Adjusted Outstanding Common Stock means, at any time, the total number of shares of outstanding Common Stock at such time; provided that for purposes of such calculation (a) all shares of Common Stock issuable upon conversion of the then outstanding Preferred Stock shall be considered outstanding, (b) all shares of Common Stock issuable upon exercise of the outstanding Initial Distributor Warrants (whether such Initial Distributor Warrants are vested or unvested) shall be considered outstanding, (c) to the extent that Bonus Distributor Warrants have been issued and are outstanding (and only to such extent), all shares of Common Stock issuable upon the exercise of such issued and outstanding Bonus Distributor Warrants (whether such Bonus Distributor Warrants are vested or unvested) shall be considered outstanding and (d) if Shareholder Approval has been obtained(and only in such case) the maximum number of shares of Common Stock then issuable upon exercise of the Purchase Warrant shall be considered outstanding.
Adjusted Outstanding Common Stock means, at any time this Warrant is exercised for the purchase of shares of Common Stock, the total number of shares of outstanding Common Stock at such time; provided that for purposes of such calculation (a) all shares of Common Stock issuable upon conversion of the then outstanding Preferred Stock shall be considered outstanding, (b) all shares of Common Stock issuable upon exercise of the outstanding Initial Distributor Warrants (whether such Initial Distributor Warrants are vested or unvested) shall be considered outstanding, (c) to the extent that Bonus Distributor Warrants have been issued and are outstanding (and only to such extent), all shares of Common Stock issuable upon the exercise of such issued and outstanding Bonus Distributor Warrants (whether such Bonus Distributor Warrants are vested or unvested) shall be considered outstanding and (d) all shares of Common Stock purchased pursuant to such exercise of this Warrant (but not any shares of Common Stock which may be purchased upon subsequent exercises of this Warrant) shall be considered outstanding.
Adjusted Outstanding Common Stock means, at any time, the total number of shares of outstanding Common Stock at such time.
Examples of Adjusted Outstanding Common Stock in a sentence
In the event that the Oaktree Parties Beneficially Own less than 35% but at least 25% of the Adjusted Outstanding Common Stock, the Oaktree Parties shall have the right to nominate two (2) Designees, a Class II Director and a Class III Director.
In the event that the Oaktree Parties Beneficially Own less than 15% of the Adjusted Outstanding Common Stock, the Oaktree Parties shall have no contractual right to nominate any Designees (but nothing contained herein shall adversely affect their rights to make nominations as a stockholder at such time).
In the event that the Oaktree Parties Beneficially Own less than 25% but at least 15% of the Adjusted Outstanding Common Stock, the Oaktree Parties shall have the right to nominate one (1) Designee, a Class III Director.
As used herein, "Adjusted Outstanding Common Stock shall mean the sum of (i) the number of shares of Common Stock outstanding immediately prior to such issue or sale (excluding any shares of Common Stock subject to contractual repurchase rights held by the Corporation) divided by three, plus (ii) the number of shares of Common Stock issuable upon conversion of all outstanding shares of any series of Preferred Stock of the Corporation convertible into Common Stock.
More Definitions of Adjusted Outstanding Common Stock
Adjusted Outstanding Common Stock means the sum of (i) the number of shares of Common Stock outstanding immediately prior to such issue or sale (including as outstanding all shares of Common Stock issuable upon conversion of outstanding Series B Preferred Stock), plus (ii) the number of shares of Common Stock issuable upon the exercise of any outstanding stock subscription warrants and vested stock options (reduced by the number of shares which, when multiplied by the then current Series B Conversion Price, would equal the aggregate exercise price for such warrants or options, as the case may be).
Adjusted Outstanding Common Stock means the number of shares of Common Stock outstanding less any shares of Common Stock purchased by Kaisxx-Xxxxxxx Xxx Company pursuant to its respective Purchase Agreement.
Adjusted Outstanding Common Stock means, at any time the Warrant is exercised, the total number of shares of Common Stock outstanding, including all shares of Common Stock issuable upon conversion of the Series A Convertible Preferred Stock, all shares of Common Stock issuable upon
Adjusted Outstanding Common Stock means, at any time the Warrant is exercised, the total number of shares of Common Stock outstanding, including all shares of Common Stock issuable upon conversion of the Series A Convertible Preferred Stock, all shares of Common Stock issuable upon exercise of any other issued and outstanding warrants to purchase Common Stock held by the Restricted Parties (whether vested or unvested) and
Adjusted Outstanding Common Stock means, as of any date of determination, (a) the number of shares of then outstanding Common Stock (excluding any Equity Award Shares), plus (b) the number of shares of Common Stock for which or into which any outstanding Convertible Securities (other than Convertible Securities held by officers, employees or consultants of the Company or any direct or indirect subsidiary of the Company and any Equity Award Shares) may at the time be exercised, converted or exchanged, plus (c) the number of Vested Shares that are then outstanding Common Stock, plus (d) the number of shares of Common Stock for which or into which in-the-money Vested Shares may at the time be exercised, converted, or exchanged, calculated on a treasury method basis. “Affiliate” (including, with correlative meaning, the term “Affiliated”) shall mean, with respect to any specified Person, any other Person which directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, such specified Person; provided, that neither the Company nor any of its subsidiaries shall be deemed an Affiliate of any of the Stockholders (and vice versa), and, in addition, such specified Person’s Affiliates shall also include, (a) if such specified Person is an investment fund, any other investment fund that is advised by the same investment adviser as such Person or by an Affiliate of such investment adviser, and (b) if such specified Person is a natural Person, any Family Member of such natural Person; provided, further, in the case of Liberty Global or any subsidiary of Liberty Global and except solely for purposes of Section 1.5 and the definition of “Conflicted Investor” (in which cases the foregoing definition of “Affiliate” shall apply), “Affiliate” (including, with correlative meaning, the term “Affiliated”) shall mean Liberty Global and any Person which directly or indirectly through one or more intermediaries is controlled by Liberty Global.
Adjusted Outstanding Common Stock means, at any time this Warrant is exercised for the purchase of shares of Common Stock, the total number of shares of outstanding Common Stock at such time; provided that
Adjusted Outstanding Common Stock means, as of any date of determination, the then outstanding Common Stock, plus the shares of Common Stock underlying any outstanding Convertible Securities (other than Convertible Securities held by officers, employees or consultants of the Corporation or any direct or indirect subsidiary of the Corporation), plus in-the-money Vested Shares (it being understood that with respect to Vested Shares that are Convertible Securities, only the shares of Common Stock underlying such Convertible Securities shall be included as Adjusted Outstanding Common Stock).