Common use of Options and Convertible Securities Clause in Contracts

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1), relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Loan and Security Agreement (AtriCure, Inc.), Common Stock Purchase Warrant (AtriCure, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 6.5(c), relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such considerationconsideration until such subsequent adjustment occurs) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, Securities or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such numbernumber until such subsequent adjustment occurs) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Note (Performance Health Technologies Inc), Note (Performance Health Technologies Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection Section 2(e)(iii)(1)) of this Article FOURTH, relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.), Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1subsection 2(a)(iii), relating to Options and Convertible Securities, shall be determined by dividing dividing (xI) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise or settlement of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise or settlement of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise or settlement of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Warrant Agreement (Westmoreland Coal Co), Common Stock Purchase Warrant (Westmoreland Coal Co)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1)Section 9(b)(iii) above, relating to Options and Convertible Securities, shall be determined by dividing dividing: (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a potential subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a potential subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Securities Agreement (Intelligentias, Inc.), Securities Agreement (Intelligentias, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 7F.4(d)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing (x1) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or or, in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (y2) the maximum number of shares of Common Stock (as set forth in the instruments instrument relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Deferred Pricing Agreement (Citigroup Inc), Deferred Pricing Agreement (On2com Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1), relating to Options and Convertible Securities, 4.3(c) shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 6(d)(iii), relating to Options and Convertible Securities, shall initially be determined by dividing dividing: (xA) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Subscription Agreement (Life Medical Sciences Inc), Subscription Agreement (Life Medical Sciences Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xi) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yii) the maximum number of shares of Common Stock common stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable Issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Warrant Agreement (Metastorm Inc), Warrant Agreement (Metastorm Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1)Section 7.2, relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Warrant Agreement (Sandler Capital Management), Warrant Agreement (TSG Capital Fund Iii L P)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued Issued pursuant to Subsection 2(e)(iii)(1)subsection (e)(ii)(A) of this Section 6, relating to Options and Convertible Securities, shall be determined by dividing (x) dividing: Options and Convertible Securities. the total amount, if any, received or receivable by the Corporation Company as consideration for the issue Issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible SecuritiesSecurities or, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Warrant Agreement (Equivest Finance Inc), Warrant Agreement (Equivest Finance Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1)Section 6.6, relating to Options and Convertible Securities, shall be determined by dividing dividing (xi) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (yii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Sources: Joint Venture Agreement (Winwin Gaming Inc), Joint Venture Agreement (Winwin Gaming Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section C(4)(b), relating to Options and Convertible Securities, shall be determined by dividing dividing (xA) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible SecuritiesSecurities or, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Loan and Security Agreement (Hemosense Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(14(a)(iv)(C)(i), relating to Options and Convertible Securities, shall be determined by dividing dividing: (x1) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by 7 (y2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Warrant Agreement (Coral Systems Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 4(c)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xa) the total amount, if any, received or receivable by the Corporation as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yb) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Stock Purchase Agreement (Metastorm Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Common Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1subparagraph 4(c)(iii)(A), relating to Options and Convertible Securities, shall be determined by dividing dividing: (x1) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision provisions contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (y2) the maximum number of shares of Common Stock Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Amalgamation Agreement (Delano Technology Corp)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(13.9.4(d)(iii), relating to Options and Convertible Securities, shall be determined by dividing dividing (xI) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Series C Senior Convertible Preferred Stock Purchase Agreement (Orion Energy Systems, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1subsection 2(a)(iii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Sontra Medical Corp)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1subsection 2(c)(i), relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Chindex International Inc)

Options and Convertible Securities. The consideration per share Ordinary Share received by the Corporation Company for Additional Shares of Common Stock New Securities deemed to have been issued pursuant to Subsection 2(e)(iii)(1), Article 8.3(E)(5)(c) hereof relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible SecuritiesSecurities (determined in the manner described in paragraph (i) above), plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (y) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Fourth Amended and Restated Memorandum and Articles of Association (Agora, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock Ordinary Shares deemed to have been issued pursuant to Subsection 2(e)(iii)(1)Section 5.7 above, relating to Options and Convertible Securities, shall be determined by dividing dividing: (xi) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, upon the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yii) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Shareholders Agreement (Taomee Holdings LTD)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1)Section 5(d)(iii) above, relating to Options and Convertible Securities, shall be determined by dividing dividing: (xI) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by ; by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Securities Purchase Agreement (Mti Technology Corp)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(15(d)(iii), relating to Options and Convertible Securities, shall be determined by dividing dividing (xI) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: License Agreement (Cerulean Pharma Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1subsection 5(d)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing (xI) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Warrant Agreement (Environmental Power Corp)

Options and Convertible Securities. The consideration per share received or receivable by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1this SECTION 4.4(G), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Convertible Promissory Note (Ivivi Technologies, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock Shares deemed to have been issued pursuant to Subsection 2(e)(iii)(14(A)(iii)(1), relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Warrant Agreement (Viewlocity Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(14(d)(iii), relating to Options and Convertible Securities, shall be determined by dividing dividing (xI) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Merger Agreement (Tangoe Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1)Section 4.5.4, relating to Options and Convertible Securities, shall be determined by dividing dividing (xi) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus plus, subject to Section 4.5.4(b), the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (yii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Convertible Note (Sedona Corp)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1), Section 3(e)(iii)(1) relating to Options and Convertible Securities, Securities shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, Securities plus the minimum aggregate amount amount., of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, Securities by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Merger Agreement (Mascoma Corp)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1), relating to Options and Convertible Securities, Securities shall be determined by dividing dividing (xA) the total amountamount of cash, services or property, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such such-consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Strategic Alliance Agreement (Altus Pharmaceuticals Inc.)

