Additional Shares of Nonpreferred Stock means all shares of Nonpreferred Stock issued by the Company after the date hereof, other than the Warrant Stock.
Additional Shares of Nonpreferred Stock means all shares of Nonpreferred Stock issued or issuable by the Issuer after the date of this Warrant, other than the Warrant Stock.
Additional Shares of Nonpreferred Stock means all shares of Nonpreferred Stock issued by the Company after the Closing Date other than (i) the shares of Common Stock issued to a holder of the Series 1995 Preferred Stock or Senior Stock upon conversion or redemption of, or dividends on, the Series 1995 Preferred Stock or Senior Stock, (ii) any issuance of Common Stock or rights or warrants to purchase Common Stock at the then market price pursuant to the Company's 1991 Long-Term Incentive Plan (the "LTIP") provided that such plan will not provide for the issuance of options, rights, warrants or grants in excess of 1,286,375 shares of Common Stock (and counting as a portion of such shares the 801,750 shares reserved for issuance for outstanding options granted under the LTIP as of the Closing Date) plus a number of shares equal to ten percent (10%) of the number of shares of Common Stock issued after the Closing Date (excluding Common Stock issued upon conversion or redemption of the Series 1995 Preferred Stock or the Senior Stock), (iii) any shares of Common Stock issued at then current market prices in payment of the annual retainers paid to members of the Board of Directors of the Company, provided that such annual retainers do not exceed a value or amount of $128,000 in the aggregate per year based on five non-employee directors, (iv) up to 1,990,307 shares of Common Stock issued pursuant to the options and warrants outstanding on the Closing Date (and counting as a portion of such shares the 801,750 shares reserved for issuance for outstanding options granted under the LTIP as of the Closing Date), and (v) the issuance of up to 250,000 shares of Common Stock after the Closing Date at a price per share less than the Conversion Price.
Examples of Additional Shares of Nonpreferred Stock in a sentence
In case of the issuance at any time of any Additional Shares of Nonpreferred Stock or Convertible Securities in payment or satisfaction of any dividend upon any class of stock other than Nonpreferred Stock, the Company shall be deemed to have received for such Additional Shares of Nonpreferred Stock or Convertible Securities a consideration equal to the amount of such dividend so paid or satisfied.
The consideration for any Additional Shares of Nonpreferred Stock issuable pursuant to any warrants or other rights to subscribe for or purchase the same shall be the consideration received or receivable by the Company for issuing such warrants or other rights, plus the additional consideration payable to the Company upon the exercise of such warrants or other rights.
The consideration for any Additional Shares of Nonpreferred Stock issuable pursuant to any warrants, options or other rights to subscribe for or purchase the same shall be the consideration received or receivable by the Company for issuing such warrant, options or other rights, plus the additional consideration payable to the Company upon the exercise of such warrants, options or other rights.
For purposes of this Subsection 4.3, the date as of which the Current Market Price per share of Common Stock shall be computed shall be the earlier of (i) the date on which the Issuer shall enter into a firm contract for the issuance of such Additional Shares of Nonpreferred Stock, or (ii) the date of actual issuance of such Additional Shares of Nonpreferred Stock.
The consideration for any Additional Shares of Nonpreferred Stock issuable pursuant to any warrants, options or other rights to subscribe for or purchase the same shall be the consideration received or receivable by the Issuer for issuing such warrants, options or other rights, plus the additional consideration payable to the Issuer upon the exercise of such warrants, options or other rights.
More Definitions of Additional Shares of Nonpreferred Stock
Additional Shares of Nonpreferred Stock means all shares of NonPreferred Stock issued by the Company after the date hereof, other than
Additional Shares of Nonpreferred Stock means all shares of Nonpreferred Stock issued by the Company after the Closing Date other than (i) the Common Stock issued pursuant to the Warrants, (ii) an aggregate of 127,400 shares of Common Stock issued upon exercise of options granted pursuant to the Company's Amended 1988 Stock Option Plan or the Company's 1997 Stock Option Plan, (iii) so long as the Company remains a Public Company, all shares of Common Stock issued for the benefit of officers, key employees, directors and consultants of the Company, which issuances have been approved in advance by the Board of Directors of the Company, a committee thereof or the shareholders of the Company and which grants (A) have been issued as bonus stock to such persons after the date hereof, or (B) have been or are to be issued upon exercise of options or warrants issued after the date hereof, (iv) the shares of Common Stock issued pursuant to the conversion of the Company's Series C Cumulative Convertible Preferred Stock outstanding as of the date hereof; (v) 1,376,911 shares of Common Stock issued pursuant to warrants and options granted by the Company to certain of its employees and consultants as more fully described on Schedule 3.01(a) to the Warrant Agreement, (vi) the shares of Common Stock issued in a public offering of Common Stock at a price per share of Common Stock which is not less than the Current Warrant Price thereof on the earlier of the date on which the Company shall enter into a firm commitment or contract for the issuance of such Common Stock and the date such Common Stock is issued; (vii) the shares of Common Stock issuable on exercise of the terms of any Convertible Securities issued in a public or private offering where the aggregate of the consideration received or receivable by the Company on the issuance of such Convertible Securities and upon the issuance of Common Stock pursuant to the terms of such Convertible Securities is not less than the Current Warrant Price on the earlier of the date on which the Company enters into a firm commitment or contract for the issuance of such Convertible Securities and the date on which such Convertible Securities are issued; or (viii) shares of Common Stock issued at a cash price, or fair market value of property, per share equal to or in excess of the Current Warrant Price.
Additional Shares of Nonpreferred Stock means all shares of Nonpreferred Stock issued by the Company after the Closing Date other than (i) the shares of Common Stock issued to a holder of the 1996 Series A Preferred Stock upon conversion or redemption of, or dividends on, the 1996 Series A Preferred Stock, (ii) any shares of Common Stock issued pursuant to the outstanding warrants listed on ATTACHMENT 1 hereto, (iii) any shares of Common Stock issued pursuant to options, rights or warrants to purchase Common Stock issued pursuant to the Company's Incentive Stock Option Plan PROVIDED, that (a) such issuances do not exceed in the aggregate 1,200,000 shares (including those options previously issued and listed on ATTACHMENT 2 hereto) and (b) the exercise price under such options, rights and warrants (other than those listed on
Additional Shares of Nonpreferred Stock means all shares of
Additional Shares of Nonpreferred Stock means all shares of Nonpreferred Stock issued by the Company after the Closing Date other than (i) the shares of Common Stock issued to a holder of the 1996 Series A Preferred Stock upon conversion or redemption of, or dividends on, the 1996 Series A Preferred Stock, (ii) any shares of Common Stock issued pursuant to the outstanding warrants listed on Attachment 1 hereto, (iii) any shares of Common Stock issued pursuant to options, rights or warrants to purchase Common Stock issued pursuant to the Company's Incentive Stock Option Plan provided, that (a) such issuances do not exceed in the aggregate 1,200,000 shares (including those options previously issued and listed on Attachment 2 hereto) and (b) the exercise price under such options, rights and warrants (other than those listed on Attachment 2 hereto) shall be payable in cash and shall be not less than the greater of $4.70 per share or the Fair Market Price on the date of issuance of the option, right or warrant, (iv) the issuance of up to 5,750,000 shares of Common Stock in the aggregate (a) in one or more underwritten public offerings after the Closing Date and on or before June 30, 1997 at a price per share less than the Conversion Price but not less than $4.00 and/or (b) pursuant to the exercise of the IPO Warrants at a price of $5.50 per share on or before November 12, 1998 and (v) shares of Common Stock, either sold to employees of the Company or contributed as a matching contribution at a price not less than the then current Fair Market Price pursuant to the Company's 401(k) plan.
Additional Shares of Nonpreferred Stock means shares of Nonpreferred Stock issued by the Company after the date hereof, other than (i) Warrant Stock, and (ii) Plan Stock.
Additional Shares of Nonpreferred Stock means all shares of Nonpreferred Stock issued by the Company after the Closing Date other than (i) the Common Stock issued pursuant to the Warrants, (ii) an aggregate of 639,700 shares of Common Stock issued upon exercise of options granted pursuant to the Company's Amended 1988 Stock Option Plan or the Company's 1997 Stock Option Plan, (iii) so long as the Company remains a Public Company, all shares of Common Stock issued for the benefit of officers, key employees, directors and consultants of the Company, which issuances have been approved in advance by the Board of Directors of the Company, a committee thereof or the shareholders of the