Common use of Shares Includable Clause in Contracts

Shares Includable. Each Participating Investor may include in the Proposed Key Holder Transfer all or any part of such Participating Investor’s Capital Stock equal to the product obtained by multiplying (i) the aggregate number of shares of Transfer Stock subject to the Proposed Key Holder Transfer (excluding shares purchased by the Company or the Participating Investors pursuant to the Right of First Refusal or the Secondary Refusal Right) by

Appears in 3 contracts

Samples: Series a Preferred Stock Purchase Agreement, Right of First Refusal and Co Sale Agreement, Series a Preferred Stock Purchase Agreement

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Shares Includable. Each Participating Investor may include in the Proposed Key Holder Transfer all or any part that number of shares of such Participating Investor’s Capital Common Stock equal to the product obtained by multiplying (i) the aggregate percentage of the total number of issued and outstanding shares of Common Stock of the Company held by such Investor multiplied by (ii) the number of shares of Transfer Common Stock subject proposed to be sold by the selling Key Holder to the Proposed Key Holder Transfer (excluding shares purchased by the Company or the Participating Investors pursuant to the Right of First Refusal or the Secondary Refusal Right) byProspective Transferee.

Appears in 2 contracts

Samples: Investor Rights Agreement (AveXis, Inc.), Investor Rights Agreement (AveXis, Inc.)

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Shares Includable. Each Participating Investor may include in the Proposed Key Holder Transfer all or any part of such Participating Investor’s Capital Stock equal to the product obtained by multiplying (i) the aggregate number of shares of Transfer Stock subject to the Proposed Key Holder Transfer (excluding shares purchased by the Company or the Participating Investors pursuant to the Right of First Refusal or the Secondary Refusal Right) ), by

Appears in 1 contract

Samples: Series B Preferred Stock Purchase Agreement (Energy Exploration Technologies, Inc.)

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