Common use of New Securities Clause in Contracts

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any Common Stock Preferred Shares, Ordinary Shares or Preferred Stock other voting shares of the Company, whether now authorized or not, Company and rights, options or warrants to purchase such Common Stock or Preferred StockShares, Ordinary Shares and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock Preferred Shares, Ordinary Shares or Preferred Stock; other voting shares, provided, however, that the term “New Securities” does shall not include:

New Securities. “New Securities” " shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” NEW SECURITIES" shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” NEW SECURITIES" shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; providedPROVIDED, howeverHOWEVER, that the term “"New Securities” does not include" DOES NOT INCLUDE:

New Securities. “New Securities” shall mean any shares of Common Stock or Preferred Stock of the CompanyStock, whether or not now authorized or notauthorized, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible into or exchangeable into for such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any Common Stock common stock or Preferred Stock preferred stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock common stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock common stock or Preferred preferred Stock; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the CompanyStock, whether now authorized or not, whether issued pursuant to a Public Offering or Private Offering, and rightsoptions, options warrants, restricted stock units or warrants other rights to purchase or acquire such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any Common Stock or -------------- -------------- Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that -------- ------- the term “"New Securities” " does not include:: ---- --- -------

New Securities. “New Securities” shall mean any Common Preferred Stock or Preferred Stock of the CompanyCommon Stock, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any Common Stock, Preferred Stock or Preferred Stock other voting capital stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock, Preferred Stock or Preferred Stock; other capital stock, provided, however, that the term “"New Securities” does " shall not include:

New Securities. “New Securities” shall mean means any Common Stock or Preferred Stock shares of capital stock of the Company, including Common Stock and Preferred Stock, whether now authorized or not, and rights, options options, or warrants to purchase such Common Stock or Preferred Stocksaid shares of capital stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockcapital stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any Common Stock or Preferred -------------- -------------- Class B Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Class B Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Class B Stock; provided, however, that the term “"New -------- ------- Securities” " does not include:: ---- --- -------

New Securities. “New Securities” " shall mean any Common Stock preferred stock or Preferred Stock any other equity and equity-related securities of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock preferred stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock preferred stock or Preferred Stock; other securities of the Company, provided, however, that the term “"New Securities” does " shall not include:

New Securities. “New Securities” shall mean any Series A Preferred Stock, Common Stock or Preferred Stock other voting capital stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Series A Preferred Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Series A Preferred Stock, Common Stock or Preferred Stock; other capital stock, provided, however, that the term “New Securities” does shall not include:

New Securities. “(a) "New Securities” " shall mean any Common Stock or Preferred Stock preferred stock of the Company, whether now authorized or not, not and rights, options or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockpreferred stock; provided, provided however, that the term “"New Securities” " does not include:

New Securities. “New Securities” shall mean any Common Stock common or Preferred Stock preferred shares of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock common or Preferred Stockpreferred shares, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock common or Preferred Stockpreferred shares; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any Common Stock Stock, preferred stock or Preferred Stock other security of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock Stock, preferred stock or Preferred Stockother security, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock Stock, preferred stock or Preferred Stockother security; provided, however, that the term “New Securities” does not include:include any securities excluded from the definition of “Additional Shares of Common Stock” under Section 6.8(b)(i) of the Restated Certificate.

New Securities. “New Securities” shall mean " means any Common Stock Stock, preferred stock or Preferred Stock other voting capital stock or security of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stockpreferred stock or other voting capital stock or security, and securities of any type whatsoever that are, or may become, convertible into or exchangeable into such or exercisable for Common Stock Stock, preferred stock or Preferred Stockother voting capital stock or security; provided, however, that the term “"New Securities” does " shall not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock preferred stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever whatsoever, including notes or other debt instruments, that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockpreferred stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the CompanyStock, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:include any securities excluded from the definition of “Additional Shares of Common Stock” under Section 6.9(b)(i) of the Restated Certificate.

