Common use of Determination of Outstanding Shares of Common Stock Clause in Contracts

Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock issuable upon the exercise of options, rights, warrants and upon the conversion or exchange of convertible or exchangeable securities.

Appears in 18 contracts

Samples: Warrant Agreement (Delcath Systems Inc), Warrant Agreement (Delcath Systems Inc), Warrant Agreement (Delcath Systems Inc)

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Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock or issuable upon the exercise of options, rights, warrants and upon the conversion or exchange of convertible or exchangeable securities.

Appears in 10 contracts

Samples: Warrant Agreement (National Lampoon Inc), Warrant Agreement (Redline Performance Products Inc), Warrant Agreement (Turbochef Inc)

Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock or issuable upon the exercise of options, rights, warrants and upon the conversion or exchange of convertible or exchangeable securitiessecurities (excluding shares issuable upon the exercise of options and warrants outstanding on the date hereof).

Appears in 7 contracts

Samples: Warrant Agreement (Integcom Corp), Warrant Agreement (Intelli Check Inc), Warrant Agreement (Nephros Inc)

Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock or issuable upon the exercise of options, rights, warrants rights and upon the conversion or exchange of convertible or exchangeable securities.

Appears in 6 contracts

Samples: Stock Option Agreement (Diplomat Ambassador Inc), Stock Option Agreement (Teardrop Golf Co), Stock Option Agreement (Diplomat Ambassador Inc)

Determination of Outstanding Shares of Common Stock. The number ---------------------------------------------------- of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock or issuable upon the exercise of options, rights, warrants and upon the conversion or exchange of convertible or exchangeable securities.

Appears in 4 contracts

Samples: Option Agreement (Aquagenix Inc/De), Option Agreement (Aquagenix Inc/De), Option Agreement (Aquagenix Inc/De)

Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock issuable upon the exercise of options, rights, vested warrants and upon the conversion or exchange of convertible or exchangeable securities.

Appears in 3 contracts

Samples: Warrant Agreement (Precom Technology Inc), Share Exchange Agreement (Precom Technology Inc), Warrant Agreement (Enesco Group Inc)

Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock issuable upon the exercise of options, rights, warrants and upon the conversion or exchange of convertible or exchangeable securities. 8.6.

Appears in 2 contracts

Samples: Warrant Agreement (Ibs Interactive Inc), Warrant Agreement (Internet Financial Services Inc)

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Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock or issuable upon the exercise of options, rights, warrants warrants, and upon the conversion or exchange of convertible or exchangeable securities.

Appears in 2 contracts

Samples: Warrant Agreement (Dwyer Group Inc), Warrant Agreement (Dwyer Group Inc)

Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock issuable upon the exercise of options, rights, warrants and upon the conversion or exchange of convertible or exchangeable securities. 8.7.

Appears in 1 contract

Samples: Warrant Agreement (Delcath Systems Inc)

Determination of Outstanding Shares of Common Stock. The number of shares of Common Stock at any one time outstanding shall include the aggregate number of shares of Common Stock issued and the aggregate number of shares of Common Stock or issuable upon the exercise of options, rights, warrants Options and upon the conversion or exchange of convertible or exchangeable securities.

Appears in 1 contract

Samples: Stock Option Agreement (Teardrop Golf Co)

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