Additional Shares of Stock definition

Additional Shares of Stock means all shares of Stock issued (or, pursuant to Section 5.4(c), deemed to be issued) by the Company after the Commencement Date, other than shares of Stock issued or issuable:

Additional Shares of Stock means all shares of Common Stock and/or preferred stock issued by the Company, other than: (1) shares of Common Stock issued upon conversion of any shares of preferred stock of the Company; (2) shares of Common Stock and/or preferred stock and/or warrants and/or options (and the Common Stock or preferred stock issued upon the exercise of such warrants and/or options) issued before or after the Closing Date to directors, officers, employees, consultants and other advisors of the Company and which are approved by at least a majority of the Board of Directors of the Company; and (3) shares of Common Stock or preferred stock or other rights issued in connection with any stock dividends, combinations, splits, recapitalizations and the like.

Additional Shares of Stock means all shares of Common Stock and/or preferred stock issued by the Company, other than: (1) shares of Common Stock issued upon conversion of any shares of preferred stock of the Company; (2) shares of Common Stock and/or preferred stock and/or warrants and/or options (and the Common Stock or preferred stock issued upon the exercise of such warrants and/or options), issued before or after the Closing Date to directors, officers, employees, consultants and other advisors of the Company and which are approved by at least a majority of the Board of Directors of the Company; and (3) shares of Common Stock or preferred stock or other rights issued in connection with any stock dividends, combinations, splits, recapitalizations and the like.

Examples of Additional Shares of Stock in a sentence

• In case of the issuance at any time of any Additional Shares of Stock or Convertible Securities in payment or satisfaction of any dividends upon any class of stock other than Common Stock, the Corporation shall be deemed to have received for such Additional Shares of Stock or Convertible Securities a consideration equal to the amount of such dividend so paid or satisfied.

• No adjustment of the Exercise Price shall be made in respect of the issuance of Additional Shares of Stock unless the consideration per share for an Additional Share of Stock issued or deemed to be issued by the Company is less than the Exercise Price in effect on the date of, and immediately prior to, the issue of such Additional Shares of Stock.

• The consideration for any Additional Shares of Stock issuable pursuant to any warrants or other rights to subscribe for or purchase the same shall be the consideration received by the Corporation for issuing such warrants or other rights plus the additional consideration payable to the Corporation upon exercise of such warrants or other rights.

• The consideration for any Additional Shares of Stock issuable pursuant to any warrants or other rights to subscribe for or purchase the same shall be the consideration received by the Company for issuing such warrants or other rights plus the additional consideration payable to the Company upon exercise of such warrants or other rights.

• In case of the issuance at any time of any Additional Shares of 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 Stock or Convertible Securities a consideration equal to the amount of such dividend so paid or satisfied.

More Definitions of Additional Shares of Stock

Additional Shares of Stock means all shares of Common Stock issued by the Corporation after the Issue Date, other than (a) (i) Common Stock to be issued upon conversion of the Series D Preferred Stock, (ii) Common Stock to be issued upon conversion of the Series A Preferred Stock, the Series B Preferred Stock and the Series C Preferred Stock, (iii) Common Stock to be issued upon exercise of the Warrants, (iv) Common Stock to be issued upon the exercise of currently outstanding warrants listed on Schedule 6 to the Stock and Warrant Purchase Agreements, other than the Warrants, and (v) up to 750,000 shares of Common Stock to be issued pursuant to the 1995 Stock Incentive Plan, and (b) from the date hereof until the fifth anniversary hereof, up to 500,000 shares in addition to the shares described in clause (a) hereof, provided that any change in the number of shares of Common Stock issuable upon exercise of the existing options, rights (including conversion rights) and warrants due to any amendment or modification of the terms thereof (but not as a result of the application of the current antidilution provisions thereof), or the exchange of any such option, right or warrant for any other option, right, warrant or security exercisable for or convertible into Common Stock, shall be included in the calculation of the 500,000 shares described in this clause (b).

Additional Shares of Stock means all shares of Common Stock issued by the Corporation after the Issue Date, other than (i) Common Stock to be issued upon conversion of the Series A Preferred Stock, (ii) Common Stock to be issued upon the exercise of currently outstanding warrants listed on Schedule 4.2(b) to the Stock Purchase Agreements, (iii) up to 1,227,400 shares of Common Stock to be issued pursuant to the 1997 Stock Option Plan (as adjusted pursuant to the antidilution provisions therein), (iv) up to 1,043,290 shares of Common Stock to be issued pursuant to the 1998 Stock Incentive Plan (as adjusted pursuant to the antidilution provisions therein), and (v) up to 5,167,328 shares to be issued upon conversion of the 6% Non-Voting Convertible Preferred Stock (as adjusted pursuant to the antidilution provisions therein).

Additional Shares of Stock means all shares of Common Stock issued by the Company after the Issue Date, other than (i) Common Stock to be issued upon conversion of the Series C Preferred Stock, (ii) Common Stock to be issued upon

Additional Shares of Stock means all shares of Common Stock issued by the Corporation after the Issue Date, other than (a) on any conversion of shares of Series A Preferred, (b) pursuant to stock options or other equity incentive plans for employees, officers and/or directors of the Corporation that (i) are either approved by the directors appointed by the holders of the Series A Preferred, or (ii) were in existence prior to the Issue Date, or (c) pursuant to the terms of any other securities outstanding on the Issue Date.

Additional Shares of Stock has the meaning set forth in Section 12 of the Certificate of Designations.

Additional Shares of Stock means (i) all shares of Common Stock issued by the Corporation after any Series A Initial Issue Date, any Series B Initial Issue Date or any Series C Initial Issue Date for which the consideration per share (determined pursuant to Section 4.2(d)(ii)(3)(c) below) is less than the applicable Conversion Value in effect on the date of, and immediately prior to, the issuance of such Additional Shares of Stock, other than shares of Common Stock issued or issuable:

Additional Shares of Stock means all shares of Common Stock issued by the Company after the Option Issuance Date, other than (i) the Class A Common Stock to be issued upon exercise of the Warrants, (ii) the Class A Common Stock to be issued upon conversion of the Series AA Preferred Stock, (iii) the Class A Common Stock to be issued upon exercise of the Bank Warrants, (iv) 125,000 shares of Class A Common Stock to be issued pursuant to the Company's Outside Directors Incentive Plan or otherwise to directors, (v) 475,000 shares of Class A Common Stock to be issued pursuant to the Company's Management Incentive Plan, (vi) 300,000 shares of Class A Common Stock issued or to be issued pursuant to the Company's Employee Stock Plan, (vii) the issuance of the Series AA Preferred Stock, (ix) the issuance of Class A Common Stock upon conversion of the Series AA Preferred Stock, (x) the issuance of the Series B Preferred Stock pursuant to the Option, (xi) the issuance of Class A Common Stock upon conversion of the Series B Preferred Stock, (xii) the issuance of the New Warrants, and (xiii) the issuance of Class A Common Stock upon exercise of the New Warrants.