Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 5 contracts
Samples: Warrant Agreement (Paramount Global), Warrant Agreement (Kennedy-Wilson Holdings, Inc.), Warrant Agreement (Kennedy-Wilson Holdings, Inc.)
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i10(f)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 5 contracts
Samples: Investment Agreement (Rhythm Pharmaceuticals, Inc.), Exchange Agreement (Comtech Telecommunications Corp /De/), Business Combination Agreement (Isos Acquisition Corp.)
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i10(f)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution distributions on shares of Common Stock held in its treasury).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Azz Inc), Securities Purchase Agreement (FireEye, Inc.), Securities Purchase Agreement (FireEye, Inc.)
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i10(a), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution distributions on shares of Common Stock held in its treasury).
Appears in 3 contracts
Samples: Business Combination Agreement (Anzu Special Acquisition Corp I), Business Combination Agreement (Tailwind Acquisition Corp.), Business Combination Agreement (Tailwind Acquisition Corp.)
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i11(f)(i), the number of shares of Common Stock outstanding at any time will will: (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the CompanyCorporation’s treasury (unless the Company Corporation pays any dividend or makes any distribution distributions on shares of Common Stock held in its treasury).
Appears in 2 contracts
Samples: Securities Purchase Agreement (APi Group Corp), Securities Purchase Agreement (APi Group Corp)
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i12(f)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Joinder Agreement (M3-Brigade Acquisition II Corp.)
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i10(f)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i5(g)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i10(d)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i8(e)(i), the number of shares of Common Stock outstanding at any time will (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the Company’s treasury (unless the Company pays any dividend or makes any distribution on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Benefitfocus, Inc.)
Determination of the Number of Outstanding Shares of Common Stock. For purposes of Section 5(e)(i11(d)(i), the number of shares of Common Stock outstanding at any time will will: (1) include shares issuable in respect of scrip certificates issued in lieu of fractions of shares of Common Stock; and (2) exclude shares of Common Stock held in the CompanyCorporation’s treasury (unless the Company Corporation pays any dividend or makes any distribution distributions on shares of Common Stock held in its treasury).
Appears in 1 contract
Samples: Registration Rights Agreement (Upland Software, Inc.)
