Number of Shares Available Clause Samples

Number of Shares Available. EBI acknowledges and agrees that the Company’s ability to legally offer and sell Shares of the Company’s Class A common stock may be limited by law, including without limitation state and federal securities laws. If the aggregate dollar amount of the Company’s obligation to issue and sell Shares of the Company’s Class A common stock to all of the Company’s customers in any calendar year, including the Company’s obligation under this Agreement, exceeds the aggregate dollar amount that the Company would be authorized to issue and sell under Tier II of Regulation A promulgated under the Securities Act of 1933, as amended, as such regulation may be amended from time to time, or if the Company is otherwise restricted in the number or dollar amount of shares of the Company’s Class A common stock that may be issued by the Company by applicable state or federal law, then the Company may reduce the number of Shares issuable to EBI under this Agreement proportionately with all other EquityBase Investors otherwise purchasing Shares in the applicable month. If the Company reduces the number of Shares issued and sold to EBI as described in the previous sentence, then EBI may terminate this Agreement within 30 days of the date EBI receives notice of such reduction. The Company makes no representations or warranties with respect to its ability to issue any particular number of Shares to EBI.

Number of Shares Available. The shares available (assuming all offers or options to acquire unissued shares are accepted) to Australian participants under the Stock Option Plan, plus the number of shares issued under any other equity participation plan in respect of ResMed shares of Common Stock issued to Australian employees and directors in the previous 5 years, represent less than 5% of the total number of outstanding shares of Common Stock of ResMed.

Number of Shares Available. Subject to Sections 2.2 and 18, the total number of Shares reserved and available for grant and issuance pursuant to this Plan will be Seven Million (7,000,000) Shares. In the event that any outstanding Option or other Award granted under this Plan can no longer under any circumstances be exercised, whether due to expiration, cancellation, termination, repurchase by the Company, or otherwise, or in the event that any shares purchased pursuant to this Plan are reacquired by the Company for any reason, the shares of Common Stock allocable to the unexercised portion of such Option or other Award, or the shares reacquired, as the case may be, may again be subject to grant or issuance under this Plan. At all times the Company shall reserve and keep available a sufficient number of Shares as shall be required to satisfy the requirements of all outstanding Options granted under this Plan and all other outstanding but unvested Awards granted under this Plan.

Number of Shares Available. The maximum number of Shares that may be issued under the Plan through Awards is 12,500,000 (twelve million, five hundred thousand), which includes 4,500,000 shares authorized upon approval of the Plan by the shareholders in 2001, plus 3,000,000 shares authorized in 2007, 3,000,000 shares authorized in 2011 and 2,000,000 shares authorized in 2016. Shares available under the Plan that are not awarded in one particular year may be awarded in subsequent years. Any and all Shares may be issued in respect of any of the types of Awards. The Shares to be offered under the Plan may be authorized and unissued Shares or treasury Shares. The number of Shares covered by an Award under the Plan, or to which such Award relates, shall be counted on the date of grant of such Award against the number of Shares available for granting Awards under the Plan.

Number of Shares Available. Subject to adjustment under Section 4.5, the total number of shares of Common Stock reserved and available for distribution pursuant to the exercise of Options under the Plan shall be 1,200,000 shares of Common Stock. Such shares may consist, in whole or in part, of authorized and unissued shares or treasury shares.

Number of Shares Available. Subject to Sections 2.2 ("Adjustment of Shares") and 17 ("Corporate Transactions"), the total number of Shares reserved and available for grant and issuance pursuant to this Plan will be 850,000 Shares plus Shares that are subject to: (a) issuance upon exercise of an Option but cease to be subject to such Option for any reason other than exercise of such Option; (b) an Award granted hereunder but are forfeited or are repurchased by the Company at the original issue price; and (c) an Award that otherwise terminates without Shares being issued.

Number of Shares Available. The maximum number of Shares which may be issued under this Plan after the restated Effective Date (as specified in Section 14.1) is 5,000,000, of which 2,446,905 Shares represent Shares that were previously approved by shareholders for issuance under the terms of the Regency Realty Corporation 1993 Long Term Omnibus Plan but which were not issued as of the restated Effective Date. Shares available which are not awarded in one particular year may be awarded in subsequent years. Any and all Shares may be issued in respect of any of the types of Awards, provided that (1) the aggregate number of Shares that may be issued in respect of Restricted Stock Awards, Stock Rights Awards, Performance Awards or Dividend Equivalent Units settled in Shares, and any other Share-Based Awards (other than Options or similar stock purchase rights) which are settled in Shares is 2,750,000, and (2) the aggregate number of Shares that may be issued pursuant to Incentive Stock Options is 3,000,000. The Shares to be offered under the Plan may be authorized and unissued Shares or treasury Shares.

Number of Shares Available. There is hereby reserved for issuance under this Plan 225,000 shares of Merck Common Stock, no par value, which may be authorized but unissued shares, treasury shares, or shares purchased on the open market.

Number of Shares Available. The maximum number of Shares which may be issued under the Plan and as to which Awards may be granted is 6 percent of the Shares