Additional Share of Common Stock definition

Additional Share of Common Stock means any share -------------------------------- of Common Stock issued (or deemed to be issued) by the Corporation after the Original Issue Date, except that notwithstanding anything to the contrary herein, "Additional Share of Common Stock" shall not, under any circumstance, mean any security issued or issuable (i) upon conversion of, or as a dividend or distribution on, a share of Series A-1 Preferred Stock, Series A-2 Preferred Stock, Series A-3 Preferred Stock, Series A-4 Preferred Stock, Series A-5 Preferred Stock, Series A-6 Preferred Stock, Series A-7 Preferred Stock, Series B Preferred Stock, Series C Preferred Stock or Series E Preferred Stock, (ii) upon conversion of, in lieu of or as a substitute for Class B Common Stock, (iii) upon the exercise of any Warrant or Option outstanding as of the Original Issue Date, (iv) to a director, officer or employee of, or consultant to, the Corporation or its subsidiaries directly or pursuant to any employment, bonus or consulting agreement or pension, profit sharing, deferred compensation, stock bonus, retirement, stock purchase, phantom stock, restricted stock, option or other plan or any other employee stock incentive program existing or outstanding as of the Original Issue Date or to the extent such arrangements are approved by the compensation committee of the Board of Directors or a majority of the non-employee directors on the Board of Directors after the Original Issue Date, (v) in connection with the any borrowings, direct or indirect, from financial institutions, insurance companies or other lending institutions regularly engaged in the business of lending money or lease financing by the Corporation, whether or not presently authorized, including any type of loan or payment evidenced by any type of debt instrument, provided that such borrowings are approved by a majority of the non-employee directors on the Board of Directors, (vi) in connection with an acquisition, consolidation, combination, merger or similar transaction approved by a majority of the non-employee directors on the Board of Directors or (vii) to a Regulated Holder (as defined in the Investor Rights Agreement (as hereinafter defined)) pursuant to the terms and conditions of the Investor Rights Agreement.
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Additional Share of Common Stock means any -------------------------------- share of Common Stock issued (or deemed to be issued) by the Corporation after the Original Issue Date, except that notwithstanding anything to the contrary herein, "Additional Share of Common Stock" shall not, under any circumstance, mean any security issued or issuable (i) upon conversion of, or as a dividend or distribution on, a share of Series A-1 Preferred Stock, Series A-2 Preferred Stock, Series A-3 Preferred Stock, Series A-4 Preferred Stock, Series A-5 Preferred Stock, Series A-6 Preferred Stock, Series A-7 Preferred Stock, Series B Preferred
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Additional Share of Common Stock means all shares of Common Stock issued (or, pursuant to Section 6(g)(iii), deemed to be issued) by the Corporation after the Original Issue Date.
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Examples of Additional Share of Common Stock in a sentence

  • Any provision herein to the contrary notwithstanding, no adjustment in the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to subsection 4(a)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price, in effect immediately prior to the date of such issue.

  • No adjustment in the Warrant Price shall be made with respect to the issuance of Additional Shares of Common Stock unless the consideration per share for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Warrant Price in effect on the date of, and immediately prior to, such issue.

  • No adjustment in the number of shares of Common Stock into which Preferred Stock is convertible shall be made, by adjustment in the Conversion Price, in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share for an Additional Share of Common Stock issued or deemed to be issued by the Corporation is less than the relevant Conversion Price in effect on the date of, and immediately prior to, the issue of such Additional Share of Common Stock.

  • No adjustment in the number of shares of Common Stock into which this Warrant is exercisable shall be made, by adjustment in the Purchase Price thereof unless the consideration per share (determined pursuant to Section 2.3(e) below for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the applicable Purchase Price in effect on the date of, and immediately prior to, the issue of such additional shares.

  • No adjustment in the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price in effect on the date or and immediately prior to such issue.

  • No adjustment to the Purchase Price shall be made as the result of the issuance of Additional Shares of Common Stock if the consideration per share (determined pursuant to subsection 2(a)(v)) for such Additional Share of Common Stock issued or deemed to be issued by the Company is equal to or greater than the Purchase Price in effect immediately prior to the issuance or deemed issuance of such Additional Shares of Common Stock.

  • In the event that the consideration per share (determined pursuant to Section 7(c)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Fair Market Value (as defined in Section 7(e) hereof) on the date of the issue of such Additional Share of Common Stock, then the Exercise Price and the number of shares shall be adjusted as provided herein.

  • No adjustment to the Factor shall be made unless the consideration per share (determined pursuant to Subsection 6.3.5) for an Additional Share of Common Stock issued or deemed to be issued by the Company hereunder is less than the Threshold Price then in effect.

  • Any provision herein to the contrary notwithstanding, no adjustment to the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 2(f)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price in effect on the date of, and immediately prior to, such issue.

  • No adjustment in the Conversion Price of a particular share of Series A Preferred Stock shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share for an Additional Share of Common Stock issued or deemed to be issued by the Corporation is less than the Conversion Price in effect on the date of, and immediately prior to such issue, for such share of Series A Preferred Stock.

Related to Additional Share of Common Stock

  • Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 4.4.3 below, deemed to be issued) by the Corporation after the Series B Original Issue Date, other than (1) the following shares of Common Stock and (2) shares of Common Stock deemed issued pursuant to the following Options and Convertible Securities (clauses (1) and (2), collectively, “Exempted Securities”):

  • Pubco Common Stock means all classes and series of common stock of Pubco, including the Class A Common Stock and Class B Common Stock.

  • shares of Common Stock means (i) the class of stock designated as the Common Stock of the Company at the date of this Agreement, or (ii) any other class of stock resulting from successive changes or reclassifications of such shares consisting solely of changes in par value, or from par value to no par value, or from no par value to par value. In the event that at any time, as a result of an adjustment made pursuant to paragraph (a) above, the Warrant Holders shall become entitled to purchase any securities of the Company other than shares of Common Stock, thereafter the number of such other securities so purchasable upon exercise of each Warrant and the Exercise Price of such securities shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Warrant Shares contained in paragraphs (a) through (i), inclusive, above, and the provisions of Section 7 and Section 12.2 through 12.5, inclusive, with respect to the Warrant Shares, shall apply on like terms to any such other securities.

  • Newco Common Stock means the common stock, par value $.01 per share, of Newco.

  • Additional Shares of Common means all shares of Common Stock issued (or, pursuant to Section 3(e)(iii), deemed to be issued) by this corporation after the Original Issue Date, other than shares of Common Stock issued or issuable: