Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), relating to Options and Convertible Securities, shall be determined by dividing (1) the total amount, if any, received or receivable by the Company as consideration for the issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 6 contracts
Samples: Note Purchase Agreement (Rib X Pharmaceuticals Inc), Note Purchase Agreement (Rib X Pharmaceuticals Inc), Note Purchase Agreement (Rib X Pharmaceuticals Inc)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)(a)(iii) above, relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 6 contracts
Samples: Warrant Agreement (Aci Worldwide, Inc.), Warrant Agreement (Aci Worldwide, Inc.), Warrant Agreement (VeriChip CORP)
Options and Convertible Securities. The consideration per share Share received by the Company for Additional Shares of Common Stock New Securities deemed to have been issued pursuant to Section 10(a)(ii)7(c)(iii) hereof, relating to Options and Convertible Securities, shall be determined by dividing (1i) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible SecuritiesSecurities (determined in the manner described in Section 7(c)(iv)(A) above), plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2ii) the maximum number of shares of Common Stock Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 5 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement (The9 LTD)
Options and Convertible Securities. The consideration per share Ordinary Share received by the Company for Additional Shares of Common Stock New Securities deemed to have been issued pursuant to Section 10(a)(ii), 4.1.5(iv)(3) hereof relating to Options and Convertible Securities, shall be determined by dividing (1a) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2b) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 5 contracts
Samples: Shareholders Agreement (ZKH Group LTD), Shareholders Agreement (ZKH Group LTD), Shareholders Agreement (ZKH Group LTD)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)7.3, relating to Options and Convertible Securities, shall be determined by dividing (1) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 5 contracts
Samples: Note Purchase Agreement (Orion Energy Systems, Inc.), Orion Energy Systems, Inc., Orion Energy Systems, Inc.
Options and Convertible Securities. The consideration per share Ordinary Share received by the Company for Additional Shares of Common Stock New Securities deemed to have been issued pursuant to Section 10(a)(ii)section 2(b)(iii) hereof, relating to Options and Convertible Securities, shall be determined by dividing (1i) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible SecuritiesSecurities (determined in the manner described in section 2(b)(iv)(A) above), plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2ii) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 4 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement (The9 LTD)
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), 3(e)(iii)(l) relating to Options and Convertible Securities, Securities shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, Securities plus the minimum aggregate amount amount, of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 4 contracts
Samples: Convertible Note Purchase Agreement, Subordinated Convertible Note Purchase Agreement (Mascoma Corp), Mascoma Corp
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii3(c)(i), relating to Options and Convertible Securities, shall be determined by dividing dividing: (1A) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2B) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Nn Inc), Common Stock Purchase Warrant (Horizon Global Corp), Common Stock Purchase Warrant (Horizon Global Corp)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii3(b)(i), relating to Options and Convertible Securities, shall be determined by dividing dividing: (1i) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2ii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Emmaus Life Sciences, Inc.), Emmaus Life Sciences, Inc., Emmaus Life Sciences, Inc.