Options and Convertible Securities. The consideration ---------------------------------- per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1subsection 3(b)(iii), relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.by

Appears in 1 contract

Sources: Annual Report

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Ordinary Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1paragraph 7.3(f)(3), relating to Options and Convertible Securities, shall be determined by dividing dividing (xA) the total amount, if any, received or receivable receivable, by the Corporation Company as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (yB) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Share Subscription Agreement (Le Gaga Holdings LTD)

Options and Convertible Securities. The consideration per share received by the Corporation Borrower for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1), relating to Options and Convertible Securities, 1.2.4(c) shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Borrower as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Borrower upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Convertible Promissory Note (Thermoenergy Corp)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 5(c)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xa) the total amount, if any, received or receivable by the Corporation as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yb) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Stock Purchase Agreement (Metastorm Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1SECTION 4(D)(II), relating to Options and Convertible Securities, shall be determined by dividing dividing (xA) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Preferred Stock Purchase Agreement (Texoil Inc /Nv/)

Options and Convertible Securities. The consideration per share received by the Corporation corporation for Additional Shares additional shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1paragraph (v), relating to Options options and Convertible Securitiesconvertible securities, shall be determined by dividing dividing (xA) the total amount, if any, received or receivable by the Corporation corporation as consideration for the issue of such Options options or Convertible Securitiesconvertible securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation corporation upon the exercise of such Options options or the conversion or exchange of such Convertible Securitiesconvertible securities, or in the case of Options options for Convertible Securitiesconvertible securities, the exercise of such Options options for Convertible Securities convertible securities and the conversion or exchange of such Convertible Securitiesconvertible securities, by by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options options or the conversion or exchange of such Convertible Securitiesconvertible securities.

Appears in 1 contract

Sources: Convertible Promissory Note (Applied Voice Recognition Inc /De/)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 2(d)(iii)(A), relating to Options and Convertible Securities, shall be determined by dividing (xI) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Series E Preferred Stock Purchase Agreement (Higher One Holdings, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 6(c)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Warrant Agreement (NextDecade Corp.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1)Section 2.03, relating to Options and Convertible Securities, shall be determined by dividing dividing: (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yB) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Preferred Share Rights Agreement (GCL Silicon Technology Holdings Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1subsection 2(a)(iii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xI) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Parallax Health Sciences, Inc.)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 3.4(c)(i), relating to Options and Convertible Securities, shall be determined by dividing dividing: (x1) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by 7. (y2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Warrant Agreement (Corvas International Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 3.1(c), relating to Options and Convertible Securities, shall be determined by dividing dividing (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or 31 exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Relationship Agreement (Iphysician Net Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Ordinary Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Article 16(iii), relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as consideration(as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible SecuritiesSecurities or, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities Securities, and the conversion or exchange of such Convertible Securities, Securities by (y) the maximum number of shares of Common Stock Ordinary Shares (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Share Exchange Agreement (CHINA NEW BORUN Corp)

Options and Convertible Securities. The consideration per share received by the Corporation this corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 5(d)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing (x1) the total amount, if any, received or receivable by the Corporation this corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation this corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or or, in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (y2) the maximum number of shares of Common Stock (as set forth in the instruments instrument relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Designation of Powers, Preferences and Rights of Series a Convertible Preferred Stock (Mru Holdings Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 7.3(b), relating to Options and Convertible Securities, shall be determined by dividing dividing (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by A/75465809.2 (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Warrant Agreement (ZaZa Energy Corp)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1§ 3.1(b), relating to Options and arid Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such considerationconsideration until such subsequent adjustment occurs) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, Securities or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such numbernumber until such subsequent adjustment occurs) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Credit Agreement (Accentia Biopharmaceuticals Inc)

Options and Convertible Securities. The consideration per share received by the Corporation for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 4(c)(ii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (x1) the total amount, if any, received or receivable by the Corporation as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (y2) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Certificate of Designation (Banque Paribas)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1), relating to Options and Convertible Securities, Section 6.3 shall be determined by dividing dividing: (xi) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by Securities by (yii) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Secured Note and Common Stock Purchase Agreement (Stratos Renewables CORP)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 3(b)(iii), relating to Options and Convertible Securities, shall be determined by dividing (x) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by (y) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Stock Purchase Warrant (Netgenics Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Company for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 7.3(b), relating to Options and Convertible Securities, shall be determined by dividing dividing (xA) the total amount, if any, received or receivable by the Corporation Company as consideration for the issue of such Options or Convertible Securities, plus PLUS the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Company upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yB) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Warrant Purchase Agreement (Outsource International Inc)

Options and Convertible Securities. The consideration per share received by the Corporation Maker for Additional Shares of Common Stock deemed to have been issued pursuant to Subsection 2(e)(iii)(1Section 4(f)(iii), relating to Options and Convertible Securities, shall be determined by dividing dividing: (xI) the total amount, if any, received or receivable by the Corporation Maker as consideration for the issue issuance of such Options or Convertible Securities, plus the minimum aggregate amount of additional consideration (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such consideration) payable to the Corporation Maker upon the exercise of such Options or the conversion or exchange of such Convertible Securities, or in the case of Options for Convertible Securities, the exercise of such Options for Convertible Securities and the conversion or exchange of such Convertible Securities, by by (yII) the maximum number of shares of Common Stock (as set forth in the instruments relating thereto, without regard to any provision contained therein for a subsequent adjustment of such number) issuable upon the exercise of such Options or the conversion or exchange of such Convertible Securities.

Appears in 1 contract

Sources: Subscription Agreement (Tmanglobal Com Inc)