New Securities. “New Securities” " shall mean any Common Stock or -------------- Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that -------- ------- the term “"New Securities” " does not include:: ---- --- -------

New Securities. “New Securities” " shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred StockStock issued after the date hereof, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock, unless waived by PMF; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any shares of Common Stock or Preferred Stock preferred stock of the Company, whether or not now authorized or notauthorized, and rights, options or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockpreferred stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any shares of Common Stock or Preferred Stock of the Company, whether or not now authorized or notauthorized, and rights, options options, or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:include securities (issued or issuable upon the exercise or conversion thereof):

New Securities. “New Securities” " shall mean any Common Stock common or Preferred Stock preferred shares of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock common or Preferred Stockpreferred shares, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock common or Preferred Stockpreferred shares; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” " shall mean any Common Stock or -------------- -------------- Preferred Stock of the CompanyStock, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, debt securities (other than pursuant to capital leases, real property leases or indebtedness to banks or other financial institutions), and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “"New Securities” " does not include:: -------- ------- ----------------

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock preferred stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockpreferred stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any offering by the Company of any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rightsright, options or warrants to purchase such said Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such said Common Stock or Preferred Stock; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” shall mean any shares of Common Stock or Preferred Stock preferred stock of the Company, whether or not now authorized or notauthorized, and rights, options options, or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockpreferred stock; provided, however, provided that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever whatsoever, including notes or other debt instruments, that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and any rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever whatsoever, including notes or other debt instruments, that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any Common Stock Preferred Shares, Ordinary Shares or Preferred Stock other Shares of the Company, whether now authorized or not, and or rights, options or warrants to purchase such Common Stock said equity securities, or Preferred Stock, and securities of any type class whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; said equity securities, provided, however, that the term “New Securities” does shall not include:

New Securities. “New Securities” " shall mean any Common Stock or Preferred Stock preferred stock of the Company, whether now authorized or not, and rights, rights options or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever whatsoever, including notes or other debt instruments, that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockpreferred stock; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” " shall mean any Common Stock -------------- -------------- or Preferred Stock preferred stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stockpreferred stock; provided, provided however, that -------- ------- the term “"New Securities” " does not include:: ---- --- -------

New Securities. “New Securities” " shall mean any Common Stock, Preferred Stock or Preferred Stock other voting capital stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock, 14 SCHEDULE 13D Page 42 of __ Preferred Stock or Preferred Stockother capital stock; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the CompanyStock, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any Common Stock or Preferred Stock of the Company, regardless of whether now authorized or notauthorized, and convertible securities, rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any shares of Common -------------- Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such shares of Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such shares of Common Stock or Preferred Stock; provided, however, that the term “"New Securities” " does not include:: ---- --- -------

New Securities. “New Securities” shall mean any Common Stock common stock or Preferred Stock preferred stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock common stock or Preferred Stockpreferred stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock common stock or Preferred Stockpreferred stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any shares of Common Stock of the Company or shares of any series of Preferred Stock of the CompanyCompany (collectively the “Preferred Stock”), whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any Common Stock or -------------- -------------- Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock, whether with or without consideration; provided, however, that the term “"New Securities” " does not -------- ------- ---- --- include:: -------

New Securities. “New Securities” " shall mean any Common Stock, Preferred Stock or Preferred Stock other voting capital stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible into or exchangeable into or exercisable for such Common Stock, Preferred Stock or Preferred Stockother voting capital stock; provided, however, that the term “"New Securities” does " shall not include:

New Securities. “New Securities” " shall mean any Common Stock or -------------- Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that -------- ------- the term “"New Securities” " does not include:: ----------------

New Securities. “New Securities” NEW SECURITIES" shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, provided however, that the term “"New Securities” " does not include:

New Securities. “New Securities” shall mean " means any Common Stock, Preferred Stock or Preferred Stock other voting capital stock or security of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred StockStock or other voting capital stock or security, and securities of any type whatsoever that are, or may become, convertible into or exchangeable into such or exercisable for Common Stock, Preferred Stock or Preferred Stockother voting capital stock or security; provided, however, that the term “"New Securities” does " shall not include:

New Securities. “New Securities” shall mean any shares of Common Stock of the Company or shares of any series of Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” shall mean any shares of Common Stock of the Company, shares of Nonvoting Common Stock of the Company or shares of any series of Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock, Nonvoting Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock, Nonvoting Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include:

New Securities. “New Securities” " shall mean any offering by the Company of any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such said Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such said Common Stock or Preferred Stock; provided, however, that the term “"New Securities” " does not include:

New Securities. “New Securities” " shall mean any Common Stock Preferred Shares or Preferred Stock any other equity and equity-related securities of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock Preferred Shares or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock Preferred Shares or Preferred Stock; other securities of the Company, provided, however, that the term “"New Securities” does " shall not include: