Proportionate Percentage. The term “Proportionate Percentage” in Section 7.1 shall mean, that percentage figure which expresses the ratio which (i) the number of shares of Common Stock then owned by the Investor bears to (ii) the aggregate number of shares of Common Stock (a) outstanding and (b) issuable upon conversion or exercise of securities which are then convertible into or exercisable for Common Stock. For purposes of the computation required under this Section 7.4, the Investor shall be treated as having converted or exercised all securities which are convertible into or exercisable for shares of Common Stock at the rate at which such securities are convertible into or exercisable for Common Stock at the time of such computation.
Appears in 6 contracts
Samples: Convertible Preferred Stock Purchase Agreement, Series C Convertible Preferred Stock Purchase Agreement (Exa Corp), Series F Convertible Preferred Stock Purchase Agreement (Exa Corp)
Proportionate Percentage. The term “Proportionate Percentage” in Section 7.1 shall mean, that percentage figure which expresses the ratio which (i) the number of shares of Common Stock Stock, $.001 par value, of the Company (“Common Stock”) then owned by the Investor bears to (ii) the aggregate number of shares of Common Stock (a) outstanding and (b) issuable upon conversion or exercise of securities which are then convertible into or exercisable for Common Stock. For purposes of the computation required under this Section 7.4, the Investor shall be treated as having converted or exercised all securities which are convertible into or exercisable for shares of Common Stock at the rate at which such securities are convertible into or exercisable for Common Stock at the time of such computation.
Appears in 2 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Exa Corp)
Proportionate Percentage. The term “Proportionate Percentage” in Section 7.1 shall mean, as to Fidelity, that percentage figure which expresses the ratio which (i) the number of shares of outstanding Common Stock then owned by the Investor Fidelity bears to (ii) the aggregate number of shares of Common Stock (a) outstanding and (b) issuable upon conversion or exercise of securities which are then convertible into or exercisable for Common Stock. For purposes of the computation required under this Section 7.4, the Investor shall be treated as having converted or exercised all securities which are convertible into or exercisable for shares of Common Stock at the rate at which such securities are convertible into or exercisable for Common Stock at the time of such computation.
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