Excludible Shares definition

Excludible Shares means (i) options, grants, phantom stock, stock appreciation rights or similar rights for the purchase, grant or comparable compensatory effect of up to 1,500,000 shares of Common Stock (and shares of Common Stock into which such options, grants, phantom stock, stock appreciation rights or similar rights may be exercised) issued within five years after the date of this Agreement pursuant to the Employee Option Plan, and (ii) shares of Common Stock into which options and warrants that are outstanding on the date hereof and may be exercised.
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Excludible Shares means (1) the shares issued upon exercise of the Underwriters' or Advisors' Warrants, and (2) shares issued to the Lender from time to time, and (3) the pool of options convertible into shares of Common Stock that Company may issue from time to time as incentive compensation for its employees and directors, provided that (a) such options are granted at a price that is equal to or greater than the Current Market Price on the date of such grant, and (b) such issuances are reasonable in amount and otherwise in accordance with normal and customary business practices within Company's industry and (c) the aggregate amount of such shares issued at no times exceeds 15.0% of the issued and outstanding equity of Company from time to time (on a fully diluted basis). Such issuances may be pursuant to option plans either (i) that have been established as of the effective date hereof or (ii) that are established after the effective date hereof with notice to Holders.
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Excludible Shares means (1) the shares issued upon exercise of the advisors' warrants and (2) the pool of options convertible into shares of Common Stock that Company may issue from time to time as incentive compensation for its employees and directors, provided that (a) such options are granted at a price that is equal to or greater than the Current Market Price on the date of such grant, and (b) such issuances are reasonable in amount and otherwise in accordance with normal and customary business practices within Company's industry and (c) the aggregate amount of such shares issued at not times exceeds 15.0% of the issued and outstanding equity of Company from time to time (on a fully diluted basis). Such issuances may be pursuant to option plans either (i) that have been established as of the effective date hereof or (ii) that are established after the effective date hereof with notice to Holders.
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Examples of Excludible Shares in a sentence

  • If Company at any time and/or from time to time issues any shares of Capital Stock (or rights, options, warrants or convertible or exchangeable securities containing a right to subscribe for or acquire shares of Capital Stock) other than the Excludible Shares or the 700,000 shares to be issued after the Closing Date to John A.

  • If Company at any time and/or from time to time issues or sells any shares of Capital Stock (or rights, options, warrants or convertible or exchangeable securities containing the right to subscribe for or purchase shares of Capital Stock), other than (i) in a Public Offering; (ii) in connection with an acquisition; (iii) in connection with the Excludible Shares; (iv) in connection with the 700,000 shares to be issued after the Closing Date to John A.

  • If Company at any time and/or from time to time issues any shares of Capital Stock (or rights, options, warrants or convertible or exchangeable securities containing a right to subscribe for or acquire shares of Capital Stock) other than the Excludible Shares or the 700,000 shares to be issued after the Closing Date to Xxxx Xxxxxx, Xxxx X.

  • If Company at any time and/or from time to time issues or sells any shares of Capital Stock (or rights, options, warrants or convertible or exchangeable securities containing the right to subscribe for or purchase shares of Capital Stock), other than (i) in a Public Offering, or (ii) in connection with an acquisition, or (iii) in connection with the Excludible Shares, or (iv) in connection with the 700,000 shares to be issued after the Closing Date to Xxxx Xxxxxx, Xxxx X.

  • AugustSeptemberOctoberNovemberƩPohjolan Sanomat640201177Ilta-Sanomat13818865Helsingin Sanomat1256032 NUMBER OF NEWSIlta-SanomatPohjolan SanomatHelsingin Sanomat25 20 15 10 5 0 The total amount of coverage was greatest in the Pohjolan Sanomat (PS) during the months examined and during the four-month period.


More Definitions of Excludible Shares

Excludible Shares means the pool of up to 750,000 shares of Class A voting common stock of Company, with a par value of $0.01 per share, that Company may issue from time to time as incentive compensation for its employees and directors, provided such issuances are reasonable in amount and otherwise in accordance with normal and customary business practices within Company's industry. Such issuances may be pursuant to option plans that either have been established as of the effective date hereof or that are established after the effective date hereof.
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Excludible Shares the pool of options convertible into shares of Common Stock that Company may issue from time to time as incentive compensation for its employees and directors, provided that (a) such options are granted at a price that is equal to or greater than the Current Market Price on the date of such grant, and (b) such issuances are reasonable in amount and otherwise in accordance with normal and customary business practices within Company's industry and (c) the aggregate amount of such shares issued at no times exceeds 15.0% of the issued and outstanding equity of Company from time to time (on a fully diluted basis). Such issuances may be pursuant to option plans either (i) that have been established as of the effective date hereof or (ii) that are established after the effective date hereof with notice to Holders.
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Related to Excludible Shares

  • Company Stock Options means any option to purchase Company Common Stock pursuant to any Company Stock Plans.

