Common use of Number of Shares of Stock Clause in Contracts

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock held by an Investor or Stockholder, the number of shares deemed to be held by an Investor or Stockholder shall be the total number of shares of Common Stock then owned by such Investor or Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder.

Appears in 3 contracts

Samples: Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Stockholders Agreement (GlassHouse Technologies Inc)

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Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), or Preferred Stock then issued and outstanding or owned by such Investor or Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholderas applicable.

Appears in 3 contracts

Samples: Stockholders Agreement (Alon USA Energy, Inc.), Stockholders Agreement (Alon Israel Oil Company, Ltd.), Stockholders Agreement (Alon USA Energy, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Capital Stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or that Stockholder, plus as applicable, plus, without duplication, the total number of shares of Common Stock issuable upon the conversion of any Preferred Stock then issued and outstanding or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder, as applicable.

Appears in 3 contracts

Samples: Stockholders' Agreement, Stockholders Agreement (G1 Therapeutics, Inc.), Stockholders Agreement (G1 Therapeutics, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or the Stockholder, plus as applicable, plus, without duplication, the total number of shares of Common Stock issuable upon the conversion of any Preferred Stock then issued and outstanding or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder, as applicable.

Appears in 2 contracts

Samples: Stockholders Agreement (Quanterix Corp), Stockholders Agreement (Quanterix Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, unless specifically stated otherwise, as applicable, shall be the total number of shares of Common Stock then owned issued and outstanding or Beneficially Owned by such Investor or the Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholderas applicable.

Appears in 2 contracts

Samples: Stockholders Agreement (Intapp, Inc.), Stockholders Agreement (Intapp, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock held by an Investor or any Stockholder, the number of shares deemed to be held by an Investor or such Stockholder shall be the total number of shares of Common Stock then owned by such Investor or Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities (including Preferred Stock) or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder.

Appears in 1 contract

Samples: Stockholders Agreement (Ulthera Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock held by an Investor or a Stockholder, the number of shares deemed to be held by an Investor or a Stockholder shall be the total number of shares of Common Stock then owned by such Investor or Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Series C Preferred Stock and Series D Preferred Stock, or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor Stockholder or StockholderInvestor.

Appears in 1 contract

Samples: Stockholders Agreement (Metropcs California/Florida Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or Stockholdera Holder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Holder, unless specifically stated otherwise, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or Stockholderthe Holder, plus as applicable, plus, without duplication, the total number of shares of Common Stock issuable upon the conversion of any Preferred Stock then issued and outstanding or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or StockholderHolder, as applicable.

Appears in 1 contract

Samples: Stockholders' Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock held by a Stockholder or an Investor or StockholderInvestor, the number of shares deemed to be held by an that Stockholder or Investor or Stockholder shall be the total number of shares of Common Stock then owned by such Investor the Stockholder or StockholderInvestor, plus the total number of shares of Common Stock issuable upon the conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder.or

Appears in 1 contract

Samples: Stockholders Agreement (Websidestory Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or the Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholderas applicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ign Entertainment Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock Shares held by an Investor a Stockholder or StockholderOutside Investor, the number of shares Shares deemed to be held by an that Stockholder or Outside Investor or Stockholder shall be the total number of shares Shares of Common Stock then owned by such Investor the Stockholder or StockholderOutside Investor, plus the total number of shares Shares of Common Stock issuable upon conversion of any Convertible Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor the Stockholder or StockholderOutside Investor.

Appears in 1 contract

Samples: Stockholders' Agreement (Golden Sky Systems Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or the Stockholder, plus as applicable, plus, without duplication, the total number of shares of Common Stock issuable upon conversion of any Preferred Stock then issued and outstanding or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or the Stockholder, as applicable.

Appears in 1 contract

Samples: Stockholders Agreement (Animal Health International, Inc.)

Number of Shares of Stock. Whenever any provision of this ----------- ------------------------- Agreement calls for any calculation based on a number of shares of Common Stock held by the Founder or an Investor or StockholderInvestor, the number of shares deemed to be held by the Founder or an Investor or Stockholder shall be the total number of shares of Common Stock then owned by the Founder or such Investor or StockholderInvestor, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by the Founder or such Investor or StockholderInvestor.

Appears in 1 contract

Samples: Stockholders and Rights Agreement (Click Commerce Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or the Stockholder, plus as applicable, plus, without duplication, the total number of shares of Common Stock issuable upon the conversion of any Preferred Stock or other convertible securities or exercise of any vested optionsthen issued and outstanding, warrants or subscription rights then owned by such Investor or Stockholder, as applicable.

