Share Limitation. The Company shall not be obligated to effect a Requested Registration unless such registration involves the greater of (i) an aggregate offering price of $1,000,000 or (ii) one percent of the Common Stock issued or outstanding as of the date of such Registration Request.
Share Limitation. No more than 1,000,000 shares of Performance-Based Restricted Stock may be granted to an Employee or Consultant in any calendar year.
Share Limitation. Notwithstanding anything herein to the contrary, immediately prior to the Effective Time, (a) Parent shall have no shares of Parent Preferred Stock and no more than 282,877,942 shares of Parent Common Stock (including any phantom units and management incentive units) and (b) the Company shall have no shares of Company Preferred Stock and no more than 1,118,750,658 shares of Company Common Stock (assuming the Rights Plan has not been triggered and not including any Company RSU that by its terms provides for settlement in cash), in each case, outstanding on a fully diluted, as converted and as exercised basis.
Share Limitation. Stock Awards may not be granted in any year which provide for the issuance of more than 1.75% of the shares of Common Stock outstanding (including issued shares reacquired by the Company) on the January 1 of the year of grant. Shares of Common Stock issued under the Plan may be either authorized and unissued shares or issued shares reacquired by the Company. Notwithstanding the above limitation, in any year in which Stock Awards are granted which provide for the issuance of less than the maximum permissible number of shares, the balance of such unused shares shall be added to the limitation in subsequent years. In addition, if any Option granted under the Plan shall expire, terminate or be cancelled for any reason without having been exercised in full, the corresponding number of unpurchased shares shall be added to the limitation in subsequent years; provided, however, that if such expired, terminated or cancelled Option shall have been a Reference Option, none of such unpurchased shares shall again become available for purposes of the Plan to the extent that the related Right granted under the Plan is exercised. Further, if any shares of Common Stock granted hereunder are forfeited or such award otherwise terminates without the delivery of such shares upon the lapse of restrictions, the shares subject to such grant, to the extent of such forfeiture or termination, shall be added to the limitation in subsequent years so long as the Participant received no 'benefits of ownership' (within the meaning of Section 16 of the Act) in connection with such grant. To the extent permitted by Section 16 of the Act, any shares of Common Stock issued under the Plan through the assumption or substitution of outstanding grants from an acquired company shall not reduce the shares available under the Plan.
Share Limitation. The number of shares the Company may deliver in respect of the Notes, including those delivered in lieu of cash interest, in connection with an interest make-whole payment, or in a fundamental change payment (as hereinafter defined) will not exceed 19.99% of the Company’s common stock outstanding (as adjusted for stock splits, reverse stock splits, stock combinations, reclassifications and reorganizations) as of the close of the Trading Day immediately preceding the date of the indenture that governs the notes without shareholder approval or as otherwise required pursuant to the listing requirements of the NASDAQ Capital Market or such other national securities exchange on which the common stock is then listed. The Company will not be required to make any cash payments in lieu of any fractional shares.
Share Limitation. Subject to adjustment pursuant to Section 4.2 hereof, the maximum aggregate number of shares of Common Stock which may be issued under all Awards granted to Participants under the Plan shall be 3,150,000 shares, all of which may, but need not, be issued in respect of Incentive Stock Options. Shares of Common Stock issued under the Plan may be either authorized but unissued shares or shares held in the Company's treasury. Any shares of Common Stock subject to Awards that are settled in Common Stock shall be counted against the maximum share limitations of this Section 4.1 as one share of Common Stock for every share of Common Stock subject thereto, regardless of the number of shares of Common Stock actually issued to settle the Stock Option or Stock Appreciation Right upon exercise. To the extent that any Award under the Plan payable in shares of Common Stock is forfeited, cancelled, returned to the Company for failure to satisfy vesting requirements or upon the occurrence of other forfeiture events, or otherwise terminates without payment being made thereunder, the shares of Common Stock covered thereby will no longer be counted against the foregoing maximum share limitations and may again be made subject to Awards under the Plan pursuant to such limitations. Shares of Common Stock that otherwise would have been issued upon the exercise of a Stock Option or in payment with respect to any other form of Award, that are surrendered in payment or partial payment of taxes required to be withheld with respect to the exercise of such Stock Option or the making of such payment, will no longer be counted against the foregoing maximum share limitations and may again be made subject to Awards under the Plan pursuant to such limitations."
Share Limitation. In each Demand Registration, each Petrolsoft Stockholder, together with any other Stockholders holding Registrable Shares originally issued to such Petrolsoft Stockholder (a "Transferee"), may request registration of up to 220,092 Registrable Shares. If a Petrolsoft Stockholder and his Transferees have notified Aspen that they collectively wish to have more than 220,092 Registrable Shares registered pursuant to a Demand Registration, the 220,092 Registrable Shares shall be allocated among the Petrolsoft Stockholder and his Transferees in proportion (as nearly as practicable) to the respective numbers of Registrable Shares held by them at the time Aspen delivered the Notice for such Demand Registration.
Share Limitation. The aggregate number of shares of Common Stock which may be issued under the Plan shall not exceed 8,000,000 shares of Common Stock which may be either authorized and unissued shares or issued shares reacquired by the Company. Notwithstanding the above limitation, if any Option granted under the Plan shall expire, terminate or be cancelled for any reason without having been exercised in full, the corresponding number of unpurchased shares shall again be available for the purposes of the Plan; provided, however, that if such expired, terminated or cancelled Option shall have been a Reference Option, none of such unpurchased shares shall again become available for purposes of the Plan to the extent that the related Right granted under the Plan is exercised. Further, if any shares of Common Stock granted hereunder are forfeited or such award otherwise terminates without the delivery of such shares upon the lapse of restrictions, the shares subject to such grant, to the extent of such forfeiture or termination, shall again be available under the Plan. In addition, any shares of Common Stock issued under the Plan through the assumption or substitution of outstanding grants from an acquired company shall not reduce the shares available under the Plan.
Share Limitation. In no event shall the aggregate number or voting power of shares of Acquiror Common Stock issued or issuable as Initial Stock Consideration, First Booking Stock Consideration or Subsequent Booking Stock Consideration ever exceed 19.9% of the number of shares or voting power of Acquiror outstanding immediately prior to the Effective Time of the First Merger (as calculated and determined according to Applicable Law and the rules and regulations of the NASDAQ Stock Market); provided, that Acquiror shall substitute cash for shares otherwise issuable pursuant to the terms hereof in excess of such limit (even if doing so would cause the Merger to fail to qualify as a tax-deferred “reorganization” under the Code), unless the Representative agrees on behalf of the Effective Time Holders to forfeit the amount of cash that would result in the loss of such tax-deferred treatment.
Share Limitation. Notwithstanding the above provisions of this Section 8, the number of shares of Common Stock issuable upon exercise of this Warrant shall in no event be increased to an amount such that the total number of shares issuable under the transactions contemplated by the Securities Purchase Agreement exceed 19.99% of the outstanding shares of Common Stock as of the date of Securities Purchase Agreement, until the Company’s shareholders approve (without the vote of any shares acquired in this transaction and related transactions) the issuance of the shares issuable under the transactions contemplated by the Securities Purchase Agreement.
