Examples of Diluted Common Stock in a sentence
For the purposes hereof, "Fully Diluted Common Stock" as of a specified time shall mean the aggregate of all outstanding shares of Common Stock as of such time plus all shares of Common Stock issuable upon the exercise or conversion of securities exercisable for, or convertible into, shares of Common Stock of the Company which securities are outstanding or issuable at such time.
Notwithstanding the foregoing, the Lock-up Parties shall not be required to execute a Lock-up Agreement unless each of Vert and the executive officers and directors of the Corporation and other stockholders owning more than 10% of the Fully Diluted Common Stock are also required to execute similar Lock-up Agreements containing substantially identical terms and conditions, including the period of restrictions on Transfer.
Following receipt of an Excluded Securities Notice, Xxxxx ----------------- shall have the option to purchase such number of Excluded Securities as are necessary for Xxxxx to maintain its percentage ownership of the Company's Fully Diluted Common Stock at the same level as immediately prior to such issuance, at the price and on the other terms and conditions upon which such Excluded Securities are being issued, sold or granted (the "Excluded Securities Option").
For the purpose hereof, "Fully Diluted Common Stock" shall mean the aggregate of all outstanding Common Stock as of the date hereof, plus all shares of Common Stock issuable upon the exercise or conversion of securities exercisable for, or convertible into, shares of Common Stock of the Company which securities are outstanding or issuable as of the date hereof.
On November 21, 2002, the Issuer agreed to issue warrants pursuant to the Loan Agreement (as defined below) in four tranches, which, including this Warrant, are exercisable to purchase an aggregate of Five Million One Hundred Thirty Two Thousand Two Hundred Fifty (5,132,250) shares of Common Stock, constituting 15% of the Diluted Common Stock of the Issuer.
The Warrants will be issued pro rata to Investors, if any, and will entitle such Investors to acquire Common Stock equal, in the aggregate, to 11.25% of the Fully Diluted Common Stock of the Company as of the date hereof.
The Warrants purchased pursuant to this Agreement collectively equal eight percent (8%) of the Fully Diluted Common Stock of the Company.
Such notice shall describe the proposed issuance, and contain an offer to sell to the Purchaser, at the same price and for the same consideration to be paid by the proposed purchasers (but net of any underwriting or similar fees, discounts or commissions), up to the Purchaser's pro rata portion (which shall be a percentage equal to the percentage of the Fully Diluted Common Stock held by the Purchaser and its Affiliates) of the Securities to be sold.
Each Purchaser's pro rata share, for purposes of this right, is the ratio of the number of shares of Fully Diluted Common Stock owned by such holder immediately prior to the issuance of New Securities to the total number of shares of Fully Diluted Common Stock outstanding immediately prior to the issuance of New Securities.
If, at any time when the Purchaser and its Affiliates collectively own in excess of 5% of the Fully Diluted Common Stock, the Company proposes to issue for cash any of its Common Stock or other securities exercisable for, or convertible or exchangeable into, Common Stock (collectively, the "Securities"), other than as provided in Section 3.2, then the Company shall, no later than 30 days prior to the consummation of such issuance, give written notice to the Purchaser of such proposed issuance.