Common use of Definition of Additional Stock Clause in Contracts

Definition of Additional Stock. For purposes of this Section 3, "Additional Shares of Common Stock" includes all shares of Common Stock issued by the Company after the Issuance Date, other than: (i) The shares of Series D-1 Preferred Stock or shares of the Company's Series D-2 Preferred Stock, or the shares of Common Stock issued upon conversion of shares of the Company's Series A-1 Preferred Stock, the Company's Series A-2 Preferred Stock, the Company's Series B Preferred Stock, the Company's Series B-2 Preferred Stock, the Company's Series D-1 Preferred Stock, or the Company's Series D-2 Preferred Stock; (ii) Shares of Common Stock (subject to appropriate adjustment for any stock dividend, stock split, combination or other similar recapitalization affecting such shares) issuable or issued to the Company's employees, directors or consultants pursuant to a stock option plan or restricted stock plan approved by the Board; (iii) Shares of Common Stock issued or issuable pursuant to subsection 3(d) below; (iv) Shares of Common Stock or Preferred Stock issuable upon exercise of options, warrants or upon conversion of convertible securities or other rights outstanding as of the Issuance Date; and (v) Shares of capital stock or options or warrants to purchase capital stock issued (a) to financial institutions or lessors in connections with commercial credit agreements, equipment financings or similar transactions or (b) to other corporations, persons or entities in connection with acquisitions, mergers or similar business combinations, partnership arrangements, strategic alliances, licensing arrangements or similar non-capital raising transactions approved by the Board, including within this exception shares issued to raise capital provided that the use of proceeds is to consummate such non-capital raising transactions. The number and kind of securities issuable upon the conversion of the Series D-1 Preferred Stock and the Conversion Price shall be subject to adjustment from time to time in accordance with the following provisions:

Definition of Additional Stock. For purposes of this Section 3, The term "Additional Shares of Common Stock" includes all shares of Common Stock issued by the Company after the Issuance DateDate of Issuance, other than: (i) The shares of Series D-1 Preferred Stock or shares of the Company's Series D-2 Preferred Stock, or the shares of Common Stock issued upon conversion of shares of the Company's Series A-1 Preferred Stock, the Company's Series A-2 Preferred Stock, the Company's Series B Preferred Stock, the Company's Series B-2 Preferred Stock, the Company's Series D-1 Preferred Stock, or the Company's Series D-2 Preferred Stock; (ii) Shares of Common Stock (subject to appropriate adjustment for any stock dividend, stock split, combination or other similar recapitalization affecting such shares) issuable or issued to the Company's employees, directors or consultants pursuant to a stock option plan or restricted stock plan or other compensation plan approved by the Board; (ii) Shares of Common Stock issued or issuable pursuant to securities outstanding at the Date of Issuance or agreements to issue such securities or underlying shares of Common Stock which agreements are outstanding at the Date of Issuance; (iii) Shares of Common Stock issued or issuable pursuant to subsection 3(d2.1(b)(iv) below; (iv) Shares of Common Stock or Preferred Stock issuable upon exercise of optionsoptions or warrants, warrants or upon conversion of convertible securities or other rights rights, outstanding as of the Issuance DateDate of Issuance, as well as options and warrants and shares of Common Stock issued or issuable upon exercise of options or warrants issued in connection with the sale by the Company of the Company's Series A Convertible Preferred Stock and the Company's Permitted Preferred Stock, as such term is hereinafter defined, and the shares of the Company's Series A Convertible Preferred Stock and the Company's Permitted Preferred Stock, and the shares of Common Stock issued or issuable upon conversion of shares of the Company's Series A Convertible Preferred Stock or the Company's Permitted Preferred Stock; and (v) Shares of capital stock or options or Securities and options, warrants and rights to purchase capital stock securities issued (a) to financial institutions or lessors in connections with commercial credit agreements, equipment financings or similar transactions or (b) to other corporations, persons or entities in connection with acquisitions, mergers or similar business combinations, partnership arrangements, strategic alliances, licensing arrangements or similar non-capital raising transactions approved by the BoardCompany's Board of Directors, including within this exception shares securities and option, warrants and rights to purchase securities issued to raise capital provided that the use of proceeds is to consummate such non-capital raising transactions. The number and kind of securities issuable upon the conversion of the Series D-1 Preferred Stock and the Conversion Price shall be subject to adjustment from time to time in accordance with the following provisions:.

Definition of Additional Stock. For purposes of this Section 3, The term "Additional Shares of Common Stock" includes all shares of Common Stock issued by the Company after the Issuance DateDate of Issuance, other than: (i) The shares of Series D-1 Preferred Stock or shares of the Company's Series D-2 Preferred Stock, or the shares Shares of Common Stock issued upon conversion of shares of the Company's Series A-1 Preferred Stock, the Company's Series A-2 Preferred Stock, the Company's Series B Preferred Stock, the Company's Series B-2 Preferred Stock, the Company's Series D-1 Preferred Stock, or the Company's Series D-2 A Preferred Stock; (ii) Shares of Common Stock (subject to appropriate adjustment for any stock dividend, stock split, combination or other similar recapitalization affecting such shares) issuable or issued to the Company's employees, directors or consultants pursuant to a stock option plan or restricted stock plan approved by the Board; (iii) Shares of Common Stock issued or issuable pursuant to subsection 3(d2.1(b)(iv) below; (iv) Shares of Common Stock or Preferred Stock issuable upon exercise of options, warrants or upon conversion of convertible securities or other rights outstanding as of the Issuance DateDate of Issuance; and (v) Shares of capital stock or options or warrants to purchase capital stock issued (a) to financial institutions or lessors in connections with commercial credit agreements, equipment financings or similar transactions or (b) to other corporations, persons or entities in connection with acquisitions, mergers or similar business combinations, partnership arrangements, strategic alliances, licensing arrangements or similar non-capital raising transactions approved by the Board; PROVIDED THAT if more than 33% of the currently outstanding shares of capital stock are issued in connection with one or a series of related acquisitions, including within this exception mergers or similar business combinations, then any shares issued to raise capital provided that the use in excess of proceeds is to consummate such non-capital raising transactions. The number and kind of securities issuable upon the conversion 33% of the Series D-1 Preferred Stock and the Conversion Price currently outstanding shares of capital stock shall be subject deemed Additional Shares of Common Stock; PROVIDED, FURTHER, THAT in no event shall the foregoing apply to adjustment from time any issuances to time in accordance with private equity or venture capital firms or any private equity division of any investment bank or commercial bank unless such issuances are made pursuant to contracts or other obligations existing as of the following provisions:date hereof.