Permitted Issuances means issuances of shares of Common Stock and upon exercise of the warrants and options and other convertible securities, in each case listed on Schedule 1.
Permitted Issuances means (i) the issuance of up to 4,243,037 shares of Common Stock issuable pursuant to options to purchase Common Stock under the Stock Option Plan, (ii) shares of Common Stock issued or issuable in connection with a Qualified Public Offering, (iii) shares of Common Stock issued in connection with the Subject Transactions or upon conversion of Convertible Preferred Stock, (iv) shares of Class I Series B Preferred Stock issued upon conversion of the Class II Series B Preferred Stock, (v) securities issued as consideration for any acquisition approved by a majority of the Board of Directors (including the affirmative vote of the Preferred Directors) (vi) the issuance of an aggregate of up to 100,000 additional shares of Common Stock (as adjusted for stock splits, combinations, stock dividends and the like) in transactions approved by a majority of the Board of Directors, (vii) the issuance of an aggregate of up to another 100,000 additional shares of Common Stock (as adjusted for stock splits, combinations, stock dividends and the like) in transactions approved by a majority of the Board of Directors (including the affirmative vote of the Preferred Directors), (viii) the Spinway Warrant, (ix) 210,000 shares of Common Stock upon exercise of the Spinway Warrant, (x) shares of Common Stock and/or Convertible Preferred Stock issued pursuant to the Tutopia Put Agreement, (xi) such other issuances as shall be approved in advance by the holders of at least a majority of the voting power of all then outstanding shares of Convertible Preferred Stock, voting as a single class, or (xi) a warrant for 500,000 shares dated February 19, 2002, issued to Lucent Technologies Inc. and any Common Stock issued on exercise of such warrant;
Permitted Issuances means the acts described in Section 5B(iii) of the Charter.
Examples of Permitted Issuances in a sentence
No adjustments of the Warrant Price shall be made under this Section 4(f) in connection with any Permitted Issuances.
No adjustments of the Warrant Price shall be made under this Section 4(e) in connection with any Permitted Issuances.
No adjustments of the Warrant Price shall be required under this Section 4(e) in connection with any Permitted Issuances.
No adjustments of the Warrant Price shall be required under this Section 4(f) in connection with any Permitted Issuances.
If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities (other than Permitted Issuances) without first again complying with this Section.
More Definitions of Permitted Issuances
Permitted Issuances means issuances of shares of Common Stock upon exercise of the warrants and options listed on Schedule 1.
Permitted Issuances means the issuance and sale of the Preferred Stock expressly contemplated by the Original Purchase Agreement and the Series D Purchase Agreement.
Permitted Issuances means the (a) the issuance of stock options to employees of the Company or any Subsidiary of the Company pursuant to a stock option plan approved by the stockholders of the Company authorizing the issuance of not more than two million (2,000,000) shares of Common Stock, or (b) issuance of shares of Common Stock upon (i) conversion of Warrant Preferred Shares, or (ii) exercise of the stock options referred to in clause (a) of this definition.
Permitted Issuances means the acts described in Section 5B(iii).
Permitted Issuances means: (i) Common Stock issued pursuant to a stock split or subdivision, (ii) Common Stock issuable or issued to employees, consultants or directors of the Company directly or pursuant to a stock plan or other compensation arrangement approved by the Board of Directors of the Company, (iii) capital stock, debt instruments convertible into capital stock or options or warrants to purchase capital stock, issued to financial institutions, investors or lessors in connection with commercial credit arrangements, equipment financings or similar transactions, provided that the terms of such transaction or transactions are approved by the Board of Directors of the Company, and (iv) capital stock, debt instruments convertible into capital stock or warrants or options to purchase capital stock issued in connection with bona fide acquisitions, mergers, technology licenses or purchases, corporate partnering agreements, joint ventures or similar transactions, the terms of which are approved by the Board of Directors of the Company.
Permitted Issuances means (1) issuances of shares of Common Stock or options to employees, officers, directors or consultants of the Issuer duly approved by a majority of the non-employee members of the Board of Directors of the Issuer or a majority of the members of a committee of non-employee directors established for such purpose, that would otherwise cause an adjustment to the Warrant Price hereunder, to the extent the same do not, in the aggregate (and on an as-converted basis), exceed 10% of the issued and outstanding shares of Common Stock on the date hereof; (2) issuances of securities upon the exercise or exchange of or conversion of any securities exercisable or exchangeable for or convertible into shares of Common Stock issued and outstanding on the Original Issuance Date, provided that such securities have not been amended since the Original Issuance Date to increase the number of such securities or to decrease the exercise, exchange or conversion price of any such securities; (3) securities issued pursuant to acquisitions or strategic transactions approved by a majority of the disinterested directors, but not including a transaction with an entity whose primary business is investing in securities or a transaction, the primary purpose of which is to raise capital; (4) the exercise of any of the Warrants; (5) the issuance of securities pursuant to any equipment financing or commercial business arrangement with one or more banks or similar financial or lending institutions approved by the Board of Directors to the extent such issuances do not, in the aggregate, exceed two percent (2%) of the issued and outstanding shares of Common Stock on the date hereof; (6) the issuance of Interest Shares (as defined in the Notes); and (7) securities issued in any transaction that is approved in writing by the Holders of Warrants, substantially in the form of this Warrant and issued on the Original Issuance Date (including this Warrant), exercisable for at least two-thirds of the shares of Warrant Stock issuable under such Warrants (without regard to the limitations set forth in Section 8 hereof).
Permitted Issuances means (1) issuances, pursuant to option plans existing on December 26, 2007, of options to employees, officers or directors of the Company , approved by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose to the extent such issuances (i) are at an exercise price of not less than the Closing Price on the date of grant and (ii) are at an exercise price greater than $0.26 per share; (2) issuances of securities upon the exercise or exchange of or conversion of any securities exercisable or exchangeable for or convertible into shares of Common Stock issued and outstanding on the Original Issue Date (including this Warrant and the other securities issued pursuant to the Purchase Agreement), provided that such securities have not been amended since the Original Issue Date to increase the number of such securities or to decrease the exercise, exchange or conversion price of any such securities; and (3) securities issued pursuant to acquisitions or strategic transactions approved by a majority of the disinterested directors, but not including a transaction with an entity whose primary business is investing in securities or a transaction, the primary purpose of which is to raise capital.