Common use of Excluded Issuances Clause in Contracts

Excluded Issuances. For purposes of this Eighth Amended and Restated Warrant, the term “Additional Shares of Common Stock” shall mean all shares of Common Stock issued by the Company or deemed to be issued pursuant to this Section (f)(ii), whether or not subsequently reacquired or retired by the Company other than (1) shares of Common Stock issued upon exercise of this Eighth Amended and Restated Warrant; and (2) shares of Common Stock issued pursuant to the exercise of options, warrants or convertible securities outstanding as of the date this Eighth Amended and Restated Warrant is issued.

Excluded Issuances. For purposes of this Eighth Sixth Amended and Restated Warrant, the term “Additional Shares of Common Stock” shall mean all shares of Common Stock issued by the Company or deemed to be issued pursuant to this Section (f)(ii), whether or not subsequently reacquired or retired by the Company other than (1) shares of Common Stock issued upon exercise of this Eighth Sixth Amended and Restated Warrant; and (2) shares of Common Stock issued pursuant to the exercise of options, warrants or convertible securities outstanding as of the date this Eighth Sixth Amended and Restated Warrant is issued.

Excluded Issuances. For purposes of this Eighth Seventh Amended and Restated Warrant, the term “Additional Shares of Common Stock” shall mean all shares of Common Stock issued by the Company or deemed to be issued pursuant to this Section (f)(ii), whether or not subsequently reacquired or retired by the Company other than (1) shares of Common Stock issued upon exercise of this Eighth Seventh Amended and Restated Warrant; and (2) shares of Common Stock issued pursuant to the exercise of options, warrants or convertible securities outstanding as of the date this Eighth Seventh Amended and Restated Warrant is issued.

Excluded Issuances. For purposes of this Eighth Amended and Restated Warrant, the term “Additional Shares of Common Stock” shall mean all shares of Common Stock issued by the Company or deemed to be issued pursuant to this Section (f)(ii), whether or not subsequently reacquired or retired by the Company other than (1) shares of Common Stock issued upon exercise of this Eighth Amended and Restated Warrant; and (2) shares of Common Stock issued pursuant to the exercise of options, warrants or convertible securities outstanding as of the date this Eighth Amended and Restated Warrant is issued.

Excluded Issuances. For purposes of this Eighth Fifth Amended and Restated Warrant, the term “Additional Shares of Common Stock” shall mean all shares of Common Stock issued by the Company or deemed to be issued pursuant to this Section (f)(ii), whether or not subsequently reacquired or retired by the Company other than (1) shares of Common Stock issued upon exercise of this Eighth Fifth Amended and Restated Warrant; and (2) shares of Common Stock issued pursuant to the exercise of options, warrants or convertible securities outstanding as of the date this Eighth Fifth Amended and Restated Warrant is issued.