Common use of Shares Outstanding Clause in Contracts

Shares Outstanding. The number of shares of Common Stock deemed to be outstanding at any given time shall (i) include shares of Common Stock issuable in respect of scrip certificates which have been issued in lieu of fractional shares of Common Stock, but (ii) exclude (1) shares of Common Stock in the treasury of the Company or any Subsidiary, (2) shares of Common Stock previously issued upon the exercise of the Warrants and (3) shares of Common Stock issuable upon the exercise of the Warrants.

Shares Outstanding. The Except as provided to the contrary herein, the number of shares of Common Stock deemed to be outstanding for purposes of Section 4.3(c), (d) and (e) at any given time shall (i) include be the number of shares of Common Stock actually issued and outstanding at such time, plus any shares of Common Stock issuable in respect of scrip certificates which have been issued in lieu of fractional shares of Common Stock, but (ii) exclude (1) shares of Common Stock in the treasury of the Company or any Subsidiary, (2) shares of Common Stock previously issued upon the exercise of the Warrants and (3) shares of Common Stock issuable upon the exercise of the Warrants.

Shares Outstanding. The number of shares of Common Stock deemed to be outstanding at any given time shall (i) include shares of Common Stock issuable in respect of scrip certificates which have been issued in lieu of fractional shares of Common Stock, but (ii) exclude (1) shares of Common Stock in the treasury of the Company or any Subsidiary, (2) shares of Common Stock previously issued upon the exercise of the Warrants Warrant and (3) shares of Common Stock issuable upon the exercise of the WarrantsWarrant.

Shares Outstanding. The Except as provided to the contrary herein, the number of shares of Common Stock deemed to be outstanding for purposes of Section 4.2(d), (f) and (h) at any given time shall (i) include be the number of shares of Common Stock actually issued and outstanding at such time, plus any shares of Common Stock issuable in respect of scrip certificates which have been issued in lieu of fractional shares of Common Stock, but (ii) exclude (1) shares of Common Stock in the treasury of the Company or any Subsidiary, (2) shares of Common Stock previously issued upon the exercise of the Warrants and (3) shares of Common Stock issuable upon the exercise of the Warrants.