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii5.1(a), relating to Options and Convertible Securities, shall be determined by dividing dividing: (1i) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2ii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Warrant Agreement (Verso Corp), Warrant Agreement, Warrant Agreement
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)Subsection 4.4.3, relating to Options and Convertible Securities, shall be determined by dividing (1) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Business Financing Agreement (Vapotherm Inc), Registration Rights Agreement (Vapotherm Inc), Registration Rights Agreement (Vapotherm Inc)
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)A.5.d.iii, relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 3 contracts
Samples: Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued Issued pursuant to subsection (e)(ii)(A) of this Section 10(a)(ii)6, relating to Options and Convertible Securities, shall be determined by dividing (1) dividing: Options and Convertible Securities. the total amount, if any, received or receivable by the Company as consideration for the issuance Issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible SecuritiesSecurities or, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Equivest Finance Inc, Equivest Finance Inc
Options and Convertible Securities. The consideration per share received by the Company for Additional Ordinary Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iiArticle 21(e)(iii), relating to Options and Convertible Securities, shall be determined by dividing (1i) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2ii) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Investors Rights Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD)
Options and Convertible Securities. The consideration ---------------------------------- per share received by the Company Corporation for Additional Shares shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)Subsection 2 (e) (iii) (1) , relating to Options and Convertible Securitiessecurities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), 3(e)(iii)(1) relating to Options and Convertible Securities, Securities shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, Securities plus the minimum aggregate amount amount, of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Purchase Preferred Stock (Mascoma Corp), Mascoma Corp
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii3(c)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable deemed to be issued pursuant to Section 3(c)(ii) upon the exercise issuance of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Registration Rights Agreement (Inflection Point Acquisition Corp. II), Registration Rights Agreement (Inflection Point Acquisition Corp. II)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), Subsection 2(c)(iii) relating to Options and Convertible Securities, Securities shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible SecuritiesCommon Stock, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Letter Agreement (Chart Industries Inc), Letter Agreement (Chart Industries Inc)
Options and Convertible Securities. The consideration per share received by the Company for Additional Ordinary Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii16(f)(iii), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible SecuritiesSecurities or, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Shareholders Agreement (Home Inns & Hotels Management Inc.), Shareholders Agreement (Home Inns & Hotels Management Inc.)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock New Securities deemed to have been issued pursuant to Section 10(a)(ii)Clause 14.7(c) hereof, relating to Options and Convertible Securities, shall be determined by dividing (1i) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible SecuritiesSecurities (determined in the manner described in Clause 14.7(e)(i) above), plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2ii) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Shareholders Agreement (ZEEKR Intelligent Technology Holding LTD), Shareholders Agreement (ZEEKR Intelligent Technology Holding LTD)
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)Subsection 2(e)(iii)(1) of this Article FOURTH, relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Registration Rights Agreement (Genocea Biosciences, Inc.), Registration Rights Agreement (Genocea Biosciences, Inc.)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)9.3, relating to Options and Convertible Securities, shall be determined by dividing dividing: (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such considerationdesigned to protect against dilution) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, ; or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, ; by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such numberdesigned to protect against the dilution) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: First Montauk Financial Corp, First Montauk Financial Corp
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), relating to Options and Convertible Securities, Subsection 4.3(c) shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)
Options and Convertible Securities. The consideration ---------------------------------- per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iiSubsection 2(e)(iii)(1), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Options and Convertible Securities. The consideration per share received by the Company for Additional Ordinary Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii16(g)(iii), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible SecuritiesSecurities or, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Shareholders Agreement (Home Inns & Hotels Management Inc.), Shareholders Agreement (Home Inns & Hotels Management Inc.)
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iiSubsection 2(e)(iii)(1), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Loan and Security Agreement (AtriCure, Inc.), AtriCure, Inc.
Options and Convertible Securities. The consideration per ---------------------------------- share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iiSubsection 2(e)(iii)(1), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Stock Restriction Agreement (Sequenom Inc), Stock Restriction Agreement (Sequenom Inc)
Options and Convertible Securities. The consideration per share ------------------------------------- received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)7.2, relating to Options and Convertible ------------ Securities, shall be determined by dividing (1) the total amount, if any, received or receivable by the Company as consideration for the issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Warrant Agreement (Telscape International Inc), Warrant Agreement (Telscape International Inc)
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)2(e)(iii)(1) of this Article FOURTH, relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Registration Rights Agreement (Genocea Biosciences, Inc.), Registration Rights Agreement (Genocea Biosciences, Inc.)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)7.2, relating to Options and Convertible Securities, shall be determined by dividing (1) the total amount, if any, received or receivable by the Company as consideration for the issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options options or the conversion or exchange of such Convertible Securities.