Appears in 1 contract

Samples: Stockholders Agreement (908 Devices Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock held by an Investor or a Major Stockholder, the number of shares deemed to be held by an Investor or a Major Stockholder shall be the total number of shares of Common Stock then owned by such Investor or StockholderMajor Stockholder and its Affiliates, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Major Stockholder.

Appears in 1 contract

Samples: Stockholders Agreement (Virtusa Corp)

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Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock (as defined below) held by an Investor or Restricted Stockholder, the number of shares deemed to be held by an Investor or Restricted Stockholder shall be the total number of shares of Common Stock then owned by such Investor or Restricted Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Series A Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Restricted Stockholder.

Appears in 1 contract

Samples: Stockholders Agreement (First Mercury Financial Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock held by an Investor or a Stockholder, the number of shares deemed to be held by an Investor or the Stockholder shall be the total number of shares of Common Stock then owned by such Investor or Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder.

Appears in 1 contract

Samples: Stockholders Agreement (Harbor Global Co LTD)

Number of Shares of Stock. Whenever any provision of this ----------- ------------------------- Agreement calls for any calculation based on a number of shares of Common Stock Shares held by an Investor a Stockholder or StockholderInvestor, the number of shares Shares deemed to be held by an that Stockholder or Investor or Stockholder shall be the total number of shares Shares of Common Stock then owned by such Investor the Stockholder or StockholderInvestor, plus the total number of shares Shares of Common Stock issuable upon conversion of any Series A Convertible Preferred Stock or Series B Convertible Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor the Stockholder or StockholderInvestor.

Appears in 1 contract

Samples: Stockholders' Agreement (Nxtrend Technology Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock held by an Investor or a Stockholder, the number of shares deemed to be held by an Investor or a Stockholder for each purpose shall be the total number of shares of Common Stock then owned by such Investor or Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock series of preferred stock (as if conversion occurred on such date), or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or Stockholder.

Appears in 1 contract

Samples: Registration Rights Agreement (Metropcs Communications Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock Shares held by an Investor a Stockholder or StockholderInvestor, the number of shares Shares deemed to be held by an that Stockholder or Investor or Stockholder shall be the total number of shares of Common Stock Stock, either Class A or Class B, then owned by such Investor the Stockholder or StockholderInvestor, plus the total number of shares Shares of Common Stock Stock, either Class A or Class B, issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor the Stockholder or StockholderInvestor.

Appears in 1 contract

Samples: Stockholders' Agreement (Teletrac Holdings Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock issued and outstanding or held by an Investor or a Stockholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Stockholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or the Stockholder, plus the total number of shares of Common Stock issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested optionsas applicable, warrants or subscription rights then owned by such Investor or Stockholderon a Fully-Diluted basis.

Appears in 1 contract

Samples: Stockholders Agreement (Ign Entertainment Inc)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock issued and outstanding or held by an Investor or Stockholdera Shareholder, the number of shares deemed to be issued and outstanding or held by an Investor or Stockholder that Shareholder, as applicable, shall be the total number of shares of Common Stock then issued and outstanding or owned by such Investor or Stockholderthe Shareholder, plus as applicable, plus, without duplication, the total number of shares of Common Stock issuable upon the conversion of any Preferred Stock then issued and outstanding or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor or StockholderShareholder, as applicable.

Appears in 1 contract

Samples: Shareholder Agreement (IntraLinks Holdings, Inc.)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock capital stock held by a Stockholder or an Investor or StockholderInvestor, the number of shares deemed to be held by an that Stockholder or Investor or Stockholder shall be the total number of shares of Common Stock then owned by such Investor the Stockholder or StockholderInvestor, plus the total number of shares of Common Stock issuable upon the conversion of any Convertible Preferred Stock or other convertible securities or the exercise of any vested options, warrants or subscription rights then owned by such Stockholder or Investor or Stockholder(but not including the Warrants).

Appears in 1 contract

Samples: Stockholders Agreement (Ipg Photonics Corp)

Number of Shares of Stock. Whenever any provision of this Agreement calls for any calculation based on a number of shares of Common Stock Shares held by an Investor a Stockholder or StockholderInvestor, the number of shares Shares deemed to be held by an that Stockholder or Investor or Stockholder shall be the total number of shares Shares of Common Stock Stock, either Class A or Class B, then owned by such Investor the Stockholder or StockholderInvestor, plus the total number of shares Shares of Common Stock Stock, either Class A or Class B, issuable upon conversion of any Preferred Stock or other convertible securities or exercise of any vested options, warrants or subscription rights then owned by such Investor the Stockholder or StockholderInvestor.

Appears in 1 contract

Samples: Stockholders' Agreement (Teletrac Inc /De)

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