Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 3(e)(iii), deemed to be issued) by the Corporation after the Original Issue Date, other than shares of Common Stock issued or issuable:
Additional Shares of Common means all shares of Common issued (or, pursuant to Section 7(e), deemed to be issued) by the Company after the date hereof and prior to the exercise of this Warrant, other than:
(A) options issued at an exercise price per share no less than $1.80 (as adjusted for stock splits, consolidations or stock dividends) to officers, employees or directors of the Company under any stock option plan adopted by the Board of Directors of the Company; provided, however, that any shares covered by such options or rights plus any such shares issued (without duplication as to shares issued under options) in excess of 5,500,000 shares of Common Stock as constituted on the date of issuance of this Warrant (as adjusted for stock splits, consolidations or stock dividends) shall be deemed to be Additional Shares of Common;
(B) shares issued as a dividend or distribution on Common Stock or any event for which adjustment is made pursuant to Sections 7(a) and (b) hereof;
(C) shares issued upon conversion of Convertible Securities; or
(D) shares issued by way of dividend or other distribution on (1) shares excluded from the definition of Additional Shares of Common by the foregoing clauses (A) through (C) or (2) shares of Common so excluded under this clause (D).
Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 4(d)(iii), deemed to be issued) by the Corporation after the filing of these Articles of Incorporation, other than:
Examples of Additional Shares of Common in a sentence
The consideration for any Additional Shares of Common Stock issuable pursuant to any warrants or other rights to subscribe for or purchase the same shall be the consideration received by the Issuer for issuing such warrants or other rights plus the additional consideration payable to the Issuer upon exercise of such warrants or other rights.
In case of the issuance at any time of any Additional Shares of Common Stock or Convertible Securities in payment or satisfaction of any dividends upon any class of stock other than Common Stock, the Company shall be deemed to have received for such Additional Shares of Common Stock or Convertible Securities a consideration equal to the amount of such dividend so paid or satisfied.
In case of the issuance at any time of any Additional Shares of Common Stock or Common Stock Equivalents in payment or satisfaction of any dividend upon any class of Capital Stock of the Issuer other than Common Stock, the Issuer shall be deemed to have received for such Additional Shares of Common Stock or Common Stock Equivalents a consideration equal to the amount of such dividend so paid or satisfied.
The consideration for any Additional Shares of Common Stock issuable pursuant to any Common Stock Equivalents shall be the consideration received by the Issuer for issuing such Common Stock Equivalents, plus the additional consideration payable to the Issuer upon the exercise, conversion or exchange of such Common Stock Equivalents.
In case of the issuance at any time of any Additional Shares of Common Stock or Common Stock Equivalents in payment or satisfaction of any dividends upon any class of stock other than Common Stock, the Issuer shall be deemed to have received for such Additional Shares of Common Stock or Common Stock Equivalents a consideration equal to the amount of such dividend so paid or satisfied.