  • Company Stock Option means any option to purchase Company Common Stock granted under any Company Stock Plan.

  • Parent Stock Option means any option to purchase Parent Common Stock granted under any Parent Stock Plan.

  • Incentive Stock Options means Option Rights that are intended to qualify as “incentive stock options” under Section 422 of the Code or any successor provision.

  • Nonqualifying Income means any amount that is treated as gross income for purposes of Section 856 of the Code and which is not Qualifying Income.

  • Company Stock Option Plans means the Company’s 2000 Employee Stock Option Plan, 1997 Employee Stock Option Plan and 1995 Stock Option Plan, in each case as amended.

  • NSO means a stock option not described in sections 422 or 423 of the Code.

  • Nonstatutory Stock Option means an Option not intended to qualify as an Incentive Stock Option.

  • Parent Class B Common Stock means the Class B Common Stock, par value $0.01 per share, of Parent.

  • Fully Diluted Company Shares means the total number of issued and outstanding shares of Company Common Stock, (a) after giving effect to the Company Preferred Stock or otherwise treating shares of Company Preferred Stock on an as-converted to Company Common Stock basis, and (b) treating all outstanding in-the-money Specified Company Warrants as fully vested and as if the Specified Company Warrants had been exercised for cash as of the Effective Time, but for the avoidance of doubt excluding any Company Securities described in Section 1.11(b).

  • Common Stock Equivalents means any securities of the Company or the Subsidiaries which would entitle the holder thereof to acquire at any time Common Stock, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock.

  • Optioned Shares means Shares subject to an Award granted pursuant to this Plan.

  • Parent Class A Common Stock means the Class A Common Stock, par value $0.01 per share, of Parent.

  • Nonqualified Stock Option means an Option that is not an Incentive Stock Option.

  • Overall Share Limit means the sum of (i) 32,045,000 Shares; and (ii) an annual increase on the first day of each calendar year beginning January 1, 2022 and ending on and including January 1, 2031, equal to the lesser of (A) 3% of the aggregate number of shares of Common Stock outstanding on the final day of the immediately preceding calendar year and (B) such smaller number of Shares as is determined by the Board.

  • Nonqualified Option means any Option that is not an Incentive Stock Option.

  • Fully-Diluted Common Stock means 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.

  • Stock Options means the collective reference to "Incentive Stock Options" and "Other Stock Options".

  • Company Stock Option Plan means each stock option plan, stock award plan, stock appreciation right plan, phantom stock plan, stock option, other equity or equity-based compensation plan, equity or other equity based award to any employee, whether payable in cash, shares or otherwise (to the extent not issued pursuant to any of the foregoing plans), or other plan or contract of any nature with any employee pursuant to which any stock, option, warrant or other right to purchase or acquire capital stock of the Company or right to payment based on the value of Company capital stock has been granted or otherwise issued.

  • Applicable Share Limit means a number of Shares equal to (A) the minimum number of Shares that could give rise to reporting or registration obligations or other requirements (including obtaining prior approval from any person or entity) of a Dealer Person, or could result in an adverse effect on a Dealer Person, under any Applicable Restriction, as determined by Dealer in its reasonable discretion, minus (B) 1% of the number of Shares outstanding.

  • Incentive Option means an option which satisfies the requirements of Code Section 422.

  • Erroneously Awarded Compensation means, with respect to each Executive Officer in connection with an Accounting Restatement, the amount of Clawback Eligible Incentive Compensation that exceeds the amount of Incentive-based Compensation that otherwise would have been Received had it been determined based on the restated amounts, computed without regard to any taxes paid.

  • Equity Stock means all classes or series of capital stock of the Company authorized under the Charter, including, without limit, its common stock, $.001 par value per share, and preferred stock, $.001 par value per share.

  • Vested Company Option means each Company Option outstanding as of immediately prior to the Effective Time that is vested as of immediately prior to the Effective Time or will vest solely as a result of the consummation of the Merger.

  • Common Stock Equivalent means any Convertible Security or warrant, option or other right to subscribe for or purchase any Additional Shares of Common Stock or any Convertible Security.

  • Ordinary Shares Equivalents means any securities of the Company or the Subsidiaries which would entitle the holder thereof to acquire at any time Ordinary Shares, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Ordinary Shares.