Common use of Outstanding Common Stock Clause in Contracts

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 14 contracts

Samples: Warrant Agreement (Starbase Corp), Warrant Agreement (Armitec Inc), Warrant Agreement (Diamond Entertainment Corp)

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Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtednessindebtedness, shares of Capital Stock (including, without limitation, the Preferred Stock) or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 11 contracts

Samples: Warrant Agreement (Centura Software Corp), Warrant Agreement (Centura Software Corp), Warrant Agreement (Centura Software Corp)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtednessindebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 5 contracts

Samples: Warrant Agreement (JLM Industries Inc), Purchase Agreement (JLM Industries Inc), Warrant Agreement (World Wide Wireless Communications Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (Aa) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (Bb) shall be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 5 contracts

Samples: Warrant Agreement (Easyriders Inc), Warrant Agreement (Easyriders Inc), Warrant Agreement (Provant Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock (including, without limitation, the Preferred Stock) or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 5 contracts

Samples: Warrant Agreement (Imaging Technologies Corp/Ca), Securities Purchase Agreement (Ip Voice Com Inc), Warrant Agreement (Imaging Technologies Corp/Ca)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of IndebtednessIndebtedness (including, without limitation, the Debentures), shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 2 contracts

Samples: Warrant Agreement (Team Communication Group Inc), Warrant Agreement (Team Communication Group Inc)

Outstanding Common Stock. The number of shares of Common Stock -------------------------- at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 2 contracts

Samples: Warrant Agreement (Amanda Co Inc), Warrant Agreement (Amanda Co Inc)

Outstanding Common Stock. The number of shares of Common ------------------------ Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock (including, without limitation, the Preferred Stock) or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 2 contracts

Samples: Warrant Agreement (Skylynx Communications Inc), Warrant Agreement (Skylynx Communications Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (Aa) not include any Warrant Stock or any shares thereof of Common Stock then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (Bb) shall be deemed to include all the maximum number of shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents (whether or any other evidences of Indebtednessnot such Common Stock Equivalents are actually then exercisable, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock in whole or Other Common Stockin part), other than the Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Volcano CORP), Warrant Agreement (Volcano CORP)

Outstanding Common Stock. The number of shares of Common ------------------------ Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtednessindebtedness, shares of Capital Stock (including, without limitation, the Preferred Stock) or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 2 contracts

Samples: Subscription Agreement (Xceed Inc), Warrant Agreement (Xceed Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock outstanding as of such time, all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Fatbrain Com Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtednessindebtedness (including, without limitation, the Debentures), shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Team Communication Group Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (Aa) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.and

Appears in 1 contract

Samples: Warrant Agreement (Provant Inc)

Outstanding Common Stock. The number of shares of Common Stock ------------------------ at any time outstanding shall (Aa) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (Bb) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common StockEquivalents.

Appears in 1 contract

Samples: Warrant Agreement (Pameco Corp)

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Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall shall: (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock (including, without limitation, any Preferred Stock) or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Cosine Communications Inc)

Outstanding Common Stock. The number of shares of Common Stock at any anv time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock (including, without limitation, the Preferred Stock) or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Finantra Capital Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) shall be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of IndebtednessObligations, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common StockCommon.

Appears in 1 contract

Samples: Warrant Agreement (Enamelon Inc)

Outstanding Common Stock. The number of shares of Common Stock at any ------------------------ time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Imaging Technologies Corp/Ca)

Outstanding Common Stock. The number of shares of Common Stock ------------------------ at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock outstanding as of such time, all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Incara Pharmaceuticals Corp)

Outstanding Common Stock. The number of shares of Common Stock at ------------------------ any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of Indebtedness, shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Amanda Co Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of IndebtednessIndebtedness (including, without limitation, dividends on the preferred stock), shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Entertainment Boulevard Inc)

Outstanding Common Stock. The number of shares of Common Stock at any time outstanding shall (A) not include any shares thereof then directly or indirectly owned or held by or for the account of the Issuer or any of its Subsidiaries, and (B) be deemed to include all shares of Common Stock then issuable upon conversion, exercise or exchange of any then outstanding Common Stock Equivalents or any other evidences of IndebtednessIndebtedness (including, without limitation, the Notes), shares of Capital Stock or other Securities which are or may be at any time convertible into or exchangeable for shares of Common Stock or Other Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Sales Online Direct Inc)

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