Common use of Definition of Additional Stock Clause in Contracts

Definition of Additional Stock. For purposes of this Section 4(d)(i), “Additional Stock” shall mean any shares of Common Stock issued (or deemed to have been issued pursuant to Section 4(d)(i)(E))by the Corporation after the Purchase Date) other than: (1) Common Stock issued pursuant to stock dividends, stock splits or similar transactions, as described in Section 4(d)(ii) hereof; (2) Shares of Common Stock issued or issuable to employees, consultants or directors of the Corporation directly or pursuant to a stock option plan or restricted stock plan approved by the Board of Directors of the Corporation; (3) Shares of Common Stock issued or issuable upon conversion of the Series A, Series A-l, Series B, Series B-▇ or Series C Preferred Stock; (4) Shares of Common Stock issued or issuable in a public offering prior to or in connection with which all outstanding shares of Series A, Series A-l, Series B, Series B-▇ and Series C Preferred Stock will be converted to Common Stock; (5) Shares of Common Stock issued or issuable with the affirmative vote of at least a majority of the then outstanding shares of Series B, Series B-▇ and Series C Preferred Stock, voting together as a class.

Definition of Additional Stock. For purposes of this Section 4(d)(i), “Additional Stock” shall mean any shares of Common Stock issued (or deemed to have been issued pursuant to Section 4(d)(i)(E))by the Corporation after the Purchase Date) other than: (1) Common Stock issued pursuant to stock dividends, stock splits or similar transactions, as described in Section 4(d)(ii) hereof; (2) Shares of Common Stock issued or issuable to employees, consultants or directors of the Corporation directly or pursuant to a stock option plan or restricted stock plan approved by the Board of Directors of the Corporation; (3) Shares of Common Stock issued or issuable upon conversion of the Series A, Series A-l, Series B, Series B-▇ B-l or Series ▇▇ries C Preferred Stock; (4) Shares of Common Stock issued or issuable in a public offering prior to or in connection with which all outstanding shares of Series A, Series A-l, Series B, Series B-B-l an▇ and Series ▇eries C Preferred Stock will be converted to Common Stock; (5) Shares of Common Stock issued or issuable with the affirmative vote of at least a majority of the then outstanding shares of Series B, Series B-B-l an▇ and Series ▇eries C Preferred Stock, voting together as a class.