Common use of Rules of Calculation; Treasury Stock Clause in Contracts

Rules of Calculation; Treasury Stock. All calculations shall be made to the nearest one-hundredth of a cent or to the nearest one millionth of a share. The number of shares of Common Stock outstanding shall be calculated on the basis of the number of issued and outstanding shares of Common Stock, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 2 contracts

Samples: Securities Purchase Agreement (GTT Communications, Inc.), Securities Purchase Agreement (GTT Communications, Inc.)

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Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The Except as explicitly provided herein, the number of shares of Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Common Stock, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Power One Inc), Securities Purchase Agreement (Power One Inc)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth tenth of a cent or to the nearest one millionth one- hundredth of a share, as the case may be. The number of shares of Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Common StockStock on the Measurement Date, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Voting Agreement (GeoMet, Inc.)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The Except as explicitly provided herein, the number of shares of Class A Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Class A Common Stock, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Class A Common Stock held in treasury.

Appears in 1 contract

Samples: Subscription Agreement (Coty Inc.)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-tenth of a cent or to the nearest one-hundredth of a cent or to share, as the nearest one millionth of a sharecase may be. The number of shares of Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Common StockStock on the Measurement Date, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Investment Agreement (GeoMet, Inc.)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The Except as explicitly provided herein, the number of outstanding shares of Common Stock outstanding shall and, to the extent applicable, Reference Property will be calculated on the basis of the number of issued and outstanding shares of Common Stock, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Securities Purchase Agreement (NOODLES & Co)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The Except as explicitly provided herein, the number of outstanding shares of Class A Common Stock, Class B Common Stock outstanding shall and, to the extent applicable, Reference Property will be calculated on the basis of the number of issued and outstanding shares of Common Stock, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Securities Purchase Agreement (NOODLES & Co)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The Except as explicitly provided herein, the number of shares of Class A Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Class A Common Stock, not including shares held in the treasury of the CompanyParent. The Company Parent shall not pay any dividend on or make any distribution to shares of Class A Common Stock held in treasury.

Appears in 1 contract

Samples: Subscription Agreement (Coty Inc.)

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Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The number of shares of Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Common Stock, not including shares held in the treasury of the CompanyCorporation. The Company Corporation shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Securities Purchase Agreement (Diamond Foods Inc)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The Except as otherwise explicitly provided herein, the number of shares of Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Common Stock, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Securities Purchase Agreement (Power One Inc)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share, as the case may be. The number of shares of Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Common StockStock on the Measurement Date, not including shares held in the treasury of the Company. The Company shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Participating Preferred Stock Purchase Agreement (Reliant Energy Inc)

Rules of Calculation; Treasury Stock. All calculations shall will be made to the nearest one-hundredth of a cent or to the nearest one millionth one-ten thousandth of a share. The Except as explicitly provided herein, the number of shares of Common Stock outstanding shall will be calculated on the basis of the number of issued and outstanding shares of Common Stock, not including shares held in the treasury of the CompanyIssuer. The Company Issuer shall not pay any dividend on or make any distribution to shares of Common Stock held in treasury.

Appears in 1 contract

Samples: Debt Subordination Agreement (Cross Country Healthcare Inc)

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