More Definitions of Additional Shares of Common
Additional Shares of Common means all shares of Common issued (or, pursuant to Section 5(e)(iii) of this Article III, deemed to be issued) by the Corporation after the Original Issue Date, other than:
Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 4(g)(iii), deemed to be issued) by the Corporation after the Original Issue Date (defined below), other than shares of Common Stock issued, issuable or, pursuant to Section 4(g)(iii) herein, deemed to be issued:
Additional Shares of Common means all shares of Common Stock issued (or, pursuant to paragraph 5(d)(iv), deemed to be issued) by the Company after the filing and acceptance of this Certificate of Designation (the “Filing Date”), other than issuances or deemed issuances of:
Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 3(g)(iii), deemed to be issued) by the Corporation after the Series D Original Issue Date, other than shares of Common Stock issued, issuable or, pursuant to Section 3(g)(iii) herein, deemed to be issued:
(1) upon conversion of shares of the Preferred;
(2) to officers, directors or employees of, or consultants, contractors and advisors to, the Corporation pursuant to a stock grant, option plan or purchase plan or other stock incentive program or arrangement approved by the Compensation Committee of the Board of Directors (or, in the absence of such a committee, then by the Board of Directors) for employees, officers, directors or consultants, contractors or advisors of the Corporation;
(3) as a dividend or distribution on the Preferred;
(4) in connection with any transaction for which adjustment is made pursuant to Sections 3(d)(i), 3(d)(ii), 3(e) or 3(f) hereof;
(5) to financial institutions, lessors or landlords in connection with commercial credit arrangements, debt financings, equipment lease financings, real property leases or similar transactions undertaken other than for equity financing purposes, or to other providers of goods, services, technology, distribution channels or marketing opportunities to the Corporation, pursuant to (i) instruments that are outstanding on the Series D Original Issue Date or (ii) arrangements approved by the Board of Directors, but not to exceed an aggregate of 885,201 shares of Common Stock issued, issuable or deemed to be issued (net of cancellations of unexercised options and repurchase of shares at cost upon termination of any relationship with the Corporation, as adjusted for stock splits, combinations, recapitalizations and the like and excluding any shares of Common Stock issued or issuable to DoubleClick, Inc. (“DoubleClick”) (or an affiliate, successor or designee thereof) in connection with a Master Alliance Agreement between Doubleclick and the Corporation) for arrangements approved by the Board of Directors;
(6) in connection with a Qualified IPO; or
(7) in connection with an acquisition by the Corporation, whether by merger, consolidation or purchase of assets, provided that such acquisition has been approved by a majority of the Board of Directors, which majority must include at least three of the four directors elected pursuant to Section 5(f) of this Article.
Additional Shares of Common means all shares of Common issued by the Corporation after the date hereof except Warrant Stock.
Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 7(c), deemed to be issued) by Debtor after the Issuance Date, other than (1) shares of Common Stock issued or issuable to officers, directors, employees or consultants to Debtor or its Subsidiaries pursuant to a stock grant, stock option plan, stock purchase plan or other stock incentive agreement (collectively, the “Plans”) approved by the Board of Directors; (2) shares of Common Stock issued or issuable pursuant to exercise, conversion or exchange of options, warrants or Convertible Securities outstanding as of the Issuance Date, including the MML Bridge Notes, the MML Convertible Notes and the DI Promissory Note, (3) shares of Common Stock issued or issuable in connection with a business acquisition or combination approved by the Board of Directors, (4) shares of Common Stock or Convertible Securities issued or issuable in a Qualified Equity Offering, (5) shares of Common Stock issued or issuable for which an adjustment to the Issuance Date Conversion Price is made pursuant to Section 7(f), or (6) upon the written approval or consent of the holders of a majority of the then outstanding aggregate principal balance of the MML Bridge Notes.
Additional Shares of Common means all shares of Common --------------------------- issued (or, pursuant to Section 8(d), deemed to be issued) by the Company after ------------ the date hereof and prior to the exercise of this Warrant, other than shares of Common Stock issued or issuable:
(A) upon conversion of the Northwood Notes or upon conversion of notes containing substantially the same terms and conditions as the Northwood Notes, or upon exercise of warrants issued to holders of notes containing substantially the same terms and conditions as the Warrants;
(B) to officers and employees of the Company or its Subsidiaries under any stock option, stock purchase, stock appreciation, or bonus plan adopted by the stockholders of the Company and shares of Common Stock issued to such officers and employees pursuant to such stock options or rights, or to members of the Company's Board of Directors or Board of Advisers; provided, however, that any shares covered by such options or rights plus any -------- ------- such shares issued (without duplication as to shares issued under options) in excess of 250,000 shares of Common Stock as constituted on the date of issuance of this Warrant (as adjusted pursuant to anti-dilution provisions contained in such stock options or rights) shall be deemed to be Additional Shares of Common;
(C) as a dividend or distribution on Common Stock or any event for which adjustment is made pursuant to Sections 8(a) and (b) hereof; or ---------------------
(D) by way of dividend or other distribution on (1) shares excluded from the definition of Additional Shares of Common by the foregoing clauses (A) through (C) of this clause (D) or (2) shares of Common so excluded under this clause (D).