Definition of Shares. “Shares” shall mean shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), as described in the Third Amended and Restated Certificate of Incorporation of the Company dated February 6, 2018 (the “Certificate of Incorporation”)
Definition of Shares. As used herein, the term "Shares" shall mean and include shares of the Common Stock, par value $.02 per share, of the Company as are constituted and exist on the date hereof, and shall also include any other class of the capital stock of the Company hereafter authorized which shall neither be limited to a fixed sum or percentage of par value in respect to the rights of the holders thereof to receive dividends and to participate in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or winding up of the Company, nor be subject at any time to redemption by the Company; provided that the Shares receivable upon exercise of this Warrant shall include only Shares of the type as are constituted and exist on the date hereof or Shares resulting from any reclassification of the Shares as provided for in paragraph (C) of the Provisions as to Adjustment.
Definition of Shares. “Shares” shall mean shares of the Company’s Series D Preferred Stock.
Definition of Shares. For purposes of this Agreement, the term "Shares" shall include: (i) all securities of Parent (including, without limitation, all shares of Common Stock and all Options) owned of record or Beneficially Owned by Stockholder as of the date of this Agreement, as indicated on the signature page of this Agreement; and (ii) all additional securities of Parent of which Stockholder acquires record ownership during the period from the date of this Agreement through the Expiration Date, including, without limitation, through the exercise or conversion of any options, warrants or other rights to purchase shares of Common Stock and other securities convertible into, or exercisable for shares of Common Stock. In the event of a stock dividend or distribution, or any change in the Shares by reason of any stock dividend, split-up, recapitalization, combination, exchange of shares or the like, the term "Shares" shall be deemed to refer to and include the Shares as well as all such stock dividends and distributions and any shares into which or for which any or all of the Shares may be changed or exchanged.
Definition of Shares. For the purpose of this Section, the term "Shares" shall mean (i) the Shares, or (ii) any other class of securities resulting from successive changes or reclassifications of such Shares.
Definition of Shares. “Shares” shall mean Next Financing Securities in the event that a Next Financing occurs prior to July 31, 2013 (the “Note Maturity Date”) and the Holder converts the Note issued to the Holder into Next Financing Securities. In the event that a Next Financing has not occurred before the Note Maturity Date, “Shares” shall mean either the Company’s Series C Preferred Stock or Next Financing Securities, whichever such securities Original Issue Price (as such term is defined in the Company’s Amended and Restated Certificate of Incorporation) is lower.”
Definition of Shares. As used in this Agreement, "Shares" shall mean and include all shares of the Common Stock and other equity securities of the Company with rights to vote for the election of directors now owned or hereafter acquired by a Shareholder. Other terms used as defined terms herein and not otherwise defined shall have the meanings set forth in the Purchase Agreement.
Definition of Shares. For purposes of this Article II, the term " -------------------- Shares" shall mean and include all shares of capital stock of the Company owned by the Shareholder, whether presently held or hereafter acquired.
Definition of Shares. In the event of a stock dividend or distribution, or any change in the Common Stock by reason of any stock dividend, split-up, recapitalization, combination, exchange of shares or the like, the term "Shares" shall be deemed to refer to and include the Shares as well as all such stock dividends and distributions and any shares into which or for which any or all of the Shares may be changed or exchanged.
Definition of Shares. Any shares of Common Stock purchased pursuant to the Contingent Purchase Right (including shares of Common Stock received upon conversion of Non-Convertible Preferred Stock) shall be included within the definition of Shares for all purposes under this Investment Agreement.
