferred Stock Purchase Agreement (Visterra, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Visterra, Inc.)
Determination of Consideration. For purposes of this ------------------------------ Subsection 4.42(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock stock shall be computed as follows:
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc), Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section IV.3(d)(iv), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: First Supplemental Indenture (Sunnova Energy International Inc.), First Supplemental Indenture (Sunnova Energy International Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 3(h), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Amendment Agreement (Sesen Bio, Inc.), Warrant Amendment Agreement (Sesen Bio, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ 2(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc), Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc)
Determination of Consideration. For purposes of this Subsection 4.4subsection 4(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lightspan Partnership Inc), Stock Purchase Agreement (Lightspan Partnership Inc)
Determination of Consideration. For purposes of this Subsection 4.4, the The consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Stock Purchase Warrant (Teltronics Inc), Stock Purchase Warrant (Teltronics Inc)
Determination of Consideration. For purposes of this Subsection 4.42(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Loan and Security Agreement (AtriCure, Inc.), Common Stock Purchase Warrant (AtriCure, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.3, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 2(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Warrant Agreement (Surgicare Inc/De), Warrant Agreement (Banyan Systems Inc)
Determination of Consideration. For purposes of this Subsection 4.42(e) of this Article FOURTH, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.), Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 7E.4(d), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Deferred Pricing Agreement (Citigroup Inc), Deferred Pricing Agreement (On2com Inc)
Determination of Consideration. For purposes of this Subsection 4.43.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: License Agreement (Abpro Corp), License Agreement (Abpro Corp)
Determination of Consideration. For purposes of this Subsection 4.45(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: License Agreement (Cerulean Pharma Inc.), Merger Agreement (At&t Latin America Corp)
Determination of Consideration. For purposes of this ------------------------------ Subsection 4.42(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc), Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(d), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Note Agreement (Cephalon Inc)
Determination of Consideration. For purposes of this Subsection 4.47.4, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Adamas One Corp.)
Determination of Consideration. For purposes of this Subsection 4.4--------------------------------- subsection 2(a), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Senesco Technologies Inc)
Determination of Consideration. For purposes of this Subsection 4.43.9.4(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series C Senior Convertible Preferred Stock Purchase Agreement (Orion Energy Systems, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4, paragraph (b) the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock issued (or deemed to be issued) shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 6(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Merger Agreement (Medical Industries of America Inc)
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ subsection 2(a), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Paragraph 5, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 3.4, the consideration received by the Corporation for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Caladrius Biosciences, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 5.5, the consideration received by the Corporation Company for the issue issuance of any Additional Shares additional shares of Common Stock or Common Stock Equivalents shall be computed as follows:
Appears in 1 contract
Samples: Exchange Agreement (Dynamic Biometric Systems, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 2(b), the ------------------------------ consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Warrant Agreement (Switchboard Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 8, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Wilsons the Leather Experts Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4.3, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock or Common Stock Equivalents shall be computed as follows:
Appears in 1 contract
Samples: Series a 1 Preferred Stock Purchase Agreement (TransBiotec, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section 3, the consideration received by the Corporation Company for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4------------------------------ subsection 2(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section A.6(e), the consideration received by the Corporation for the issue of any Additional Common Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Ign Entertainment Inc)
Determination of Consideration. For purposes of this Subsection 4.44(e), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Letter of Agreement (Cellstar Corp)
Determination of Consideration. For purposes of this Subsection 4.4subsection 6(b), the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 4(c), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock Stock, or in the case of a dividend, the amount received by the holders of capital stock of the Corporation, shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.47.8.1, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series C Preferred Stock and Warrant Purchase Agreement (VirtualScopics, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4Section C.3(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Encore Medical Corp)
Determination of Consideration. For purposes of this Subsection 4.4Section 5(c), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Determination of Consideration. For purposes of this Subsection 4.4§ 3.1, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 4(c), the consideration received by the Corporation for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 2.5, the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock issued (or, pursuant to Section 3.5(C), deemed to be issued) shall be computed as follows:
Appears in 1 contract
Samples: Security Agreement (InterMetro Communications, Inc.)
Determination of Consideration. For purposes of this Subsection 4.4subsection (C)4(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Skyauction Com Inc)
Determination of Consideration. For purposes of this Subsection 4.4Section 4(a), the consideration received by the Corporation Company for the issue issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 3(b), ------------------------------ the consideration received by the Corporation Company for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Contingent Common Stock Purchase Warrant (Prodigy Communications Inc)
Determination of Consideration. For purposes of this Subsection 4.44(d), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:: Continuation Sheet 2I
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Art Technology Group Inc)
Determination of Consideration. For purposes of this Subsection Section 4.4, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Aduro Biotech, Inc.)
Determination of Consideration. For purposes of this Subsection 4.44.3, the consideration received by the Corporation for the issue of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract
Samples: Business Combination Agreement (Pioneer Merger Corp.)
Determination of Consideration. For purposes of this Subsection 4.4Section C(4), the consideration received by the Corporation for the issue of any Additional Shares of Common Stock issued (or deemed issued pursuant to Section C(4)(b)) shall be computed as follows:
Appears in 1 contract
Determination of Consideration. For purposes of this Subsection 4.4Section 4, the consideration received by the Corporation Company for the issue issuance or deemed issuance of any Additional Shares of Common Stock shall be computed as follows:
Appears in 1 contract