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 Class A or Class B common stock outstanding as of such time, all shares of Class A or Class B 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 Class A or Class B common stock or Other Common Stock.

Appears in 5 contracts

Samples: Warrant Agreement (Resourcephoenix Com), Warrant Agreement (Resourcephoenix Com), Common Stock Purchase Agreement (DBS Industries Inc)

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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, (b) shall be deemed to include all outstanding shares of Other Common Stock and (Bc) shall be deemed to include all shares of Class A or Class B common stock outstanding as of such time, all shares of Class A or Class B common stock Common Stock and Other 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 Class A or Class B common stock Common Stock or Other Common Stock.

Appears in 2 contracts

Samples: Warrant Agreement (Corrections Corp of America), Warrant Agreement (Corrections Corp of America)

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