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 2(f)(iii) 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 designed 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 (2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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 4 contracts
Samples: Securities Purchase Agreement (Lucas Energy, Inc.), Warrant Agreement (Lucas Energy, Inc.), Warrant Agreement (Panda Ethanol, Inc.)
Options and Convertible Securities. The consideration per share received by the Company CareCentric for Additional Shares of Common Stock deemed to have been issued pursuant to this Section 2(f)(iii) 9.3 relating to Options and Convertible Securities shall be determined by dividing:
(1A) the total amount, if any, received or receivable by the Company CareCentric 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 designed to protect against dilution) payable to the Company CareCentric upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon 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 (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible SecuritiesSecurities .
Appears in 3 contracts
Samples: Secured Convertible Credit Facility and Security Agreement (Reed John E), Secured Convertible Credit Facility (Carecentric Inc), Secured Convertible Credit Facility and Security Agreement (Carecentric 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 2(f)(iiiparagraph (g) above, relating to Options and Convertible Securities shall be determined by dividing:
(1A) 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 designed to protect against dilution) 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
(2B) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Stock Purchase Agreement (PNV Net Inc), Umbrella Stock Purchase Agreement (TCW Group Inc), Series C 7% Cumulative Convertible Preferred Stock Purchase Agreement (Park N View 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 2(f)(iiiparagraph (g) above, 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 designed 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, 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 designed to protect against the dilution) issuable upon the exercise of such Options or 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: Warrant Agreement (Danskin Inc), Warrant Agreement (Danskin Investors LLC), Warrant Agreement (Danskin Investors LLC)
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 2(f)(iii4(c)(ii) relating to Options and Convertible Securities Securities, shall be determined by dividing:
(1) a. 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 maximum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein designed 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
(2) b. the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Warrant Agreement (Siemens Aktiengesellschaft), Warrant Agreement (Sequenom Inc), Warrant 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 2(f)(iii) 4(d)(iii), relating to Options and Convertible Securities shall be determined by dividing:
(1A) 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 designed to protect against dilution) 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 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 (as set forth in the instruments relating theretohereto, without regard to any provision contained therein designed to protect against the dilution) ), issuable upon the exercise of such Options or 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: Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc), Convertible Debenture Purchase Agreement (Air South Airlines 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 2(f)(iii) 7(a)(ii), 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 designed 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, Securities by
(2B) the maximum number of shares of Common Stock (as set forth in the instruments relating relating, thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Warrant Agreement (Picis Inc), Warrant Agreement (Picis 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 2(f)(iii) 2(b)(3), relating to Options and Convertible Securities 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 designed 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
(2B) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Convertible Note (Artesyn Technologies Inc), Convertible Note Agreement (Finestar International 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 2(f)(iii) 2.1(c), relating to Options and Convertible Securities Securities, shall be determined by dividing:
(1) A. 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 designed 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
(2) B. the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Warrant Agreement (Finestar International LTD), Warrant Agreement (Artesyn Technologies 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 2(f)(iii7(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 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 designed 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
(2ii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Restructuring Agreement (Emisphere Technologies Inc), Letter Agreement (Emisphere Technologies 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 2(f)(iii) 9.3, 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 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 designed 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
; 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 designed to protect against the dilution) issuable upon the exercise of such Options or 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: Warrant Agreement (First Montauk Financial Corp), Warrant Agreement (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 2(f)(iii3.5(b) 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 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 designed 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
(2B) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Warrant to Purchase Common Stock (ERP2 Holdings, LLC), Warrant to Purchase Common Stock (Enterprise Informatics 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 2(f)(iii) 4.1, relating to Options and Convertible Securities Securities, shall be equal the quotient 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 designed 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
(2b) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) 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: Warrant Agreement (Power Medical Interventions, Inc.), Warrant Agreement (Power Medical Interventions, 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 2(f)(iii) 2(b)(3), relating to Options and Convertible Securities 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 designed 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
(2B) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Convertible Note Agreement (Artesyn Technologies Inc)
Options and Convertible Securities. The consideration per share received by the Company SCHI for Additional Shares of Common Stock deemed to have been issued pursuant to this Section 2(f)(iii) 3.3, relating to Options and Convertible Securities shall be determined by dividing:
(1A) the total amount, if any, received or receivable by the Company SCHI 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 designed to protect against dilution) payable to the Company SCHI upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon 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 (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Options and Convertible Securities. The consideration per share received by the Company CareCentric for Additional Shares of Common Stock deemed to have been issued pursuant to this Section 2(f)(iii) 9.3 relating to Options and Convertible Securities shall be determined by dividing:
: (1A) the total amount, if any, received or receivable by the Company CareCentric 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 designed to protect against dilution) payable to the Company CareCentric upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by
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 designed to protect against the dilution) issuable upon the exercise of such Options or conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.Securities . (d)
Appears in 1 contract
Samples: Secured Convertible Credit Facility and Security Agreement (Carecentric 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 under Section 2(f)(iii5(h) relating to Options and Convertible Securities Securities, shall be determined by dividing:
(1A) the 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 designed to protect against dilutionfor 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 designed to protect against the dilutionfor 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
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 2(f)(iii) 2.1(c), relating to Options and Convertible Securities 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 designed 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
(2B) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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
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 2(f)(iii) 2.1(c), relating to Options and Convertible Securities Securities, shall be determined by dividing:
(1) A. 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 designed 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
(2) B. the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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
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 2(f)(iii) 11.1(c), 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 designed 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, 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 designed to protect against the dilution) issuable upon the exercise of such Options or 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: Common Stock Warrant (Perma Fix Environmental Services 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 2(f)(iii) 5.2, relating to Options and Convertible Securities 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 designed to protect against dilutionfor 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 designed to protect against the dilutionfor 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: Securities Purchase Agreement (Champions Biotechnology, Inc.)
Options and Convertible Securities. The consideration per share received by the Company SCHI for Additional Shares of Common Stock deemed to have been issued pursuant to this Section 2(f)(iii) 9.3, relating to Options and Convertible Securities shall be determined by dividing:
(1A) the total amount, if any, received or receivable by the Company SCHI 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 designed to protect against dilution) payable to the Company SCHI upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon 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 (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities.
Appears in 1 contract
Samples: Secured Convertible Credit Facility and Security Agreement (Simione Central Holdings 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 2(f)(iii) 8(c), 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 designed 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, 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 designed to protect against the dilution) issuable upon the exercise of such Options or 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: License and Supply Agreement (Biozhem Cosmeceuticals 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 2(f)(iii9(e)(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 designed 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
(2) the maximum number of shares of Common Stock (as set forth in the instruments relating theretothereof, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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: Warrant Agreement (Global Power Equipment Group Inc/)
Options and Convertible Securities. The consideration per share received by the Company CareCentric for Additional Shares of Common Stock deemed to have been issued pursuant to this Section 2(f)(iii) 3.3, relating to Options and Convertible Securities shall be determined by dividing:
(1A) the total amount, if any, received or receivable by the Company CareCentric 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 designed to protect against dilution) payable to the Company CareCentric upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon 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 (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon the exercise of such Options for Convertible Securities and 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 2(f)(iii) 8(c), 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 designed 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, 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 designed to protect against the dilution) issuable upon the exercise of such Options or 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: License and Supply Agreement (Advanced Tissue Sciences 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 2(f)(iii) 3(c)(ii), relating to Options and Convertible Securities shall be determined by dividing:
(1A) 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 designed to protect against dilution) 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
(2B) the The maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein designed to protect against the dilution) issuable upon the exercise of such Options or 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
