Permitted Stock. Common Stock or options or warrants to acquire Common Stock, constituting, in the aggregate, 2,000,000 shares or less of the outstanding Common Stock issued or reserved for issuance to present and future key management and directors of the Company pursuant to a stock incentive program approved or to be approved by the board of directors.
Permitted Stock. This term shall mean (a) Warrant Shares, and shares of the Company's Capital Stock issuable upon exercise thereof; (b) Capital Stock of the Company issued as a dividend on shares of the Company's Capital Stock or as a result of a stock split with respect thereto; (c) options and warrants outstanding (or that the Company's Board of Directors has approved for issuance to specific employees) as of the date hereof to purchase the Company's Capital Stock, and shares of the Company's Capital Stock issuable upon exercise thereof; (d) the Business Combination Options, and shares of the Company's Capital Stock issuable upon exercise thereof; (e) options to be granted after the Original Closing Date to employees of the Company and its Subsidiaries to purchase up to 335,286 shares of Common Stock of the Company, at an exercise price not less than the Fair Market Value at the time of issuance of such options, and shares of the Company's Capital Stock issuable upon exercise thereof; (f) shares of Series A Preferred Stock issued or issuable pursuant to the Original Purchase Agreement or the First Restated Purchase Agreement; (g) shares of Series B Preferred Stock issued or issuable pursuant to the First Restated Purchase Agreement or the Second Restated Purchase Agreement; (h) shares of Common Stock issuable upon conversion of Series B Preferred Stock (i) 29,516 shares of Common Stock issued to FF-ITP on the Third Amendment Closing Date; (j) 103,093 shares of Common Stock issued to Xxxxxxxxxxx X. and Xxxxxx Xxxxxxx (jointly) at an aggregate purchase price of $200,000; (k) 29,516 shares of Common Stock issued to Xxxxxxxxxxx X. and Xxxxxx Xxxxxxx (jointly) at an aggregate purchase price of $100,000; (l) 14,758 shares of Common Stock issued to Xxxxxx and Xxxxxxxx Xxxxx (jointly) at an aggregate purchase price of $50,000; (m) 1,001 shares of Common Stock issued to Xxxxxx Xxxxxxx at an aggregate purchase price of $3,390; (n) options granted to FBD Consulting, Inc. ("FBD") to purchase up to 2,400 shares of Common Stock of the Company, at an exercise price of not less than $5.60 per share, and shares of the Company's Capital Stock issuable upon exercise thereof; (o) options granted to Doig, Elliott, Schur, Inc. ("DES") to purchase up to 18,304 shares of Common Stock of the Company, at an exercise price of $5.60 per share, and shares of the Company's Capital Stock issuable upon excercise thereof; (p) up to 700 shares of Series C Preferred Stock issued to FBR Business Developmen...
Permitted Stock. Any stock issued or issuable by the Company pursuant to any securities outstanding on the Closing Date as disclosed on Schedules 3.01 (a) or 3.01 (d) and up to 385,900 shares reserved for issuance but not yet issued under the Company's 1992, 1996 and 1997 Stock Option Plans (and the reissuance of any cancelled or expired options issued thereunder).
Permitted Stock. The aggregate of (a) any and all Common Stock issued --------------- to, or reserved for issuance for, any Person in connection with the exercise of any options or warrants to acquire Common Stock (other than the Warrant Shares) that are outstanding as of the Closing Date and set forth on Schedule 7.01(d), plus (b) any and all Warrant Shares, plus ---------------- ---- ---- (c) Common Stock, or options or warrants to acquire Common Stock, constituting, in the aggregate, 29,513,560 shares of Common Stock of the Company (including any Common Stock deemed outstanding pursuant to Section 3.09(d)), issued to, or reserved for issuance for, the present ---------------- and future employees and management of the Company pursuant to an Employee Plan or other Benefit Arrangement approved by the Board of Directors. Unless otherwise agreed to by all Holders, the number of shares of Permitted Stock issued or reserved for issuance under clauses (a) and (c) above shall not exceed, in the aggregate, 30,276,353 shares.
Permitted Stock. The following shares of Common Stock, Series A Convertible Preferred Stock, Series B Convertible Preferred Stock, Series C Convertible Preferred Stock, Series D Convertible Preferred Stock and Other Securities (or options or warrants to acquire Common Stock or Series D Convertible Preferred Stock):
Permitted Stock. This term means (a) Common Stock or options or warrants to acquire Common Stock, constituting, in the aggregate, five percent (5%) or less of the outstanding Common Stock, issued or reserved for issuance to present and future key management of Precise pursuant to a management incentive program and (b) the Xxxxxxxx Preferred Stock. In no event will the number of shares of Permitted Stock (with respect to clause (a) above) issued or reserved for issuance, in the aggregate, exceed the lesser of the number of shares constituting five percent (5%) of the outstanding Common Stock on (a) the date of this Agreement or (b) the date issued.
Permitted Stock. Common Stock or options or warrants to acquire Common Stock, constituting, in the aggregate, ten percent (10%) or less of the outstanding Common Stock, issued or reserved for issuance to present and future key management of the Company pursuant to a management incentive program. I no event will the number of shares of Permitted Stock issued or reserved for issuance, in the aggregate, exceed the lesser of the number of shares constituting ten percent (10%) of the outstanding Common Stock on the date hereof or on the date issued.
Permitted Stock. The term "Permitted Stock," as set forth in Section 1 of the Second Restated Purchase Agreement is hereby deleted in its entirety and the following definition is substituted in lieu thereof:
Permitted Stock. The Common Stock and/or options or warrants to acquire Common Stock set forth on Schedule I attached hereto, issued or reserved for issuance to the Persons set forth on Schedule I. Person. This term will be interpreted broadly to include any individual, sole proprietorship, partnership, joint venture, trust, unincorporated organization, association, corporation, company, institution, entity, party, or government (whether national, federal, state, county, city, municipal, or otherwise, including, without limitation, any instrumentality, division, agency, body, or department of any of the foregoing).
