Consideration Received. In any calculation of consideration received for purposes of this Section, the following shall apply: (1) in the case of the issuance of shares of Common Stock or Convertible Securities for cash, the consideration shall be the amount of such cash, before deduction for commissions, discounts and other expenses of the issuance; and (2) in the case of the issuance of shares of Common Stock or Convertible Securities for a consideration in whole or in part other than cash, the consideration other than cash shall be deemed to be the Fair Market Value thereof.
Appears in 2 contracts
Sources: Warrant Agreement (Medical Technology Systems Inc /De/), Securities Purchase Agreement (Medical Technology Systems Inc /De/)
Consideration Received. In For purposes of any calculation of computation respecting consideration received for purposes pursuant to subsections (d) and (e) of this SectionSection 10, the following shall apply:
(1) in the case of the issuance of shares of Common Stock or Convertible Securities for cash, the consideration shall be the amount of such cash, before provided that in no case shall any deduction be made for any commissions, discounts and or other expenses incurred by the Company for any underwriting of the issuanceissue or otherwise in connection therewith; and
(2) in the case of the issuance of shares of Common Stock or Convertible Securities for a consideration in whole or in part other than cash, the consideration other than cash shall be deemed to be the Fair Market Value thereof.;
Appears in 2 contracts
Sources: Warrant Agreement (National Media Corp), Warrant Agreement (Valuevision International Inc)
Consideration Received. In For purposes of any calculation of computation respecting consideration received for purposes pursuant to subsection (c) of this SectionSection 6, the following shall apply:
(1) in the case of the issuance of shares of Common Stock or Convertible Securities for cash, the consideration shall be the amount of such cash, before provided that in no case shall any deduction be made for any commissions, discounts and or other expenses incurred by the Company for any underwriting of the issuance; andissue or otherwise in connection therewith;
(2) in the case of the issuance of shares of Common Stock or Convertible Securities for a consideration in whole or in part other than cash, the consideration other than cash shall be deemed to be the Fair Market Value thereof.fair market value thereof as determined in good faith by the Board of Directors
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Consideration Received. In For purposes of any calculation of computation respecting consideration received for purposes pursuant to subsections (d), and (e) of this SectionSection 8, the following shall apply:
(1) in the case of the issuance of shares of Common Stock or Convertible Securities for cash, the consideration shall be the amount of such cash, before provided that in no case shall any deduction be made for any commissions, discounts and or other expenses incurred by the Company for any underwriting of the issuance; andissue or otherwise in connection therewith;
(2) in the case of the issuance of shares of Common Stock or Convertible Securities for a consideration in whole or in part other than cash, the consideration other than cash shall be deemed to be the Fair Market Value thereof.fair market value thereof as determined in good faith by the Board of
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