Appears in 2 contracts
Samples: Warrant Agreement (TSG Capital Fund Iii L P), Warrant Agreement (Sandler Capital Management)
Options and Convertible Securities. The consideration ---------------------------------- per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iisubsection 3(b)(iii), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.by
Appears in 1 contract
Samples: Extension Agreement
Options and Convertible Securities. The consideration per share received by the Company Borrower for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), relating to Options and Convertible Securities, Subsection 1.2.4(c) shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company Borrower as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Borrower upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Thermoenergy Corp
Options and Convertible Securities. The consideration per ---------------------------------- share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iisubsection 2(a)(iii), relating to Options and Convertible Securities, shall be determined by dividing (1) the sum of the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities or, in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Senesco Technologies Inc
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock Shares deemed to have been issued pursuant to Section 10(a)(iiSubsection 4(A)(iii)(1), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Viewlocity Inc
Options and Convertible Securities. The consideration ---------------------------------- per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iisubsection 2(a)(iii), relating to Options and Convertible Securities, shall be determined by dividing (1) the sum of the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities or, in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Senesco Technologies Inc
Options and Convertible Securities. The consideration per share received by the Company for Additional Ordinary Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iiArticle 16(iii), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as consideration(as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible SecuritiesSecurities or, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities Securities, and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Options and Convertible Securities. The consideration per share received by the Company company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii3.3(a), relating to Options and Convertible Securities, shall be determined by dividing (1i) the total amount, if any, received or receivable by the Company company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, Securities or in the case of Options options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2ii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Exelixis Inc
Options and Convertible Securities. The consideration per share Ordinary Share received by the Company for Additional Shares of Common Stock New Securities deemed to have been issued pursuant to Section 10(a)(ii), Article 8.3(E)(5)(c) hereof relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible SecuritiesSecurities (determined in the manner described in paragraph (i) above), plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Agora, Inc.
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii)3.4.3, relating to Options and Convertible Securities, shall be determined by dividing dividing: (1i) the The total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2ii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities., or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities. 3.4.6
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Caladrius Biosciences, Inc.)
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iisubsection 2(c)(i), relating to Options and Convertible Securities, shall be determined by dividing (1) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Chindex International Inc
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), 3(e)(iii)(l) relating to Options and Convertible Securities, Securities shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, Securities plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Options and Convertible Securities. The consideration per share Ordinary Share received by the Company for Additional Shares of Common Stock New Securities deemed to have been issued pursuant to Section 10(a)(ii), 4.1.5(iv)(3) relating to Options and Convertible Securities, shall be determined by dividing (1a) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2b) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.. Confidential Treatment Requested by ZKH Group Limited Pursuant to 17 C.F.R. Section 200.83
Appears in 1 contract
Samples: Agreement (ZKH Group LTD)
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii2(d)(iii)(A), relating to Options and Convertible Securities, shall be determined by dividing (1I) the total amount, if any, received or receivable by the Company Corporation as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2II) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii§ 3.1(b), relating to Options and arid Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set Warrant forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such considerationconsideration until such subsequent adjustment occurs) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, Securities or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such numbernumber until such subsequent adjustment occurs) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Options and Convertible Securities. The consideration per share received by the Company Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii), 3(e)(iii)(1) relating to Options and Convertible Securities, Securities shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, Securities plus the minimum aggregate amount amount., of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii2(c), relating to Options and Convertible Securities, shall be determined by dividing dividing: (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, ; by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Warrant And (Greatfood Com Inc)
Options and Convertible Securities. The consideration per share ---------------------------------- received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(iiSubsection 8.5(c)(i), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii3(b)(iii), relating to Options and Convertible Securities, shall be determined by dividing (1x) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Netgenics Inc
Options and Convertible Securities. The consideration per share received by the Company for Additional Shares of Common Stock deemed to have been issued pursuant to Section 10(a)(ii2(b)(i), relating to Options and Convertible Securities, shall be determined by dividing dividing: (1i) the total amount, if any, received or receivable by the Company as consideration for the issuance issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (2ii) the maximum number of shares of Common Stock Units (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Ocwen Financial Corp