Additional Common Stock Clause Samples
Additional Common Stock. In the event additional shares of Common Stock are issued by the Company to a Holder at any time during the term of this Agreement, either directly or upon the exercise, conversion or exchange of securities of the Company exercisable for or convertible or exchangeable into shares of Common Stock, such additional shares of Common Stock shall, as a condition to such issuance, become subject to the terms and provisions of this Agreement.
Additional Common Stock. Each Stockholder hereby agrees, while this Agreement is in effect, promptly to notify the Purchaser Parties of the number of any new shares of Common Stock or Stock Options with respect to which Beneficial Ownership and voting control is acquired by such Stockholder, if any, after the date hereof and before the Expiration Time. Any such Common Stock shall automatically become subject to the terms of this Agreement as though owned by such Stockholder as of the date hereof.
Additional Common Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company and the Purchaser hereby agree that the Purchaser shall be entitled, at its sole discretion, to purchase from the Company (and the Company shall be obliged to issue and sell, if so elected by the Purchaser) at any time before or on December 31, 2004, the number of shares of common stock of the Company (the "Additional Common Stock") equal to the quotient of (i) Two Hundred Fifty Thousand dollars ($250,000); divided by (ii) the average closing price of the Company's shares during the twenty (20) trading days immediately preceding the date of delivery of a written notice (a "Notice"). The purchase price of the Additional Common Stock shall be the average trading price of the Company's shares during twenty (20) day trading period immediately preceding the date of delivery of a Notice (the "Additional Consideration"). The Notice shall specify the number of shares of Additional Common Stock to be purchased and the aggregate amount to be paid in consideration thereof. The Common Stock and the Additional Common Stock are, collectively, referred to herein as the "Securities".
Additional Common Stock. As additional consideration for making this Note, subject to the prior occurrence of the Preferred Conversion, the Company shall issue to the Payee [_____] shares of Common Stock, subject to adjustment consistent with Section 2(g), within ten (10) business days of the earlier of the following occurrences: (i) the Maturity Date or (ii) the date on which the Company receives a Conversion Notice and other documents referred to herein such that the Company no longer owes any amounts of principal, Interest, or Lender Fees hereunder.
Additional Common Stock. The Company agrees to issue the additional common stock and agrees that:
Additional Common Stock. Except in the event that this Agreement is terminated pursuant to Section 7.2 due to a material breach by Arcutis, if and when Hawkeye (a) issues and sells to investors in a bona fide equity financing (the “Series A Financing”) shares of its preferred stock (the “Series A Preferred Stock”), and (b) receives total proceeds of at least $5,000,000 (excluding the conversion of convertible promissory notes or other convertible securities issued for capital raising purposes (e.g., Simple Agreements for Future Equity)), Hawkeye shall issue to Arcutis a number of fully-paid and fully-vested shares of Common Stock (pursuant to the same form of common stock purchase agreement contemplated in Section 3.1 as applicable) determined by dividing (i) $2,000,000, by (ii) an amount equal to the cash price paid per share for Series A Preferred Stock by the investors in the Series A Financing, rounded down to the nearest whole share.
Additional Common Stock. In the event the Company shall within six months from the date hereof issue any additional shares of Common Stock (other than through a stock subdivision or split covered by Section 2.02, a dividend upon the Company's Common Stock payable in stock covered by Section 2.03 or pursuant to any existing right to purchase or acquire shares of Common Stock of the Company) for a consideration per share of less than $1.00, then the Exercise Price of the $2.00 Warrants shall be reduced to the price at which the Company issued or sold such shares of Common Stock.
Additional Common Stock. PAID-IN STOCK RETAINED ----------------------------- CAPITAL ON PURCHASE EARNINGS SHARES AMOUNT COMMON STOCK WARRANTS (DEFICIT) -------------------------------------------------------------------------------- Balance at March 31, 1991 731,261 $ 7,313 $ 49 $ -- $ (1,815,605) Repurchase and retirement of common stock (78,973) (790) -- -- -- Issuance of common stock 106,041 1,060 -- -- -- Issuance of stock purchase warrants -- -- -- 1,050,000 -- Accretion of value of stock purchase warrants -- -- -- 154,556 (154,556) Conversion of $1,232,498 of accrued preferred dividends to common stock 246,500 2,465 1,230,033 -- -- Purchase of common stock for treasury -- -- -- -- -- Net income -- -- -- -- 1,084,598 -------------------------------------------------------------------------------- Balance at March 31, 1992 1,004,829 10,048 1,230,082 1,204,556 (885,563) Accretion of value of stock purchase warrants -- -- -- 236,568 (236,568) Conversion of stock purchase warrants 1,259 13 5,923 -- -- Net income -- -- -- -- 1,028,482 -------------------------------------------------------------------------------- Balance at March 31, 1993 1,006,088 10,061 1,236,005 1,441,124 (93,649) Accretion of value of stock purchase warrants -- -- -- 283,276 (283,276) Conversion of stock purchase warrants 8 -- 35 -- -- Net loss -- -- -- -- (1,561,305) -------------------------------------------------------------------------------- Balance at March 31, 1994 1,006,096 $10,061 $1,236,040 $ 1,724,400 $ (1,938,230) ================================================================================ EDUCATIONAL MEDICAL, INC., A DELAWARE CORPORATION BAUD▇▇ ▇▇▇UISITION CORP. MERGED INTO DOI - 03/11/88 EDUCATIONAL MEDICAL, INC. ON 06/11/92 EIN - 65-0▇▇▇▇▇▇ D/B/A BAUD▇▇ ▇▇▇LEGE -------------------------- ------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------ * DBS ACQUISITION CORP., A VIRGINIA CORPORATION F/K/A A-DBS ACQ. CORP. D/B/A DOMINION BUSINESS * SCHOOL MTSX ACQUISITION DOI - 04/13/93 CORP., A DELAWARE PALO VISTA COLLEGE OF ANDON COLLEGES, INC. EIN - 68-2▇▇▇▇▇▇ MARIC LEARNING SYSTEMS, CORPORATION NURSING AND ALLIED HEALTH A CALIFORNIA CORPORATION *ORIGINALLY A DELAWARE A CALIFORNIA CORPORATION D/B/A MODERN SCIENCES, INC., A CALIFORNIA D/B/A ANDON COLLEGE CORPORATION KNOWN AS D/B/A MARIC COLLEGE OF TECHNOLOGY SCHOOL OF CORPORATION DOI - 11/28/89 DBS ACQUISITION CORP. MEDICAL CAREERS X-...
Additional Common Stock. Section 2.4(vi) of the APA is hereby amended to increase the number of shares of Common Stock from 75,000 to 100,000 (with 50,000 shares issued in the name of ▇▇▇▇▇▇▇ and 50,000 shares issued in the name of ▇▇▇▇▇▇▇). In addition, Section 6.3(c) of the APA is hereby amended to be consistent with the foregoing.